Enforcement of a judgment of the civil court 

Verified 24 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)

A judgment has been handed down by a civil court and you want the decision taken by the court to be enforced, that is to say, enforced? We'll explain the procedure.

A court decision brings a conflict to a definitive end. The decision taken by the judge can therefore be applied by the parts including the use of coercion. That's what we call it execute a court order.

A judgment is enforceable from the moment when it becomes final, i.e. when none of the means of appeal ordinary (such as the appeal) was not exercised.

In order to have final enforceability, the judgment must have been notified.

In principle, decisions may be implemented as soon as they are delivered. They are provisionally enforceable by law.

There are exceptions to this principle:

  • The law may provide that the decision is not enforceable by law
  • The judge may decide that its judgment will not be provisionally enforced

Provisional enforcement of law

Provisional enforcement concerns the whole of civil judgments (judgment of the family judge, the court, etc.).

You can enforce your judgment as soon as it is delivered and notified and that it mentions the enforcement order.

Execution can take place even if the time-limits for bringing proceedings have not expired or if your opponent has appealed.

FYI  

in the event of an appeal, the party against whom the decision is enforced may apply to the first president of the court of appeal for suspension of provisional enforcement. It must have a serious reason. This is the case, for example, if the execution risks causing manifestly excessive consequences (e.g. destruction of an asset, endangering the financial situation of the debtor).

Exceptions provided for by law

Judgments given in certain matters shall not be subject to provisional enforcement.

Your judgment can only be enforced if it is definitive and time limits for appeals (appeal) expired.

This concerns the following decisions:

  • Decisions on nationality
  • Decisions concerning the rectification or annulment of civil status documents
  • Decisions on the choice of the given name on the declaration of birth
  • Decisions on applications for a change of surname or given names
  • Decisions on applications for changes of sex in civil status documents
  • Decisions declaring the absence of a person
  • Decisions on the parentage and to subsidies
  • Decisions on adoption
  • Decisions pronouncing divorce or legal separation

In these cases, if an appeal is made, the judge suspends the execution of the judgment.

Exceptions ordered by the judge

The judge may order only a decision is not fully enforceable.

This decision may be taken on his own initiative if he considers that provisional execution is inconsistent with the nature of the case or has excessive consequences.

The parties may also ask the court to dismiss the provisional execution. The judge must then specifically motivate its decision, i.e. it must explain why the decision will not be enforceable until it is final.

FYI  

it is possible to ask the first president of the court of appeal for provisional enforcement of a decision if it does not risk causing manifestly excessive consequences (for example, loss of property, endangering the debtor's financial situation).

The enforcement of a judgment may be voluntary.

In the absence of voluntary execution, you can proceed to enforcement of the decision.

Warning  

if the decision has been enforced and the court of appeal amends that decision on appeal, it has to go back to the previous situation. You may have to pay back the money you earned in the first instance.

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Voluntary execution

The parties may to agree amicably to voluntarily execute the judgment

The debtor settles the sums due spontaneously or on request of the creditor.

In this case, it is not not necessary that the decision be notified to the debtor.

If you're represented by lawyers, they can act as intermediaries.

Enforcement

In the absence of voluntary execution, you can proceed to enforcement of the decision.

To implement the decision, it is necessary to:

  1. Have the certified true copy of the decision on which the enforcement order.
    You can obtain this binding copy to the registry of the court that issued the decision. Each part may obtain an enforceable copy.
    It is possible to obtain a second binding copy with the Registry for a legitimate reason (e.g. loss of the document, multiple debtors).
    In case of difficulty to obtain this copy, you can to refer the matter to the president of the general court by request.
  2. Having notified the decision to the debtor.
    If the decision has been notified by the Registry, you must obtain an enforceable copy stating the dates of such notification.
    In any case, the decision may be notified by significance to your opponent.
  3. Appeal to a Commissioner of Justice
    The judgment specifies who is sentenced to pay the costs, i.e. at the expense of the procedure. The cost of the commissioner of justice is charged to of the party ordered to pay the costs.
    In the case of a debt, the creditor must pay collection rights to the commissioner of justice.

FYI  

you can benefit from legal aid to serve and enforce a court order.

You have 10 years to enforce the judgment.

After this period, the enforcement is no longer possible.

This period may be interrupted by an act of enforcement (for example, bank attachment, seizure and sale of property). In that case, a further period of 10 years shall begin to run.

In case of execution difficulties, you can to bring proceedings before the judge for enforcement that you are debtor or creditor.

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You're a creditor

If you have a favorable decision and you have difficulties in enforcing it, you can enter the enforcement judge.

This is the case when the convicted person does not execute the decision or that the execution causes you harm (material, financial...).

Then you can ask compensation for such damage or obtain a penalty payment, a measure conservatory, a attachment on remuneration.

You are a debtor

You can file an application with the enforcement judge if you challenge a measure of enforcement (a bank account seizure, a seizure of furniture, etc).

The enforcement judge may grant payment deadlines or a debt rescheduling.

It may also grant time-limits in the event of of expulsion.

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