How much do you need to know when a bailiff intervenes?

Have you received a letter from a bailiff about an unpaid bill? Are you wondering whether the amount justifies this action? It's a legitimate question. Contrary to popular belief, there is no legal minimum threshold for the intervention of a bailiff. However, there are differences between theory and practice.

The different types of intervention by bailiffs

The bailiff can act in several ways depending on the nature of the case.

In the out-of-court debt collection phase, the court commissioner sends a letter of formal notice and attempts to negotiate payment without judicial constraint. This approach does not require a writ of execution and often involves small sums.

If this phase fails, the legal collection procedure follows. The bailiff must have an enforceable title: a court decision, an order to pay or a notarial deed. This document authorises him to take binding measures such as issuing a summons to pay.

Seizure procedures (administrative seizure from third parties, bank seizure, property seizure) are the final stage and require a writ of execution.

A bailiff without a writ of execution has no more power than a debt collection agency. What is the difference? The debtor is more impressed by the bailiff's role as a legal officer.

Practical considerations

The law sets no minimum amount for the intervention of a bailiff. Even for a small sum of €10, a creditor could theoretically resort to a bailiff.

In practice, things are different. For small claims, the legislator has created a simplified procedure for amounts of less than €4,000. Article L. 125-1 of the Code of Civil Enforcement Procedures states: "A simplified procedure for the collection of small claims may be implemented by a bailiff at the request of the creditor for the payment of a contractual or statutory claim of less than an amount defined by decree.

This procedure makes it possible to obtain a writ of execution without going to court if the debtor does not dispute the debt. However, it is important for the debtor to know his rights and remedies when dealing with a bailiff in the event of disagreement or questionable practice. This specific solution greatly facilitates the work of judicial officers.

Typical amounts

For amounts in excess of €500, calling in a bailiff makes economic sense for most businesses. For amounts below this, it is still possible to call in a bailiff, but this is less common in commercial matters.

To recover €50, a bailiff will charge the creditor a fee of around €30 for the amicable phase. If this is unsuccessful, the creditor will have to obtain a writ of execution and then finance the enforcement measures. The bill will often exceed the initial amount owed.

Some judicial commissioners refuse cases where the debt is less than €200-300. Others accept everything, but warn the creditor of the financial consequences of collection costs.

Bailiff's fees: breakdown

Article L. 111-8 of the French Code of Civil Enforcement Procedures states: "The costs of enforcement shall be borne by the debtor, unless it is clear that they were unnecessary. It's crucial to understand who has to pay these costs.

• Out-of-court collection phase: costs borne by the creditor
• Enforcement (with a writ of execution): legal costs payable by the debtor

These fees include fixed rates (defined by prescription) and free fees. The rate is regulated by decree no. 2016-230 of 26 February 2016. The bailiff generally requests a deposit from the creditor to cover his costs and services.

Time can work against the creditor because of the limitation period prescribed by the Code of Civil Procedure.

Tips for reducing costs

Before hiring a bailiff :

• Negotiate a payment schedule directly with the debtor
• Send a formal notice by registered letter with acknowledgement of receipt
• Using mediation to resolve disputes at lower cost

If payment cannot be made, the tenant or debtor can always offer a long-term commitment to settle the outstanding debt.

Collection process

Even for a small sum of 200 euros, a bailiff can intervene according to these steps:

1. Initial contact with the debtor to try to reach an amicable settlement
2. Sending a summons to pay
3. Going to court to obtain a writ of execution
4. Implementation of enforcement measures (such as bank seizures, which can sometimes be carried out without prior notice)
5. Regular follow-up between the bailiff and the creditor by e-mail or telephone

To initiate these actions, proof of the claim must be verified and a record kept of previous communications with the debtor.

Legal framework and special cases

Article L. 111-3 of the Code of Civil Enforcement Procedures sets out the legal conditions for coercive actions. Only certain court decisions can be enforced immediately.

Priority is given to debts owed for rent, alimony or divorce, regardless of the amount owed. Regional situations influence the bailiffs' approach, particularly for people who have filed an over-indebtedness application with the Banque de France.

The intervention of the commissioner may be necessary in the event of difficult appeals or when the need for a statement of facts arises. In some cases, the lawyer will be able to advise on the best course of action to take in the face of such proceedings, particularly where there is a risk of eviction.

For example, for a liquid debt of €800 relating to rent, the right of recovery applies with a shorter intervention period than for a commercial matter of greater amount but less urgency.

The impact of relations with the debtor

A loyal customer in financial difficulty often has more patience than a repeat debtor. A small craft business explained to me that it had decided not to take legal action against a long-standing customer for a sum of €350, preferring to grant the customer an extension. It did not hesitate to call in a bailiff for a new customer who had ignored all reminders for a smaller but similar sum.

The professionals in this profession know how to exercise discernment depending on the place and role of the debtor in the collection activity associated with the business. The amount recovered must be commensurate with the effort and money invested in the process.

Be careful, however, when it comes to payment deadlines, which must comply with the Consumer Code, particularly for debtors who are over-indebted. In these delicate situations, consult a lawyer specialising in enforcement procedures may be essential.

Sources

• Code of civil enforcement procedures (L111-3, L111-8, L124-1, L125-1)
• Decree no. 2016-230 of 26 February 2016 (bailiffs' fees)
• Decree no. 56-222 of 29 February 1956 (professional status of bailiffs)