"How much will it cost me? This is a legitimate question to ask yourself before appointing a judicial commissioner. Created by the merger of the professions of bailiff and auctioneerThe new entity has inherited a specific pricing structure, particularly for regulated services. The complexity of the pricing system is a cause for concern. Between regulated tariffs, proportional rights and free fees, how do you find your way around?
General pricing principles
The remuneration of the commissaire de justice is governed by a strict framework. The system distinguishes between two types of remuneration:
- The emoluments regulated tariffs for monopoly activities (service of documents, enforcement, etc.)
- The fees free remuneration for competitive activities (out-of-court debt collection, statements of facts, etc.)
This distinction is based on Article L. 444-1 of the French Commercial Code: "Services provided by professionals in competition with services provided by other professionals that are not subject to a tariff are not subject to a regulated tariff.
Fees must be posted. The commissaire de justice must display his fees in a visible place in his office and on his website (article L. 444-4 of the French Commercial Code). Failure to comply with this requirement may result in an administrative fine of up to €15,000 for a legal entity.
Cost structure
Fixed fees
The fixed emoluments vary depending on the nature of the deed. They are listed in articles A. 444-11 et seq. of the French Commercial Code.
Article A. 444-46 of the French Commercial Code provides for a system of multiplying factors:
- 0.5 for bonds of €128 or less
- 1 for bonds between €128 and €1,280
- 2 for bonds over €1,280
For example, it costs €25.74 to serve a court order, but this amount will be multiplied by 2 (i.e. €51.48) if the claim exceeds €1,280.
Proportional duties
In addition to the fixed fees, the court-appointed agent may charge a proportional fee on the sums recovered. This fee is calculated according to a sliding scale set out in article A. 444-32 of the French Commercial Code:
- 11.70% on the portion up to €125
- 10.73% for the €125 to €610 bracket
- 10.24% for the €610 to €1,525 bracket
- And so on...
A fee for initiating proceedings may also apply (article A. 444-15 of the French Commercial Code). The amount varies from €21.45 to €268.13 depending on the debt.
Additional costs
Let's not forget travel expenses. Article A. 444-48 of the French Commercial Code sets a fixed allowance of €9.20. This sum is collected by the transport compensation service of the Chambre nationale des commissaires de justice.
Disbursements (costs advanced on behalf of the client) are added to the fees. These include postage costs and witness fees.
Optimisation and disputes
Discount opportunities
The commissaire de justice may grant discounts. Article R. 444-10 of the French Commercial Code limits the discount rate to 20% of the amount of the fee, or even 40% for certain services.
These discounts are often the result of prior negotiation, particularly for large volumes of work.
Provisions and advances
Advance payments are common practice. Article R. 444-52 of the French Commercial Code stipulates that "the party who requires the court-appointed agent to perform a service that must be carried out immediately must first pay him a sufficient advance".
There are exceptions: the advance is not payable in cases of urgency, when it is impossible due to the creditor's resources, or when the recovery concerns a claim for maintenance.
Challenging an invoice
Billing that is deemed excessive may be contested. The commissaire de justice may not "demand or receive, in respect of services subject to tariffs, any sum other than those fixed by these tariffs" (article R. 444-13 of the French Commercial Code).
In the event of disagreement, the first step is to talk to the professional. If the dispute persists, a complaint should be lodged with the regional chamber of judicial commissioners. As a last resort, legal action may be taken.
The enforcement judge can be called upon to contest the costs associated with an enforcement measure. For other services, the court has jurisdiction.
Informed legal advice can be used to assess the conformity of an invoice and to determine whether it is in compliance with the law.take the appropriate steps if necessary.
Do you think a court commissioner's bill is excessive? Our firm can verify the conformity of the rates applied and assist you in any dispute.
Sources
- French Commercial Code: articles L. 444-1 to L. 444-7, R. 444-1 to R. 444-58, A. 444-10 to A. 444-52
- Order no. 2016-728 of 2 June 2016 on the status of judicial commissioner
- Decree no. 2021-1625 of 10 December 2021 on the powers of judicial commissioners
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