The judicial commissioner, a profession born of the merger between the judicial officer and the judicial auctioneer, is a central and often feared player in the French legal system. They are responsible for enforcing court rulings and collecting debts. Yet his status, the extent of his powers and the strict limits that govern them remain largely unknown. Given the complexity of these procedures and the reforms that are transforming their role, particularly with regard to the seizure of wages, it is essential to understand their remit if you are to assert your rights. To navigate these procedures, the assistance of a lawyer with expertise in enforcement procedures may be essential to defend your interests.
Definition and status of the commissaire de justice: a profession undergoing profound change
The figure of the judicial commissioner is the result of a desire to modernise the regulated legal professions. His status and duties are the result of legislative changes aimed at creating a large, versatile public enforcement officer at the heart of civil proceedings.
From bailiff to judicial commissioner: a legislative change
The Order of 2 June 2016 sealed the merger between the professions of bailiff and auctioneer, giving rise to the single profession of judicial commissioner. This new profession, which results from the merger of activities, became fully effective on 1 July 2022 and aims to rationalise and strengthen the enforcement professions. The judicial commissioner, formerly a judicial officer, retains his status as a public and ministerial officer. This means that they hold an office conferred by the State, under the authority of the Keeper of the Seals, Minister of Justice, and have a monopoly on performing certain acts in the name of the law.
The general framework for the intervention of the judicial commissioner
Acting as the creditor's agent, the judicial representative is entrusted with a public service mission. He is responsible for conducting enforcement operations, from the service of documents to the actual implementation of seizure or eviction measures. His intervention is at the heart of civil enforcement proceduresThese regulations govern all forced legal collection measures. Although they act on behalf of their clients, they are not their agents and incur their own professional liability for any faults committed in the course of their work.
The court commissioner's monopoly on enforcement proceedings
The law gives the judicial commissioner exclusive powers to implement enforcement measures. This monopoly is the cornerstone of his status and guarantees uniform and controlled application of the law throughout the country.
Nature and scope of the monopoly
Article L. 122-1 of the French Code of Civil Enforcement Procedures states that only judicial representatives may carry out forced execution and protective seizures. This exclusive right covers a wide range of actions, including civil enforcement procedures such as seizure-attribution, which enables the debtor's claims to be seized directly from a third party (e.g. a bank), or the auction of seized goods. The monopoly extends from the simple service of a writ to the actual seizure of movable property or eviction.
Derogations from the monopoly: notable exceptions
There are a few exceptions to this principle of monopoly. Some public officials have enforcement powers to recover specific public debts. This is particularly true of Treasury accountants, who can issue third-party notices, a specific procedure that does not fall within the remit of the Commissioner. However, these exceptions are limited to specific areas and do not call into question the general powers of the judicial commissioner in civil and commercial matters.
Obligation to intervene and its restrictions
In return for his monopoly, the commissaire de justice is obliged to provide assistance whenever required. He may refuse to perform this public service task only on legitimate grounds, expressly provided for by law. Such grounds include the unlawful nature of the measure requested or a situation where the costs of prosecution would clearly exceed the amount of the debt to be recovered. Restrictions also apply in the event of a family relationship or alliance with one of the parties, in order to guarantee its impartiality.
Powers of intervention of the judicial commissioner and their limits
To carry out his mission, the judicial commissioner has important prerogatives, the use of which is strictly regulated by law in order to protect the debtor's fundamental rights, in particular respect for privacy and the inviolability of the home.
Searching for information and requisitioning the forces of law and order
In order to locate a debtor or to identify the debtor's assets following a search, the court commissioner, armed with a writ of execution, may question government departments, local authorities or banking institutions directly. These bodies are obliged to provide information such as the debtor's address, the identity of his employer or the list of bank accounts held. In addition, if the debtor or a third party resists physically, the debt collector may request the assistance of the police to carry out his task.
Access to the debtor's home: conditions and guarantees
Entering a dwelling is one of the most restricted prerogatives. Except in specific cases, the court-appointed agent may only enter upon presentation of a writ of execution and after a summons to pay has remained without effect for eight days. If the debtor is absent or refuses access, the intervention may only take place in the presence of the mayor, a local councillor or a police or gendarmerie officer, in accordance with article L. 142-1 of the Code of Civil Enforcement Procedures. Failing this, two witnesses of full age who are not in the service of either the creditor or the commissioner must attend the operation and the inventory of assets. These safeguards are designed to prevent any abuse and ensure that the intrusion into the home remains proportionate and justified.
Referral to the enforcement judge (JEX) by the judicial commissioner
The commissaire de justice is not a judge. When he encounters a legal or material difficulty that hinders enforcement, he cannot resolve it himself. He must then draw up a statement of difficulties and may initiate a procedure of referral to the JEXThis procedure ensures that any serious dispute is examined by a judge, thereby ensuring respect for the adversarial process and the rights of the defence. This procedure guarantees that any serious dispute will be examined by a judge, thereby ensuring that the adversarial process and the rights of the defence are respected.
Reforms to the seizure of remuneration (L. 2023-1059): an enhanced role for the judicial representative
A major reform, effective from 1 July 2025, will radically change the procedure for seizing remuneration. The Minister of Justice wanted this reform to divert a large part of the process from the courts and to give a central role to the judicial commissioner, with the aim of speeding up and simplifying debt recovery.
Diversion and the role of the distributing court commissioner
Currently managed by the court clerk's office, the wage attachment procedure will be entirely entrusted to the judicial commissioners. The reform introduces the figure of the "commissaire de justice répartiteur". Appointed by the Chambre Nationale des Commissaires de Justice (CNCJ) on a rotating basis, he or she will be responsible for receiving the funds seized from the employer and distributing them among the various creditors. The aim of this change is to relieve congestion in the district courts and make the procedure more efficient.
The digital register of seizures: a modernisation tool
To ensure the transparency and coordination of these measures, a national digital register of wage seizures will be created and will be available for consultation online. All new seizures will have to be entered on the register on the same day or the first working day thereafter, failing which they will lapse. This tool, which will be managed by the CNCJ, will enable all parties involved to have a clear view of the procedures underway for the same debtor, avoid disorganised competing seizures and guarantee a fair distribution of funds.
Seizure procedure and conditions of intervention
The new procedure will begin with the service of a summons to pay on the debtor. The debtor will have a period of one month in which to settle his debt or notify the court commissioner of his wish to reach an amicable agreement with the creditor. Only in the absence of payment or agreement will the seizure be notified to the employer. The debtor will still be able to contest the measure at any time before the enforcement judge, particularly if he considers the claim to be unfounded.
Management and distribution of seized funds
Once the writ of attachment has been served, the employer, as the garnishee, will be obliged to pay the garnishable portion of the salary to the distributing court commissioner on a monthly basis. If there is only one creditor, the funds will be paid directly to that creditor. If there is more than one creditor, the apportionment commissioner will draw up a proposed apportionment, which will be notified to them. The seizure will be released once the debt has been fully extinguished, either by a court order or by agreement of the creditors.
The role of the court-appointed representative in personal over-indebtedness proceedings
The judicial commissioner also acts in the context of the handling over-indebtednessThis is an approach designed to offer solutions to individuals who are unable to meet their non-business debts.
Personal over-indebtedness: eligibility and procedures
The over-indebtedness procedure is open to individuals acting in good faith who find it manifestly impossible to repay all their non-business debts. The procedure begins with the submission of an application to the over-indebtedness commission, which is managed by the Banque de France. The commission's task is to examine whether the case is admissible and to seek amicable solutions or to direct the case towards more restrictive measures.
Personal recovery: a 'second chance
When the debtor's financial situation is deemed to be "irremediably compromised", i.e. there is no hope of an improvement that would allow even partial repayment of debts, a personal recovery procedure may be initiated. This can take two forms: without judicial liquidation, if the debtor has no assets of value, or with judicial liquidation, if assets can be sold. In both cases, the procedure results in the debt being written off, giving the debtor a fresh start.
The relationship between the commission, the judge and the judicial commissioner
The over-indebtedness commission plays a central guidance role. If personal recovery with liquidation is necessary, it refers the matter to the competent judge. The judge then supervises the procedure and may appoint an agent or liquidator to realise the debtor's assets. The court commissioner may be appointed to perform these functions, putting his expertise in the execution and sale of assets, particularly real estate, at the service of these collective proceedings.
Managing bank account seizures: a focus on couples
One of the most common interventions is the attachment of bank accountsThis procedure raises complex issues, particularly when it concerns accounts held by couples.
General principles of distraint
Attachment is a procedure that allows a creditor to obtain payment directly from a third party who owes money to the debtor. This third party is usually a bank. The seizure deed, served by the court commissioner on the bank, has the effect of making the credit balance of the account unavailable and immediately allocating it to the seizing creditor, subject to any disputes by the debtor.
Joint accounts and matrimonial property regimes: a specific analysis
For couples married under the joint property regime, funds deposited in a joint account are presumed to be held jointly. In the event of a "household" debt contracted for the upkeep of the household, the joint and several liability of the spouses applies and the creditor may seize the entire balance. However, in the case of a personal debt owed by just one spouse (such as a loan taken out without the agreement of the other), article 1415 of the Civil Code limits the creditor's lien to the debtor spouse's own property and income. Case law has specified that if the joint account is funded by the income of both spouses, it is up to the creditor to prove which part of the funds corresponds to the debtor's personal income. If this cannot be done, the seizure may be annulled.
Specificities of unmarried couples (PACS and cohabitation)
PACS partners are legally jointly liable for debts incurred for day-to-day living. The rules applicable to the seizure of a joint account are therefore similar to those for married couples for this type of debt. The situation is different for cohabitees: there is no legal joint and several liability. A creditor of a cohabiting partner can only seize that part of the funds belonging to him or her in the joint account. In the absence of proof to the contrary, the funds are presumed to belong equally to each account holder.
The professional liability of the commissaire de justice
As a public and ministerial officer, the commissaire de justice is subject to a strict code of ethics. professional liability regime This is a strict right of appeal in the event of misconduct in the exercise of the ministry.
General principles of civil liability
The commissaire de justice is liable for any faults, negligence or errors he commits in the performance of his duties. If such misconduct causes harm to the creditor (for example, by allowing a claim to lapse) or the debtor (by seizing assets that cannot be seized), he may be held civilly liable. Claims for damages fall within the jurisdiction of the enforcement judge.
Criminal law protection and limits of intervention
In the performance of their duties, judicial commissioners enjoy criminal protection. Any act of violence, contempt or rebellion against them is severely punished. This protection is the counterpart of his extensive powers. However, his action is strictly limited by the enforcement order he issues. He cannot grant payment deadlines on his own initiative, nor can he choose not to enforce a court order. His mission is to enforce, not to judge.
The complexity of enforcement procedures and the constant reforms in the profession of judicial commissioner often make legal assistance necessary. To secure your rights, whether you are a creditor or a debtor, the assistance of a lawyer who is an expert in enforcement procedures is a guarantee that your interests will be defended. Don't hesitate to consult the resources available on our site for more information.
Sources
- Code of civil enforcement procedures
- Code of judicial organisation
- Labour Code (concerning attachment of earnings)
- Consumer Code (concerning over-indebtedness)
- Civil Code (concerning matrimonial property regimes and joint and several liability for debts)
- Order no. 2016-728 of 2 June 2016 on the status of judicial commissioners
- Law no. 2023-1059 of 20 November 2023 on the orientation and programming of the Ministry of Justice 2023-2027
- Official website of the National Chamber of Judicial Commissioners (CNCJ)
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