Unpaid maintenance: what is the "direct payment" procedure?

Verified 18 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

In the case of unpaid maintenance, the creditor may use the direct payment to get payment from of a third party (employer, bank...) of sums intended for the debtor and seizable. The creditor may initiate such proceedings as soon as 1er payment does not take place on the scheduled date (only 1 day late is required). We'll explain.

The creditor must have a document (court decision or immediately enforceable agreement) setting maintenance.

The creditor may initiate such proceedings as from 1er unpaid (only 1 day late is enough).

FYI  

The direct payment procedure shall apply to unpaid payments of the 6 months preceding the notification of proceedings, and to all future unpaid debts.

The creditor who bad faith, shall make use of the direct payment may be ordered by the court to pay a civil fine of up to €10,000.

The procedure consists of several steps:

1. The creditor shall have recourse to a Commissioner of Justice

The creditor must address a Commissioner of Justice (formerly bailiff and judicial auctioneer) of his place of residence and provide him with the following documents or information:

  • Original of the judgment or maintenance agreement
  • Determination of sums due
  • All information concerning the debtor (identity, domicile, address of the employer, registration with Social Security)

Within 8 days, the Commissioner of Justice notify to one third, by registered letter with acknowledgement of receipt, the procedure for direct payment. The letter shall contain the following information:

  • Indication of the name and domicile of the debtor
  • The enunciation of the enforceable title
  • The statement of the sums due
  • Recall of the provisions of Article L. 213-2 the Code of Civil Enforcement Procedures.

Simultaneously, the Commissioner of Justice inform the debtor, by registered letter with acknowledgement of receipt. The letter shall contain the following elements:

  • The direct payment request
  • The statement of sums due in principal, interest and expenses
  • Recall of the provisions of Article R. 213-6 the Code of Civil Enforcement Procedures.

Where the creditor does not know the address of the debtor or that of his employer, the Commissioner of Justice shall contact the bodies required to inform him within the same period. These include tax administration, social security, national irregular check register.

FYI  

The costs of the proceedings shall be borne by the debtor. No advance may be applied to the recipient of maintenance.

2. The third party shall submit its reply

The third party may be either the employer of the debtoror one of the depositaries of its funds (e.g. its bank).

Within 8 days of notification of the procedure for direct payment, the third party must acknowledge receipt of the request to the Commissioner of Justice and indicate in writing whether or not he is in a position to comply with the request for direct payment.

3. The third party shall make the payment

The third party that is able to repay the creditor, shall establish the procedure for direct payment. If he does not 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 recurrence).

The third party does not have to pay the creditor the sums due to him in one single installment. The payment is spread out in 12 monthly installments of an equal amount.

The procedure for the direct payment of maintenance may be contested by the debtor maintenance before the enforcement judge of the court on which his domicile depends.

Who shall I contact

FYI  

As long as enforcement judge has not given its decision, the third party who received the notice of direct payment must continue to pay.

The procedure for direct payment ends when the Commissioner of Justice of Canada creditor in notify to one third of the release by registered letter with acknowledgement of receipt.

It may also terminate at the request of the debtor, by means of a certificate issued by a Commissioner of Justice. This certificate must:

  • Either certify that maintenance is abolished by a new judgment or agreement
  • Declare that maintenance is no longer payable.

Who can help me?

Find who can answer your questions in your region