A debtor who will not pay despite reminders. A signed contract, an unpaid invoice, a defaulting loan. The question arises systematically: what can actually be done? The answer is three words: obtain a title. Without an enforceable title (titre exécutoire), the judicial officer (commissaire de justice) can seize nothing – neither the bank account, nor the salary, nor the property. With one, enforcement becomes possible against the debtor’s entire seizable estate.
Article L. 111-1 of the Code des procédures civiles d’execution (CPCE) states the principle: any creditor holding an enforceable title evidencing a liquidated and due claim may pursue enforcement against the debtor’s assets. This guide covers the full subject – types of titles, conditions of validity, lifespan, grounds of invalidity, challenge before the enforcement judge – from both creditor and debtor perspectives.
Definition: what is an enforceable title?
An enforceable title is a legal instrument evidencing a claim and enabling the creditor to pursue enforcement against the debtor’s assets, under the conditions specific to each enforcement measure. It carries both proof of the claim and authorisation to resort to compulsion.
The definition imposes two cumulative requirements. First, the claim evidenced must be certain (existing), liquidated (quantified or quantifiable), and due (its term expired). A loan whose instalments have not yet been accelerated is not due – and cannot found a seizure, even if the creditor holds a title. Second, the title itself must satisfy the formal conditions imposed by law.
The enforcement formula: conditio sine qua non
Article 502 of the Code of Civil Procedure is clear: no judgment or deed may be enforced except upon presentation of an authenticated copy bearing the enforcement formula (formule executoire). This formula is a solemn statement by which the French Republic mandates and orders judicial officers and the public force to lend their assistance to enforcement.
The enforcement formula is applied, as the case may be, by the court registry (greffe) that rendered the decision, or by the notary who drew up the deed. It appears on the enforceable copy (copie executoire or grosse) of the title.
Prior service of judgments
For court decisions, an additional formality is required. Article 503 CPC provides that judgments may only be enforced against those to whom they have been notified. Service by judicial officer is therefore a mandatory prerequisite to enforcement – unless the debtor complies voluntarily.
Since Decree No. 2019-1333 of 11 December 2019 (applicable to proceedings commenced from 1 January 2020), first-instance judgments are enforceable by right on a provisional basis. Appeal is no longer, in principle, suspensive. This reform of provisional enforcement profoundly changed the urgency with which condemned debtors must react.
The seven categories of enforceable titles (Art. L.111-3 CPCE)
The list is exhaustive. Enforcement may only be pursued on the basis of an instrument falling within one of the seven categories of Article L.111-3 CPCE. No private document – however clear, however signed – permits seizure without judicial or notarial intervention.
1. Court decisions and judicial agreements
This is the most common category. It includes decisions of civil and administrative courts having enforcement force – judgments, orders, rulings – as well as agreements to which courts have conferred enforcement force (homologated mediations, conciliations, participatory agreements).
2. Foreign judgments and arbitral awards
Foreign judgments and arbitral awards must have been declared enforceable by a decision not subject to a suspensive remedy (exequatur procedure). For intra-EU civil and commercial decisions, the Brussels I bis Regulation (No. 1215/2012) abolished exequatur and permits direct enforcement.
3. Conciliation records
Extracts of conciliation records signed by the judge and the parties have enforcement force.
4. Notarial deeds
Notarial deeds bearing the enforcement formula constitute enforceable titles of the first order. A mortgage loan, a private loan, or an acknowledgment of debt executed before a notary permits the creditor to seize directly without returning to court. The enforceable copy (grosse) delivered by the notary serves directly for enforcement.
Since 2017, a no-fault divorce agreement by private deed countersigned by lawyers, deposited with a notary, also constitutes an enforceable title (Art. L.111-3, 4 bis CPCE).
5. Titles issued by the judicial officer
Since the 2022 reform, judicial officers may issue two specific types of enforceable title:
The certificate of non-payment of a cheque: after two unsuccessful presentations, with notification to the drawer and expiry of 15 days without regularisation, this certificate becomes enforceable (Art. L.131-73 of the Monetary and Financial Code) – without any court involvement.
The simplified recovery procedure (PSR, Art. L.125-1 CPCE): for contractual claims under 5,000 euros, the judicial officer may propose an amicable procedure. If the debtor accepts the amount, the signed agreement becomes enforceable – a fast and inexpensive route for small amounts.
6. Titles of public law entities
The administration holds the privilege of prior decision: it may issue enforceable titles without recourse to a judge. These include tax recovery notices, revenue orders issued by local authorities, social security contribution orders.
7. Agreements made enforceable by the registry
Since 1 January 2022 (Law No. 2021-1729 of 22 December 2021), mediation, conciliation or participatory procedure agreements countersigned by each party’s lawyer may be rendered enforceable by the tribunal judiciaire registry without judicial intervention (Art. L.111-3, 7 CPCE).
| Category | Examples | Limitation | Challenge |
|---|---|---|---|
| 1. Court decisions | Judgment, order, homologated agreement | 10 years (Art. L.111-4 CPCE) | JEX – interpretation and limitation only |
| 2. Foreign/arbitral | Exequatured foreign decision, ICC award | 10 years | JEX or administrative judge |
| 3. Conciliation records | Agreement before conciliator | 10 years | JEX |
| 4. Notarial deeds | Notarial loan, notarial acknowledgment of debt | Limitation of the claim (2 or 5 years) | JEX – verification of claim validity |
| 5. Judicial officer titles | PSR up to 5,000 euros, cheque certificate | Limitation of the claim | JEX |
| 6. Public law titles | Tax recovery notice, URSSAF order | Variable | Administrative judge |
| 7. Registry-certified agreements | Lawyer-countersigned mediation agreement | Limitation of the claim | JEX |
How to obtain an enforceable title
Several routes lead to a title, depending on the nature of the claim, its amount, and the likely degree of challenge.
Payment order (injonction de payer): The ex parte route. The creditor applies to the competent court without the debtor being summoned. If the claim is sufficiently established, the judge issues a payment order. This must be served on the debtor within 6 months; otherwise it lapses. Once served, the debtor has one month to file an opposition. Without opposition, the order is declared enforceable.
Summary proceedings for provisional payment (refere-provision): Suited to urgent situations or claims not seriously contestable. The summary judge may grant a provisional payment. The title obtained is immediately enforceable but remains provisional.
Proceedings on the merits (assignation au fond): Leading to a definitive judgment after contradictory debate. Longer and more costly, it is necessary when the claim is contested or when the creditor needs a title opening all enforcement routes, including foreclosure.
Notarial deed: Avoids judicial proceedings if the parties agree to execute their agreement before a notary. A notarial loan constitutes an enforceable title from signature.
Simplified recovery procedure (PSR): For contractual claims under 5,000 euros. The judicial officer contacts the debtor proposing an agreement on the amount owed. If the debtor accepts, the signed agreement immediately becomes enforceable.
Lifespan and limitation of the enforceable title
An enforceable title does not last forever. The law fixes periods beyond which it can no longer be implemented – and these differ by category.
Ten years for court decisions and assimilated titles
Article L.111-4 CPCE states the rule: enforcement of titles falling within categories 1 to 3 of Article L.111-3 may only be pursued for ten years. After this period, the title loses its capacity to found a seizure.
This ten-year period does not extend to other categories. A notarial deed evidencing a consumer credit is subject to the 2-year limitation of Article L.218-2 of the Consumer Code. A professional loan: 5 years (Art. L.110-4 Commercial Code). It is the nature of the claim that determines limitation, not the form of the title.
Common confusion: Many creditors believe all their enforceable titles last 10 years. This is incorrect. The 10-year period (Art. L.111-4 CPCE) covers only court decisions, exequatured foreign judgments and conciliation records. For notarial deeds, the limitation is that of the underlying claim – often 2 or 5 years.
Interrupting limitation: acts that restart the clock
Limitation may be interrupted, starting a new period of identical length from the interrupting act.
Garnishment (saisie-attribution) interrupts limitation, and this interrupting effect continues until actual payment by the third-party debtor. A new ten-year period restarts from payment (Cass. 2nd civ., 10 Jan. 2019, No. 16-24.742). A creditor who regularly practices garnishments can maintain the title alive indefinitely.
If a foreclosure payment order is annulled, the annulment deprives the act of its interrupting effect – limitation was never interrupted (Cass. 2nd civ., 1 March 2018, No. 16-25.746).
Exception: periodic claims
The 10-year period of Article L.111-4 concerns enforcement of the title itself. It does not apply to periodic claims arising under that title – rent, interest, maintenance payments fixed by judgment (Advisory Opinion, Cass., 4 Jul. 2016, No. 16-70.004). A divorce judgment fixing maintenance remains enforceable for future instalments even if the title is over ten years old.
When an enforceable title becomes invalid
The validity of an enforceable title may be challenged on various grounds:
- Absence of enforcement formula (Art. 502 CPC) – except by statutory derogation
- Failure of prior service of a court decision (Art. 503 CPC)
- Limitation of the title – expiry of the 10-year period or limitation of the claim
- Defect of authentication of a notarial deed
- Absence of a certain, liquidated and due claim
- Irregularity in issuance of the title
- Unfair terms in the underlying contract – an imprescriptible ground, which may be raised ex officio
Substantive irregularities and formal defects: two distinct regimes
Substantive irregularities concern the substance of the right pursued: absence of a claim, lack of capacity, time-barred claim. Nullity may be pronounced without the debtor demonstrating particular prejudice.
Formal defects concern breaches of procedural rules: omission of a mandatory particular in a payment order, service error. For a formal defect to result in nullity, the debtor must demonstrate that the irregularity caused prejudice (grief).
Unfair terms: a ground of formidable scope
In consumer law, one of the most powerful avenues of challenge rests on the imprescriptibility of unfair terms. Settled case law, derived from EU law, requires the national judge to examine at any time whether contract terms concluded with a consumer may be unfair. This protection enables the enforcement judge to review the validity of the contract underlying the title – even if a prior court decision has acquired res judicata, provided the unfairness issue was never determined.
Challenging an enforceable title before the enforcement judge
All challenges relating to an enforceable title or enforcement measure fall within the exclusive and public policy jurisdiction of the enforcement judge (JEX) within the tribunal judiciaire (Art. L.213-6 of the Code of Judicial Organisation).
The JEX’s powers: what it can and cannot do
Facing a court decision, the JEX may not modify the operative part nor suspend enforcement. It may, however, interpret the title’s meaning, verify its enforceability, and rule on limitation.
Facing a non-judicial title – notarial deed, judicial officer certificate, public law title – the JEX has broader powers. It may verify that issuance conditions were met, that the claim is certain, liquidated and due, and pronounce nullity of the enforcement measure if these conditions are lacking.
Time limits and forms of challenge
For a garnishment, the debtor has one month from notification to bring a challenge by summons before the JEX. The summons must be notified the same day to the judicial officer who carried out the seizure. After one month without challenge, payment to the creditor is final.
Remedies and stay of execution
JEX decisions are subject to appeal within fifteen days (Art. R.121-20 CPCE). Appeal is not suspensive. To stay enforcement pending appeal, the appellant must apply to the First President of the Court of Appeal demonstrating serious grounds for reversal.
The European Enforcement Order for cross-border creditors
Is your debtor established in Germany, Italy or Spain? Regulation (EC) No. 805/2004 of 21 April 2004 created the European Enforcement Order (EEO) to enable circulation of a court decision or authentic instrument relating to an uncontested claim across the European area, without exequatur proceedings in each Member State (except Denmark).
The EEO functions as a certificate issued by the court of origin using a standard form. In France, the application is addressed to the judge who rendered the decision (Art. 509-1 CPC).
The central condition: an uncontested claim
The abolition of exequatur rests on a counterpart: the claim must be “uncontested”. Article 3(1) of the Regulation enumerates four situations where this condition is satisfied: express acknowledgment by the debtor, failure to object within procedural deadlines, failure to appear after initial objection, recognition in an authentic instrument.
Decisive advantage over Brussels I bis
Since the entry into force of Brussels I bis, exequatur is generally abolished for intra-EU civil and commercial decisions. The EEO’s residual utility lies in the grounds for refusal of enforcement: Brussels I bis provides relatively broad grounds (public policy, defence rights, incompatibility with a prior decision). The EEO knows only one ground for refusal in the State of enforcement – incompatibility with a prior decision (Art. 21 of Regulation 805/2004). This limitation of remedies offers the creditor significantly greater certainty where the risk of challenge in the enforcement State is high.