How to settle a dispute with a bailiff (now called a commissioner of justice)?

Verified 01 July 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

If you have a dispute with a commissioner of justice (formerly bailiff and judicial auctioneer), the challenge procedure varies depending on the subject of the dispute.

Challenge of an act

If the challenge relates to an act which is directly related to an ongoing trial, it must be brought before the court responsible for the case.

In other cases, the challenge has to be made by subpoena in front of enforcement judge.

Dispute of costs

Examples of charges include travel, advance for taxes and duties owed by the customer, case management.

You must enter in writing the director of court registry services of the court concerned.

After any rectification, the director of court registry services provide you with a certificate of verification to be notified to the Commissioner of Justice, who has one month to challenge it.

If there is no dispute within this period, you can ask the director of court registry services mention this situation on the certificate of verification.

Affixing this notice makes the certificate of verification enforceable, as a court decision.

If the Commissioner of Justice challenges the certificate of verification within one month, the dispute shall be decided by the President of the court concerned or a judge delegated to that effect.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Up to €10,000

You must enter in writing the director of court registry services the court of justice or the local court within the jurisdiction of which the Commissioner of Justice carries out his duties.

Who shall I contact

After any rectification, the director of court registry services give you a certificate of verification to notify to the Commissioner of Justice, who has one month to contest.

If there is no dispute within this period, you can ask the director of court registry services mention this situation on the certificate of verification.

Affixing this notice makes the certificate of verification enforceable, as a court decision.

If the Commissioner of Justice challenges the certificate of verification within one month, the dispute is then decided by the President of the Tribunal or a judge delegated to that effect.

Over €10,000

You must enter in writing the director of court registry services of the judicial tribunal within the jurisdiction of which the Commissioner of Justice shall carry out his duties.

Who shall I contact

After any rectification, the director of court registry services give you a certificate of verification to notify to the Commissioner of Justice, who has one month to contest.

If there is no dispute within this period, you can ask the director of court registry servicesmention this situation on the certificate of verification.

Affixing this notice makes the certificate of verification enforceable, as a court decision.

If the Commissioner of Justice challenges the certificate of verification within one month, the dispute is then decided by the President of the Tribunal or a judge delegated to that effect.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Up to €10,000

You must refer the matter to the judge of the court of justice or of the local court within the jurisdiction of which the Commissioner of Justice performs his duties.

Who shall I contact

Over €10,000

You have to go to the judge of the judicial tribunal within the jurisdiction of which the commissioner of justice is acting.

Who shall I contact

Other litigation

If you want to complain about the behavior of a justice commissioner (lack of response to correspondence, repeated refusal of appointments,...), you can refer in writing to the regional or departmental chamber of justice commissioners.

You can also refer the case to the public prosecutor in writing.

Who shall I contact