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Additional cases ? Unpaid support: involve the Caf or MSA
Where maintenance is unpaid, the creditor may direct payment.. This procedure allows you to obtain payment from a third party (employer, bank...), which is the holder of sums originally intended for debtor.. This procedure may be initiated as soon as 1to payment is not made on the scheduled date. Once initiated, this procedure is applicable to the unpaid 6 months prior to his appointment, and to all unpaid future.
The direct payment can obtain payment of unpaid pensions from a third party (employer, bank, ...) who holds sums that can be seized.
The direct payment may in particular wage attachment or bank account entry.. This procedure concerns unpaid payments for the 6 months preceding the notification request for direct payment and unpaid bills to come.
Please note : this is a simple and quick procedure for the recovery of maintenance payments, which avoids the need for a new judicial procedure.
The creditor who has a document (court decision or immediately enforceable agreement) setting out support payments may appeal to the direct payment..
He may initiate this procedure from 1to unpaid (1 day is sufficient) or in the event of an irregular or incomplete payment.
FYI : the creditor and his debtor may also agree to use the direct payment..
Address a judicial officer
The application procedure for direct payment may be initiated as from 1re unpaid pension.
The creditor must then address a judicial officer of his place of residence and provide him with the following documents or information:
- Original judgment on maintenance
- Account of amounts due
- All information concerning the debtor (identity, domicile, address of the employer, registration with social security)
The bailiff notify within 8 days the request of direct payment third party.
FYI : the costs of proceedings shall be borne by the debtor. No advance payment may be requested from the support recipient.
Who shall I contact
Where the creditor does not know the address of the debtor or that of his employer, the judicial officer shall contact the bodies required to inform him. These include the tax administration, social security, the national bank of irregular checks (FNCI).
Please note : after divorce or legal separation, the support debtor has the obligation to report any change of address to the recipient.
Third party response
The third party may be either the debtor's employer or one of the depositaries of his funds (his bank, for example).
Within 8 days of notification the Usher of the direct payment, the third party shall indicate whether or not it is in a position to act on it.
The third party who can repay creditor must set up the direct payment.. If he fails to pay the amount of maintenance due to the creditor, he shall be liable to a fine of €1,500 maximum (€3,000 in case of recidivism).
The amounts due are paid to the creditor in 12 equal monthly installments.
In the event of an agreement between the beneficiary and his debtor, it is sufficient to indicate this to the judge to determine the amount of the pension accordingly.
The procedure for direct payment of maintenance may be contested by the debtor of the pension before the judge of the court of his domicile.
However, as long as the judgment is not delivered, the third party who received the notice of direct payment must continue to pay.
Who shall I contact
The request for direct payment ends when the bailiff of the creditor in notify to the third party release by registered letter.
It may terminate at the request of debtorby means of a certificate issued by a bailiff.
This certificate must certify that the pension is terminated by a new judgment or agreement, or that it has ceased to be due.
Warning : the creditor who, in bad faith, makes use of the direct payment may be sentenced by the court to a civil fine of up to €10,000..