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Who has to pay the bailiff (now called the Commissioner of Justice) who is responsible for claiming an unpaid amount?
Verified 05 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)
It depends on the situation. Two situations are possible: either the bailiff recovers the unpaid sums after a judge has established that the claim , or he shall intervene in the context of a procedure for amicable recovery. We'll explain.
What applies to you ?
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A judge established the claim
One creditor may instruct a Commissioner of Justice to recover in his place the sums owed to him by debtor.
For this purpose, the creditor gives a mandate or a power to the commissioner of justice.
The Commissioner of Justice charges a fee right of recovery in return for its intervention.
The amount of the right of recovery depends on:
- The type of claim (e.g. maintenance)
- The amount that the Commissioner of Justice has recovered from the debtor
In case of overlapping of a maintenance claim unpaid (e.g. unpaid support), the debtor must pay the right of recovery, but the court may decide otherwise (sharing of such costs between the debtor or creditor, or at the expense of the creditor).
The amount of the right of recovery depends on the amount recovered by the Commissioner of Justice from the debtor.
FYI
If the debtor pays by successive installments, the amount due to the Commissioner of Justice is calculated on the totality of the sums obtained and not on each installment.
The Commissioner of Justice's rates depend on the date of his intervention.
Namely: The intervention of the Commissioner of Justice, where it has been the subject of a provision or a deposit paid before 1er March 2024, or costs or expenses incurred before 1er March 2024, is subject to the rates in effect until 30 april 2024.
Warning
In some overseas departments, the VAT rate differs.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rates from May 2024
If the amount recovered is less than or equal to € 44
If the amount recovered by the Commissioner of Justice is less than or equal to €44.00, the debtor shall pay a recovery fee of €5.16 (including VAT).
If the amount recovered is more than € 44
When the amount recovered is greater than €44.00, on right of recovery payable by the debtor shall be calculated as follows:
Slice | Rate |
|---|---|
From 0 to €125 | 19.54% |
Beyond €125 and up to €610 | 12.70% |
Beyond €610 and up to €1,525 | 6.82% |
Beyond €1,525 | 0.58% |
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
The right of recovery billed by the Commissioner of Justice may not exceed €550.
Example :
For €4,000 retrieved, on right of recovery is:
- 1re band: 125 x 19.54% = 24.43
- 2e slice: (610 - 125) x 12.70% = 61.60
- 3e band: (1,525 - 610) x 6.82% = 62.40
- 4e band: (4,000 - 1,525) x 0.58% = 14.36
This gives a total of: 24.43 + 61.60 + 62.40 + 14.36 = €162.79 (excluding VAT).
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
Rates until 30 April 2024
If the amount recovered is less than or equal to € 44
If the amount recovered by the Commissioner of Justice is less than or equal to €44.00, the debtor shall pay a recovery fee of €5.10 (including VAT).
If the amount recovered is more than € 44
When the amount recovered is greater than €44.00, on right of recovery payable by the debtor shall be calculated as follows:
Slice | Rate |
|---|---|
From 0 to €125 | 19.34% |
Beyond €125 and up to €610 | 12.58% |
Beyond €610 and up to €1,525 | 6.76% |
Beyond €1,525 | 0.58% |
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
The right of recovery billed by the Commissioner of Justice may not exceed €550.
Example :
For €4,000 retrieved, on right of recovery is:
- 1re band: 125 x 19.34% = 24.18
- 2e band: (610 - 125) x 12.58% = 61.01
- 3e band: (1,525 - 610) x 6.76% = 61.85
- 4e band: (4,000 - 1,525) x 0.58% = 14.36
This gives a total of: 24.18 + 61.01 + 61.85 + 14.36 = €161.40 (excluding VAT).
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
In the event of recovery of a claim established by the court (claim for which the creditor has a enforceable title), the debtor shall pay the right of recovery, but the court may decide otherwise (sharing of such costs between the debtor or creditor, or at the expense of the creditor).
The amount of the recovery fee depends on the amount recovered by the Commissioner of Justice from the debtor.
The amount recovered may relate to 1 of the following amounts:
- Amount initially due by the debtor to the creditor at the agreed maturity (principal claim)
- Sentence amount (except costs, i.e. costs related to the trial)
FYI
If the debtor pays his debt in successive installments, the amount due to the Commissioner of Justice is calculated on the totality of the sums obtained and not on each installment.
The Commissioner of Justice's rates depend on the date of his intervention.
Namely: The intervention of the Commissioner of Justice, where it has been the subject of a provision or a deposit paid before 1er March 2024, or costs or expenses incurred before 1er March 2024, is subject to the rates in effect until 30 april 2024.
Warning
In some overseas departments, the VAT rate differs.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rates from May 2024
Attention, the intervention of the Commissioner of Justice, when it has been the subject of a provision or a deposit paid before 1er march 2024, or expenses or disbursements incurred before 1er March 2024, is subject to the rates in effect until 30 april 2024.
If the amount recovered is less than or equal to € 44
If the amount recovered by the Commissioner of Justice is less than or equal to €44.00, the right of recovery due by the debtor shall be €5.16 (including VAT).
If the amount recovered is more than € 44
Where the amount recovered by the Commissioner of Justice exceeds €44.00, on right of recovery payable by the debtor shall be calculated as follows:
Slice | Rate |
|---|---|
From 0 to €125 | 9.77% |
Beyond €125 and up to €610 | 6.35% |
Beyond €610 and up to €1,525 | 3.41% |
Beyond €1,525 | 0.29% |
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
The right of recovery billed by the Commissioner of Justice may not exceed €550.
Example :
For €4,000 retrieved, on right of recovery is calculated this way:
- 1re slice: 125 x 9.77% = 12.21
- 2e slice: (610 - 125) x 6.35% = 30.80
- 3e slice: (1 525 - 610) x 3.41% = 31.20
- 4e tranche: (4 000 - 1 525) x 0.29% = 7.18
This gives a total of: 12.21 + 30.80 + 31.20 + 7.18 = €81.39 (excluding VAT).
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
Rates until 30 April 2024
If the amount recovered is less than or equal to € 44
If the amount recovered by the Commissioner of Justice is less than or equal to €44.00, the right of recovery due by the debtor shall be €5.10 (including VAT).
If the amount recovered is more than € 44
Where the amount recovered by the Commissioner of Justice exceeds €44.00, on right of recovery payable by the debtor shall be calculated as follows:
Slice | Rate |
|---|---|
From 0 to €125 | 9.67% |
Beyond €125 and up to €610 | 6.29% |
Beyond €610 and up to €1,525 | 3.38% |
Beyond €1,525 | 0.29% |
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
The right of recovery billed by the Commissioner of Justice may not exceed €550.
Example :
For €4,000 retrieved, on right of recovery is calculated this way:
- 1re slice: 125 x 9.67% = 12.09
- 2e slice: (610 - 125) x 6.29% = 30.51
- 3e slice: (1 525 - 610) x 3.38% = 30.93
- 4e tranche: (4 000 - 1 525) x 0.29% = 7.18
This gives a total of: 12.09 + 30.51 + 30.93 + 7.18 = €80.71 (excluding VAT).
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
Amicable recovery (the judge was not seised)
One creditor may instruct a Commissioner of Justice to recover in his place the sums owed to him by debtor.
For this purpose, the creditor gives a mandate or a power to the commissioner of justice.
The Commissioner of Justice charges a fee right of recovery in return for its intervention.
In the case of a amicable recovery of a claim, i.e. without a prior decision of the court (for example, in the case of a simplified procedure for the recovery of small claims), it is the creditor's responsibility to pay the right of recovery .
The amount of the recovery fee depends on the amount recovered by the Commissioner of Justice from the debtor.
FYI
If the debtor pays his debt in successive installments, the amount due to the Commissioner of Justice is calculated on the totality of the sums obtained and not on each installment.
The Commissioner of Justice's rates depend on the date of his intervention.
Namely: The intervention of the Commissioner of Justice, where it has been the subject of a provision or a deposit paid before 1er March 2024, or costs or expenses incurred before 1er March 2024, is subject to the rates in effect until 30 april 2024.
Warning
In some overseas departments, the VAT rate differs.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rates from May 2024
Attention, the intervention of the Commissioner of Justice, when it has been the subject of a provision or a deposit paid before the 1er March 2024, or expenses incurred before 1er March 2024, is subject to the rates in effect until April 30, 2024.
Up to 188 € recovered
If the amount recovered by the Commissioner of Justice is less than or equal to €188.00, the right of recovery due by the creditor shall be €25.80 (INCLUDING VAT)
More than 188 € recovered
Where the amount recovered by the Commissioner of Justice exceeds €188.00, on right of recovery payable by the creditor shall be calculated as follows:
Slice | Rate |
|---|---|
From 0 to €125 | 11.73% |
More than €125 and up to €610 | 10.75% |
More than €610 and up to €1,525 | 10.26% |
More than €1,525 and up to €52,400 | 3.91% |
More than €52,400 | 3.01% |
You must add a VAT rate of 20% to find out the amount actually owed by the creditor to the Commissioner of Justice.
The Commissioner of Justice cannot charge a fee for right of recovery greater than €5,540.
Example :
For €4,000 retrieved, on right of recovery is:
- 1re slice: 125 x 11.73% = 14.66
- 2e slice: (610 - 125) x 10.75% = 52.14
- 3e slice: (1 525 - 610) x 10.26% = 93.88
- 4e tranche: (4 000 - 1 525) x 3.91% = 96.77
This gives a total of: 14.66 + 52.14 + 93.88 + 96.77 = €257.45 (excluding VAT).
You must add a VAT rate of 20% to find out the amount actually due to the Commissioner of Justice.
Rates until 30 April 2024
Up to 188 € recovered
If the amount recovered by the Commissioner of Justice is less than or equal to €188.00, the right of recovery due by the creditor shall be €25.54 (INCLUDING VAT)
More than 188 € recovered
Where the amount recovered by the Commissioner of Justice exceeds €188.00, on right of recovery payable by the creditor shall be calculated as follows:
Slice | Rate |
|---|---|
From 0 to €125 | 11.61% |
More than €125 and up to €610 | 10.64% |
More than €610 and up to €1,525 | 10.16% |
More than €1,525 and up to €52,400 | 3.87% |
More than €52,400 | 2.98% |
You must add a VAT rate of 20% to find out the amount actually owed by the creditor to the Commissioner of Justice.
The Commissioner of Justice cannot charge a fee for right of recovery greater than €5,540.
Example :
For €4,000 retrieved, on right of recovery is:
- 1re slice: 125 x 11.61% = 14.51
- 2e slice: (610 - 125) x 10.64% = 51.60
- 3e slice: (1 525 - 610) x 10.16% = 92.96
- 4e tranche: (4 000 - 1 525) x 3.87% = 95.78
This gives a total of: 14.51 + 51.60 + 92.96 + 95.78 = €254.85 (excluding VAT).
You must add a VAT rate of 20% to find out the amount actually due to the Commissioner of Justice.
Articles A444-31 and A444-32
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National Institute of Consumer Affairs (INC)