"Open up, it's the Commissioner of Justice! This summons can be bloodcurdling. But what can this ministerial officer ? From the right to enter a home to access to bank details, his prerogatives are impressive. These powers are essential to his monopoly missions. However, they remain strictly regulated by law.
Searching for information: extensive investigative powers
The judicial commissioner has a wide range of legal powers to obtain information about a debtor. These powers, defined in articles L.152-1 et seq. of the Code of Civil Enforcement Procedures, enable him to act when the creditor is unable to provide the necessary information.
With which organisations?
The court commissioner may question :
- State, regional, departmental and local authorities
- Companies granted concessions or controlled by these authorities
- Public institutions
- Banking institutions (article L.152-2 of the CPCE)
However, a Court of Cassation ruling of 11 January 2023 (no. 20-23.679) reiterated the limits of this power: a commissioner may not require a notary, who is protected by professional secrecy, to disclose a client's address without an order authorising him to do so.
What information?
The information accessible is limited to :
- The debtor's address
- The identity and address of your employer
- The identity of third-party debtors
- Composition of property assets
The Court of Cassation laid down a strict rule in its ruling of 22 March 2012 (no. 10-25.811): "information obtained by the judicial officer is covered by professional secrecy, even with regard to the principal".. This means that the administrator cannot provide the creditor with details of the bank accounts he has uncovered.
Requisitioning the police: a power under control
The commissioner may encounter difficulties in enforcing an enforcement order. In such cases, article L.153-1 of the CPCE requires the State to provide assistance.
How can I get help from the police?
To request the force publique, the commissioner sends a request to the prefect, accompanied by :
- Enforcement order system
- A statement of the due diligence performed
- A report detailing the difficulties encountered
A right that is not absolute
The Prefect may refuse this assistance on grounds of public order. In this case :
- Reasons must be given for refusal
- If no response is received within two months, this is deemed to be a refusal.
- The commissioner shall inform the creditor of this refusal
The Couitéas ruling (CE, 30 November 1923) established an important principle: the State may refuse to provide assistance for reasons of public order, but must then compensate the creditor for the breach of equality before public charges.
With regard to evictions, article L.431-2 of the CPCE now requires the use of the EXPLOC electronic platform for all requisitions.
Function protection and specific access
Enhanced protection under criminal law
The exercise of the functions of judicial commissioner, governed by a professional organisation and strict disciplinary rulesThis includes special protection under criminal law:
- Threats are punishable by 3 years' imprisonment and a fine of €45,000 (article 433-3 of the Criminal Code).
- Contempt is punishable by one year's imprisonment and a €15,000 fine (article 433-5 of the French Penal Code).
- Rebellion is punishable by two years' imprisonment and a €30,000 fine (articles 433-6 and 433-7 of the Criminal Code).
These protections apply when the commissioner is acting in the performance of his duties and his capacity is apparent or known to the perpetrator.
Privileged access to buildings
Article L.126-14 of the French Code de la construction et de l'habitation (Building and Housing Code) requires owners or trustees to allow commissioners access to the communal areas of apartment blocks.
The procedure is simple but formal:
- The commissioner sends a request for access
- It provides proof of its identity and mission
- The owner or managing agent must provide the means of access within 5 working days.
- The commissioner returns this means of access after his assignment
In addition, commissioners have access to letterboxes under the same conditions as mail delivery agents.
Has your court commissioner exceeded its prerogatives ? Has he breached his confidentiality obligations? Our law firm analyses your file to identify any irregularities. We can challenge abusive actions and protect your rights.
Sources
- Order no. 2016-728 of 2 June 2016 on the status of commissaire de justice, article 1
- Code of civil enforcement procedures, articles L.152-1 to L.152-3 and L.153-1 to L.153-2
- Court of Cassation, 1st Civil Chamber, 22 March 2012, no. 10-25.811
- Court of Cassation, 1st Civil Division, 11 January 2023, No. 20-23.679
- French Construction and Housing Code, article L.126-14
- Criminal Code, articles 433-3, 433-5, 433-6 and 433-7
- Conseil d'État, 30 November 1923, Couitéas, req. no. 38284
EN 
FR