What tariff applies if a bailiff (now called the Commissioner of Justice) is involved in a rental dispute?

Verified 09 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

When a commissioner of justice (formerly bailiff and judicial auctioneer) intervenes in the case of a dispute between a tenant and its owner (lessor), most of its tariffs (called emoluments) are fixed by law. But the rates depend on when the justice commissioner intervenes. Note that in some overseas departments, the VAT rate differs.

The Commissioner of Justice fixed freely its rates for giving advance notice (leave) or a lease renewal.

The basic fare shall be increased, if necessary, by €11.28 (VAT included) or, for meanings done exclusively by email, from €10.56 (VAT included).

Please note

Fees charged by the Commissioner of Justice may be verified free of charge by contacting the secretariat of the competent tribunal, i.e. the tribunal on which the Commissioner of Justice's study depends, or the tribunal which has heard the case.

The cost of setting up a state of play by Commissioner of Justice (rental statement) vary according to the surface area of the housing.

Tableau - Cost of an inventory carried out by the Commissioner of Justice

Housing surface

Price List (VAT included)

Up to 50 m²

€132.82

More than 50 m² and up to 150 m²

€154.74

More than 150 m²

€232.12

€18.06 are invoiced by the letter of invitation of the tenants and the owner.

The basic fare shall be increased, if necessary, by €11.28 (VAT included) or, for meanings done exclusively by email, from €10.56 (VAT included).

Please note

Fees charged by the Commissioner of Justice may be verified free of charge by contacting the secretariat of the competent tribunal, i.e. the tribunal on which the Commissioner of Justice's study depends, or the tribunal which has heard the case.

If the Commissioner of Justice engages the injunction procedure (to obtain the execution of compulsory works, the issuance of receipts, invoices...), the rate is €25.80.

The basic fare shall be increased, if necessary, by €11.28 (VAT included) or, for meanings done exclusively by email, from €10.56 (VAT included).

Please note

Fees charged by the Commissioner of Justice may be verified free of charge by contacting the secretariat of the competent tribunal, i.e. the tribunal on which the Commissioner of Justice's study depends, or the tribunal which has heard the case.

The rates of the Commissioner of Justice depend on the amount of the claim to be recovered.

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Claim up to € 128

Tableau - Fees of the Commissioner of Justice in case of a claim of less than or equal to € 128

Formality

Price List (VAT included)

Compulsory appeal

Clarification

Information of the security deposit and request for payment of rent (summons to pay) after service of an order to pay to the tenant

€15.47

Yes

Command to pay

€15.47

Yes

One right to institute proceedings is due according to the amount to be recovered.

Reporting to Ccapex: titleContent of the order to pay issued

€6.01

Yes

Only certain orders to pay are concerned (depending on the amount or duration of the debt).

Order to pay

€25.80

No (you can to refer the matter to the judge yourself)

The basic fare shall be increased, if necessary, by €11.28 (VAT included) or, for meanings done exclusively by email, from €10.56 (VAT included).

Please note

Fees charged by the Commissioner of Justice may be verified free of charge by contacting the secretariat of the competent tribunal, i.e. the tribunal on which the Commissioner of Justice's study depends, or the tribunal which has heard the case.

Debt exceeding €128 and up to €1,280

Tableau - Fees of the Commissioner of Justice in the event of a claim exceeding € 128 or equal to € 1 280

Formality

Price List (VAT included)

Compulsory appeal

Clarification

Information of the security deposit and request for payment of rent (summons to pay) after service of an order to pay to the tenant

€30.95

Yes

Summons to pay (formal notice)

€30.95

No (a registered letter with acknowledgement of receipt is sufficient)

One right to institute proceedings is due according to the amount to be recovered.

Command to pay

€30.95

Yes

One right to institute proceedings is due according to the amount to be recovered.

Reporting to Ccapex: titleContent of the order to pay issued

€12.02

Yes

Only certain orders to pay are concerned (depending on the amount or duration of the debt).

Order to pay

€25.80

No (you can to refer the matter to the judge yourself)

The basic fare shall be increased, if necessary, by €11.28 (VAT included) or, for meanings done exclusively by email, from €10.56 (VAT included).

Please note

Fees charged by the Commissioner of Justice may be verified free of charge by contacting the secretariat of the competent tribunal, i.e. the tribunal on which the Commissioner of Justice's study depends, or the tribunal which has heard the case.

Debt exceeding €1,280

Tableau - Fees of the Commissioner of Justice in the event of a claim exceeding € 1 280

Formality

Price List (VAT included)

Compulsory appeal

Clarification

Information of the security deposit and request for payment of rent (summons to pay) after service of an order to pay to the tenant

€61.90

Yes

Summons to pay (formal notice)

€30.95

No (a registered letter with acknowledgement of receipt is sufficient)

One right to institute proceedings is due according to the amount to be recovered.

Command to pay

€61.90

Yes

One right to institute proceedings is due according to the amount to be recovered.

Reporting to Ccapex: titleContent of the order to pay issued

€24.05

Yes

Only certain orders to pay are concerned (depending on the amount or duration of the debt).

Order to pay

€25.80

No (you can to refer the matter to the judge yourself)

The basic fare shall be increased, if necessary, by €11.28 (VAT included) or, for meanings done exclusively by email, from €10.56 (VAT included).

Please note

Fees charged by the Commissioner of Justice may be verified free of charge by contacting the secretariat of the competent tribunal, i.e. the tribunal on which the Commissioner of Justice's study depends, or the tribunal which has heard the case.

In deportation proceedings, recourse to the Commissioner of Justice is mandatory.

Its rates are regulated.

Tableau - Fees for actions of a Commissioner of Justice in the context of an expulsion proceeding

Act

Price List (VAT included)

Meaning to the representative of the State of assignment to establish the termination of the lease

€36.11

Command to leave

€32.24

Information to the prefect of the command to leave the premises

€36.11

Minutes (Minutes)

Expulsion CW

€184.40

After 15 minutes, half an hour is charged 90.18. Each additional half hour is due in full

Inventory CW

€68.34

After 30 minutes, half an hour is charged 90.18. Each additional half hour is due in full.

CW of consignment

€45.14

CW of destruction

€29.66

Resumption CW

€184.40

After 15 minutes, half an hour is charged 90.18. Each additional half hour is due in full.

Notification

From eviction ticket (to tenant)

€33.53

From eviction ticket (to collector)

€25.80

The deposit of the proceeds of the sale (to the evicted person)

€12.90

Sealed wrapping of personal documents and papers (to the person being deported)

€12.90

Where the Commissioner of Justice calls a witness, that witness shall be compensated:

  • To be present on the opening of doors and lockable furniture, the witness shall receive €7.92 (or €23.76 if it is a policeman).
  • To help out upon execution of an expulsion order, the witness shall receive €13.20 (or €39.60 if it is a policeman).

Locksmiths, moving and furniture storage are free.

The basic fare shall be increased, if necessary, by €11.28 (VAT included) or, for meanings done exclusively by email, from €10.56 (VAT included).

Please note

Fees charged by the Commissioner of Justice may be verified free of charge by contacting the secretariat of the competent tribunal, i.e. the tribunal on which the Commissioner of Justice's study depends, or the tribunal which has heard the case.

Some documents needed to retrieve a housing abandoned by the tenant, must be made by a Commissioner of Justice.

Tableau - Fees for documents made by a Commissioner of Justice in case of abandonment of the accommodation by the tenant

Document

Price List (VAT included)

Tenant's formal notice to justify occupancy of the home

By separate document

€64.49

Included in a command

€25.74

Finding of abandonment of the premises with inventory of furniture left on site

€68.35

The basic fare shall be increased, if necessary, by €11.28 (VAT included) or, for meanings done exclusively by email, from €10.56 (VAT included).

Please note

Fees charged by the Commissioner of Justice may be verified free of charge by contacting the secretariat of the competent tribunal, i.e. the tribunal on which the Commissioner of Justice's study depends, or the tribunal which has heard the case.

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