What should I do if a bailiff visits me in my absence?

Discovering a notice from a judicial officer in your letterbox or under your door is an experience that legitimately generates anxiety. This situation, which is more common than you might think, gives rise to a cascade of questions: did the judicial officer have the right to enter my home? What can he do in my absence? What are my rights and how should I deal with a bailiff in my absence? The aim of this article is to provide you with a clear answer and guide you towards concrete action to protect your interests.

I. The commissaire de justice: a strict legal framework for any intervention

The intervention of a judicial commissioner in your home never happens by chance. It is part of a precise regulatory framework that defines his powers, but also, and above all, his limits. Understanding this framework is the first step in responding appropriately.

A. The status of judicial commissioner: changes since 2022

Since 1 July 2022, the profession of judicial officer has merged with that of judicial auctioneer to give rise to the single profession of judicial commissioner, which merges the formerly separate professions of judicial officer and judicial auctioneer. This public and ministerial officer has a monopoly on the enforcement of court decisions and enforceable titles. In practical terms, they are the only public service professional authorised by law to compel a person to fulfil his or her obligations. As a ministerial officer, he is obliged to lend his ministry, i.e. to act, whenever he is legally required to do so. To find out more about this subject and fully understand the role and responsibilities of the judicial commissionerIf you would like to find out more about the merger of professions, including the aspects involved, we invite you to consult our detailed guide.

B. Reasons for a visit to your home

The intervention of a judicial commissioner can have several purposes, such as the service of a document (a summons to appear in court, for example) or an enforcement measure. This intervention is often part of a debt recovery process, which may have begun with a formal notice or an amicable collection. For any compulsory enforcement measure, such as a seizure, it is compulsory to have a enforcement order. Article L. 111-3 of the Code of Civil Enforcement Procedures (CPCE) lists these titles, which include in particular :

• Judicial or administrative decisions when they are enforceable (a judgment, an order).
• Notarised deeds bearing the executory clause.
• The document issued by the court commissioner himself in the event of an unpaid cheque.

Without this sesame, no constraint operation on your property can be undertaken. For a more in-depth understanding of different types of intervention and data entry processesOur guide to enforcement procedures will explain the specific features of each procedure.

C. The principle of subsidiarity: protection for small claims

The law protects the debtor's domicile, particularly for small debts. The principle of subsidiarity, set out in article L. 221-2 of the CPCE, is an important guarantee. For a debt (excluding maintenance payments) of less than €535, the court commissioner may only seize your home furniture as a last resort. He must first have tried unsuccessfully to seize your bank account or your wages. This provision is designed to ensure that the enforcement measure is proportionate to the financial stakes involved and to avoid an intrusion into your home for a modest debt if other means of recovery are possible.

D. The Commissioner's investigative powers: direct access to your information

It is important to understand that the Commissaire de Justice has extensive investigative powers to locate the debtor and identify his assets. Articles L. 152-1 and L. 152-2 of the CPCE authorise him to obtain information directly from government departments (tax authorities), départements, municipalities and banks. These bodies may not invoke professional secrecy. This means they can find out your employer's address, the existence of your bank accounts or the composition of your property portfolio. Protecting your privacy is therefore an essential principle, even if institutional third parties are involved. However, this information is strictly confidential: the commissaire de justice may only use it to enforce the title and must under no circumstances disclose it to the creditor or to third parties.

II. Intervention in your absence: the "closed door" procedure

A "closed door" situation is one in which a ministerial officer finds that no-one answers the door. The law strictly regulates the conditions under which he can enter your home.

A. Forced opening of your door: highly controlled conditions

A judicial commissioner cannot simply call in a locksmith to force your door open and enter your home. Before he enters, a strict procedure must be followed. Article L. 142-1 of the CPCE imposes a strict procedure. In your absence, or if you refuse access, the intruder may enter a dwelling only if accompanied by :

• The mayor of the municipality (or a councillor or municipal official delegated by the mayor).
• Or a police or gendarmerie authority.
• Or, failing that, two witnesses of full age, who must be trusted third parties who are not in the service of either the creditor or the court-appointed agent.

Failure to comply with this condition constitutes a violation of the home and invalidates the seizure procedure. In addition, any intervention is prohibited between 9 p.m. and 6 a.m., as well as on Sundays and public holidays, unless expressly authorised by a judge (article L. 141-1 of the CPCE). To find out more your fundamental rights when faced with a bailiff's visit and the safeguards governing access to your home, our dedicated FAQ is a valuable resource.

B. Documents left in the letterbox: delivery notice and service of documents

The document you find is of vital importance. A distinction must be made between a simple notice of visit, which informs you of the attempted visit, and the service of a document. In the latter case, even if you are absent, the document is deemed to have been validly served. Article 656 of the Code of Civil Procedure states that if personal service is impossible, the court commissioner will leave a notice in your letterbox. This document informs the addressee that the copy of the document must be collected from his or her office. This is not the document itself, but an invitation to come and collect it; the law does not oblige him to give you the document in person. This formality, known as "home service", starts the deadlines (for appeals, payment, etc.). The report drawn up by the public official is proof until proven otherwise of the completion of these formalities.

C. What assets cannot be seized during a home seizure?

If the court commissioner seizes your furniture in your absence, he cannot take everything. The law protects every item of furniture and object necessary to the life and work of the debtor and his family. Article R. 112-2 of the CPCE sets out a precise list of unseizable furniture, i.e. goods that cannot be the subject of a forced sale, including :

• Clothing and household linen.
• Bedding.
• Items and products needed for personal care and home maintenance.
• Foodstuffs.
• Heating appliances.
• Table and chairs for communal meals.
• A telephone for access to the landline or mobile telephone service.
• Memories of a personal or family nature.
• The work tools necessary for the personal exercise of the professional activity.

This protection ensures that, even in the event of seizure, you retain the essentials for a dignified life. The purpose of this list is to guarantee the debtor's dignity even after the sale of the seized furniture.

III. What should you do after the bailiff's visit?

The discovery of a transit advice note requires a rapid and considered response. Inaction is the worst strategy, as it can lead to a worsening of the situation and the loss of certain rights.

A. Practical and immediate steps to take

The first and most useful step is not to ignore the situation. Get in touch without delay with the office of the court commissioner whose contact details are given in the notice. This contact is crucial. You need to find out as quickly as possible whether the document is a simple invitation to discuss or a formal summons to pay. Ask about the nature of the document and, if a document has been served, go to the law firm to collect a copy. This will tell you exactly why the action was taken, the identity of the creditor and the amount of the debt claimed. Take the opportunity to check the nature of the debt and whether it is time-barred.

B. Understanding the deadlines for disputing or paying

The nature of the document served determines which time limits start to run. It is essential to identify these in order to act in good time. For example:

• A summons to pay for the purposes of seizure and sale gives you 8 days to make the payment before the furniture is seized and sold.
• A subpoena before a court gives you a hearing date on which you must appear or be represented.
• A order to leave the premises in eviction proceedings, you have two months in which the occupant must vacate the property. If you are faced with an order to vacate, it is also important to consult our detailed article on eviction proceedings and appeal procedures.
• La service of a judgment or an order opens the time limits for lodging an appeal or objection. The starting point for this period is the date on which the document is delivered (or the date on which notice is served).

IV. Challenging a procedure: what are your rights and remedies?

If you believe that the procedure is irregular or that the debt is not due, there are remedies available to you to assert your rights. The assistance of a lawyer is often essential to navigate the complexities of civil enforcement proceedings.

A. Grounds for challenge: formal defects and substantive irregularities

An enforcement procedure may be challenged on grounds of form or substance. Defects of form concern irregularities in the performance of acts: failure to comply with the conditions for forced entry (absence of the required witnesses when the door is opened after it has been found to be closed), compulsory information missing from the seizure report, irregular service of documents. For example, the Court of Cassation has repeatedly pointed out that failure to mention the precise identity and capacity of the persons who assisted the court commissioner may result in the document being declared null and void. Substantive irregularities relate to the very existence of the claim (debt already settled by payment, statute-barred) or to the outcome of an earlier dispute.

B. Bringing a case before the enforcement judge (JEX): how and within what timeframe?

The Enforcement Judge (JEX) is the magistrate of the judicial court (often a specialised civil division) with exclusive jurisdiction to settle difficulties relating to enforceable titles and disputes arising in connection with forced enforcement. Referral to the court, a technical action, is generally made by means of a writ of summons issued by a court commissioner to the opposing party. The time limit for contesting an enforcement measure is often one month from the date of notification of the act (for example, in the case of a seizure of a bank account). It is important to note that although the time limits are strict, the practical time taken to obtain a hearing can vary considerably depending on how busy the courts are, often extending over several months. For detailed information on the procedure for contesting a court decision or bailiff's deed and maximise your chances of success, don't hesitate to consult our guide to appeals.

C. Penalties in the event of misconduct by the commissaire de justice

As a ministerial officer, the judicial commissioner is subject to a strict code of ethics, much more so than a simple collection company attempting to collect debts amicably, and is liable in the event of misconduct. If a prejudicial irregularity is proven, several types of sanctions are possible. In terms of professional ethics, a complaint can be lodged with the Chambre régionale des Commissaires de justice (which succeeded the Chambre des huissiers de justice). On a civil level, an action for damages may be brought before a court of law to obtain compensation for the loss suffered. This liability may arise, for example, in the event of seizure of unseizable assets or failure to comply with procedures for entering the home. This shows that the powers of the judicial commissioner, while significant, are exercised under strict control.

Receiving a deed from a judicial commissioner in his absence is a destabilising situation, but one that is governed by protective formalities. The key is to react swiftly, to find out exactly what is going on so that you can see the situation more clearly, and not to hesitate to seek assistance to challenge any irregularities. Our firm is at your disposal to analyse your situation and advise you on the steps to take.

Sources

• Code des procédures civiles d'exécution (CPCE), in particular articles L. 111-1 to L. 111-7, L. 122-1, L. 141-1, L. 142-1, L. 152-1, L. 152-2, L. 221-2, R. 112-2.
• Code of Judicial Organisation (COJ), in particular article L. 213-6 on the jurisdiction of the Enforcement Judge.
• Code of Civil Procedure (CPC), in particular article 656.
• Penal Code, for aspects relating to trespassing.
• Order no. 2016-728 of 2 June 2016 reforming the status of commissaire de justice.