A judicial commissioner, the successor profession to that of judicial officer, may be appointed for the following purposes debt collectionThis applies to both out-of-court and court proceedings. For a full understanding of these developments, consult our guide on the new role and powers of the judicial commissioner. However, an unpaid debt cannot be claimed indefinitely. The law sets strict time limits, known as prescription or foreclosure periods, beyond which the creditor's action is extinguished by extinctive prescription. These time limits vary greatly depending on the nature of the debt and whether or not there is a court order.
The judicial commissioner: what is his role in debt collection?
The judicial commissioner is a public official with a monopoly on enforcing court decisions. His intervention is therefore a key stage in the forced recovery of a debt. In his capacity asexpert execution, its function and its competences have recently evolved with a major reform of the profession.
Reform of the profession: from bailiff to judicial commissioner
The Order of 2 June 2016 merged the professions of bailiff and auctioneer. This reform, fully effective from 1 July 2022, gave rise to the new profession of judicial commissioner. The aim was to rationalise the enforcement professions by creating a single point of contact for litigants, with extensive powers to serve documents, enforce judgements and conduct judicial sales, acting within the framework of a "legal framework". public service.
Diversion of attachment of earnings: a new key jurisdiction
A major change has been introduced by the Ministry of Justice Orientation and Programming Act 2023-2027. From 1 July 2025 at the latest, the procedure seizure of earnings, which until now has been the responsibility of the power of the judge, will be entrusted to the judicial commissioners. The aim of this diversion is to put in place a simplified procedure to speed up the recovery of wage debts. The judicial commissioner will manage the case administratively, under the supervision of the enforcement judge (JEX), who will continue to be the court of first instance. competent court to settle any disputes.
What is the limitation period for enforcement of a debt by a judicial commissioner?
It is essential to distinguish between two time periods: the time period for taking legal action to obtain an order (a writ of execution), and the time period for enforcing that order once it has been obtained. The applicable rules are radically different, and their knowledge is crucial.
The principle: 10 years for enforcement of a court-ordered writ of execution
Once a creditor has obtained a court decision (judgment, order, decree) ordering his debtor to pay, he has a period of ten years to pursue enforcement. This principle is set out in article L. 111-4 of the Code of Civil Enforcement Procedures. The starting point This period does not begin to run until the decision is served on the debtor by a court officer. This is therefore the time available to the professional to implement the seizure and recovery measures. obtain payment.
Interruption and suspension of the limitation period: mechanisms that extend the time limit
The running of the limitation period of ten years can be affected by certain events. It is important to differentiate between interruption and suspension, because their consequence is not the same:
- L'interruption erases the period that has already elapsed and starts a new period of the same duration. It may result from an enforcement act (a summons to pay, a seizure report) or an acknowledgement of debt by the debtor, regardless of the type of debt. document which formalises it.
- La suspension temporarily halts the running of the limitation period without erasing the time that has already elapsed. Once the obstacle has disappeared, the clock starts again from where it left off. Suspension may be caused by law (force majeure) or by a court decision, for example in the context of over-indebtedness proceedings. In the corporate context, it is also crucial to understand the impact of insolvency proceedings on debt collectionbecause specific rules apply and have an impact on the consequence directly on the collection process.
The special case of foreclosure on consumer loans
The foreclosure period is a pre-fixed period, much stricter than the statute of limitations. For consumer credit (or a loan action by the professional to obtain an enforceable title, for example by means of an order for paymentis subject to a limitation period of two years from the date of the first payment incident that has not been rectified (art. L. 218-2 of the French Consumer Code). Unlike the statute of limitations, this period cannot be suspended or interrupted, except by taking legal action. Once this period the debt is time-barred in the eyes of the law, and the creditor can no longer go to court to obtain a judgment. This is a protection essential for the consumer. However, if the creditor has obtained a writ of execution before the two-year period has expired, he will then have 10 years in which to enforce it.
Specific time limits for obtaining an enforceable title, depending on the nature of the debt
Before a court decision is handed down, a creditor's right to claim a debt The right to take legal action is itself subject to limitation periods that vary according to the nature of the claim. This is known as the limitation period.
Claims between a professional and a consumer: 2 years
Under article L. 218-2 of the Consumer Code, the time limit for a professional to take legal action against a consumer is two years. This period applies to many common situations, such as a unpaid invoice telephone, internet, consumer credit, or the purchase of goods and services. The competent court is often the protection litigation.
Rent and service charge debts: 3 years
For rental debts, the lessor has three years in which to claim unpaid rent and service charges from its tenant. This period is set out in article 7-1 of the law of 6 July 1989. It runs from the date ofdue date on which each amount became due.
Claims between traders or between traders and non-traders: 5 years
The limitation period under ordinary law for commercial is five years, in accordance with article L. 110-4 of the French Commercial Code. This period applies to obligations arising in connection with a contract between traders, or between traders and non-traders, which fall within the jurisdiction of the courts. commercial court.
What are the seizure procedures implemented by the judicial commissioner?
Once in possession of a writ of execution, the court commissioner can resort to several enforcement procedures in order to recover the debt. Each has its own specific features.
Attachment: freezing bank accounts
Attachment is the most common procedure. It makes it possible to seize sums of money held by a third party (usually a bank) on behalf of the debtor. The writ of attachment, served on the bank, has an immediate attributive effect: the sums available on the debtor's account are seized. bank account of the debtor are immediately transferred to the assets of the creditor, within the limit of the amount receivable.
Seizure and sale of movable property
The aim of this procedure is to seize movable assets belonging to the debtor (furniture, vehicles, IT equipment) and sell them at public auction. It takes place in two stages: first, the court commissioner draws up an inventory of the assets that can be seized at the time of the auction. home of the debtor. If the debt is not paid within one month, the assets are then sold and the sale price is used to pay off the creditor, after deduction of recovery costs.
Key distinction: precautionary seizure to secure the claim before judgment
Unlike previous seizures, which require a writ of execution, protective seizure is a preventive measure. It can be implemented even before a judgment has been obtained, provided that the judge authorises the seizure. request. Its purpose is not to sell the assets but to make them unavailable ("freeze" the assets) to prevent the debtor from organising his insolvency. The creditor must provide proof a claim that appears to be well-founded. Once the writ of execution has been obtained, this measure must be converted into a final seizure to enable payment to be made.
How can I defend myself and dispute a debt collection request?
Debtors have a number of legal means at their disposal for contesting a debt collection procedure that they consider to be "unfair". abusive or irregular. These disputes are mainly brought before the enforcement judge (JEX).
Challenging the validity of the seizure on the grounds of formal or substantive defects
A writ of seizure must contain a certain number of compulsory items of information, as provided for by law. Code of civil procedure. The omission of any of these details constitutes a formal defect. However, in order for the deed to be declared null and void, the debtor must prove that the irregularity has caused him harm, known as a "grievance". For example, an error in the calculation of the debt that prevents the debtor from know the amount exact to set may constitute a sufficient grievance and a damage certain.
Invoking the manifest disproportionality of the guarantee
When a natural person (the guarantor) has guaranteed the debt of a debtor to a professional creditor (a bank, for example), he or she can invoke the manifest disproportionality of his or her commitment. If, at the time the guarantee was signed, the amount of the guarantee was manifestly excessive in relation to the guarantor's income and assets, the court may reduce the guarantor's commitment. This is an effective defence for the guarantor, often victim an ill-judged commitment, which commits its responsibility personal. Case law (e.g. Cass. Com.) is consistent on this point. To find out more, read our guide on your rights and obligations with regard to surety bonds. For all these complex situations, don't hesitate to ask a legal advice on enforcement procedures.
Referral to the enforcement judge (JEX): the main means of appeal
The Juge de l'Exécution (JEX) is the judge responsible for settling all disputes relating to enforcement. The debtor must apply to the judge by writ of summons to contest the validity of a seizure, request a delay in payment, or put forward a defence such as that the debt is time-barred. This is the main means of recourse for protecting your rights, especially if the amicable collecting has failed and the approach creditor becomes too pressing. This is the best answer to an action that is deemed unfounded.
Managing limitation periods and collection procedures is complex and requires a precise analysis of each situation. Whether you are a creditor or a debtor, the assistance of a lawyer Our expertise in enforcement procedures is crucial to preserving your rights. Solent Avocats can help you analyse the validity of your claim, check the applicable deadlines and implement the most appropriate defence or recovery actions.
Frequently asked questions
What is the statute of limitations on a debt after a judgment?
After a judgment or any other court decision constituting an enforceable title, the creditor has a period of ten years to request enforcement by a court commissioner. Once this period has elapsed, he may no longer demand the settlement.
Does an IOU interrupt the statute of limitations?
Yes, an acknowledgement of debt, even a partial one, made by the debtor interrupts the limitation period. A new period, of the same duration as the previous one, starts to run again from the date of this acknowledgement, which can be made by a simple written document. mail or by a agreement in writing.
What is the credit foreclosure period?
The foreclosure period is a two-year period that applies specifically to consumer credit. It runs from the first unpaid incident and prohibits the creditor from taking legal action to obtain a writ of execution once this period has elapsed.
What is the difference between an attachment order and an attachment order?
The seizure-attribution requires a writ of execution and allows the immediate payment of the creditor by seizing sums of money.silver. Attachment is a preventive measure, taken before judgment with the authorisation of a judge, which makes the debtor's assets unavailable to guarantee future enforcement.
Who is the Enforcement Judge (JEX)?
The Enforcement Judge is a specialised judge of the judicial court with jurisdiction over all disputes (or litigation) relating to the forced execution of a decision. He is the judge in disputes concerning seizures.
Does the judicial commissioner replace the bailiff?
Yes, since 1 July 2022, the profession of judicial commissioner has merged and replaced the professions of bailiff and auctioneer. This new function brings together their former competences.
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