Who has to pay the bailiff (now called the commissioner of justice) who takes care of claiming an unpaid amount?
Verified 11 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
It depends on the situation. Two scenarios are possible: either the commissioner of justice recovers the unpaid amounts after a judge has found the receivable , or it intervenes in the context of a out-of-court recovery. We explain.
What applies to you ?
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A judge established the claim
One creditor can load a commissioner of justice to recover in its place the sums that it owes to a debtor.
For this, the creditor gives a mandate or a power to the commissioner of justice.
The Commissioner of Justice charges a right of recovery in return for his intervention.
The rules relating to right of recovery depend on the type of the receivable :
In case of recovery of a maintenance claim unpaid (example: unpaid maintenance), it is up to the debtor to pay the right of recovery, but the judge can decide otherwise (sharing of these costs between the debtor or the creditor, or at the expense of the creditor).
The amount of right of recovery depends on the amount recovered by the Commissioner of Justice from the debtor:
FYI
If the debtor pays by successive installments, the amount due to the Commissioner of Justice is calculated on the totality of the sums obtained and not on each installment.
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€44 or less recovered
Where the amount recovered by the Commissioner of Justice is less than or equal to €44, the debtor shall pay the following recovery fee:
- In metropolitan France, €5.16 (VAT: titleContent included)
- In Guadeloupe, €4.67 (VAT included)
- In Guyana, €4.30
- In Martinique, €4.67 (VAT included)
- In Mayotte, €4.30
- At The Meeting, €4.67 (VAT included).
More than 44 € recovered
When the amount recovered is greater than €44, on right of recovery due from the debtor shall be calculated on the basis of the following tranches:
Slice | Rate |
|---|---|
From 0 to 125 € | 19.54% |
From 125 € to 610 € | 12.70% |
From 610 € to 1525 € | 6.82% |
More than €1,525 | 0.58% |
CarefulIn order to know the amount actually owed by the debtor to the Commissioner of Justice, a rate of VAT: titleContent from 20% in metropolitan France and 8.5% in Guadeloupe, Martinique and Reunion.
But the right of recovery billed by the commissioner of justice must not exceed €550.
Example :
For €4,000 recovered, on right of recovery is:
- 1re slice: 125 x 19.54% = 24.43
- 2e slice: (610 - 125) x 12.70% = 61.60
- 3e slice: (1,525 - 610) x 6.82% = 62.40
- 4e band: (4,000 - 1,525) x 0.58% = 14.36
This gives a total of: 24.43 + 61.60 + 62.40 + 14.36 = €162.79 (excluding VAT).
If the commissioner of justice intervenes in metropolitan France, he charges the following collection fee: 162.79 x ( 1 + 20 / 100 ) = €195.35 (VAT included)
In case of recovery of a claim established by the court (claim for which the creditor has a enforceable title), it is up to the debtor to pay the right of recovery, but the judge can decide otherwise (sharing of such costs between the debtor or the creditor, or at the expense of the creditor).
The amount of the right of recovery depends on the amount recovered by the Commissioner of Justice from the debtor.
The amount recovered may relate to 1 of the following amounts:
- Sum initially due by the debtor to the creditor at the agreed maturity (principal claim)
- Amount of conviction (except costs, i.e. trial costs)
FYI
If the debtor pays his debt by successive installments, the amount due to the Commissioner of Justice is calculated on the totality of the sums obtained and not on each installment.
Répondez aux questions successives et les réponses s’afficheront automatiquement
€44 or less recovered
Where the amount recovered by the Commissioner of Justice is less than or equal to €44, the debtor must pay the recovery fee (VAT: titleContent included) next:
- In metropolitan France, €5.16
- In Guadeloupe, €4.67
- In Guyana, €4.30
- In Martinique, €4.67
- In Mayotte, €4.30
- At The Meeting, €4.67 .
More than 44 € recovered
Where the amount recovered by the Commissioner of Justice is more than €44, on right of recovery due from the debtor shall be calculated on the basis of the following tranches:
Slice | Rate |
|---|---|
From 0 to 125 € | 9.77% |
From 125 € to 610 € | 6.35% |
From 610 € to 1525 € | 3.41% |
More than €1,525 | 0.29% |
CarefulIn order to know the amount actually owed by the debtor to the Commissioner of Justice, a rate of VAT: titleContent from 20% in metropolitan France and 8.5% in Guadeloupe, Martinique and Reunion.
But the right of recovery billed by the commissioner of justice must not exceed €550.
Example :
For €4,000 recovered, on right of recovery is calculated in this way:
- 1re slice: 125 x 9.77% = 12.21
- 2e slice: (610 - 125) x 6.35% = 30.80
- 3e slice: (1,525 - 610) x 3.41% = 31.20
- 4e band: (4,000 - 1,525) x 0.29% = 7.18
This gives a total of: 12.21 + 30.80 + 31.20 + 7.18 = €81.39 (excluding VAT).
If the commissioner of justice intervenes in metropolitan France, he charges the following collection fee: 81.39 x ( 1 + 20 / 100 ) = €97.67 (VAT included)
Amicable recovery
One creditor can load a commissioner of justice to recover in its place the sums that it owes to a debtor.
For this, the creditor gives a mandate or a power to the commissioner of justice.
The Commissioner of Justice charges a right of recovery in return for his intervention.
In the case of a amicable recovery of a debt, i.e. without a prior decision by the judge (e.g. simplified small claims recovery procedure), it is up to the creditor to pay the right of recovery .
The amount of the recovery fee depends on the amount recovered by the Commissioner of Justice from the debtor.
FYI
If the debtor pays his debt by successive installments, the amount due to the Commissioner of Justice is calculated on the totality of the sums obtained and not on each installment.
Répondez aux questions successives et les réponses s’afficheront automatiquement
€188 or less recovered
Where the amount recovered by the Commissioner of Justice is less than or equal to €188, the creditor must pay the recovery fee (VAT: titleContent included) next:
- In metropolitan France, €25.80
- In Guadeloupe, €22.50
- In Guyana, €21.50
- In Martinique, €22.50
- In Mayotte, €21.50
- At The Meeting, €22.50.
More than 188 € recovered
Where the amount recovered by the Commissioner of Justice is more than €188, on right of recovery due from the creditor shall be calculated on the basis of the following tranches:
Slice | Rate |
|---|---|
From 0 to 125 € | 11.73% |
From 125 € to 610 € | 10.75% |
From €610 to €1,525 | 10.26% |
From 1 525 € to 52 400 € | 3.91% |
More than 52 400 € | 3.01% |
CarefulIn order to know the amount actually owed by the debtor to the Commissioner of Justice, a rate of VAT: titleContent from 20% in metropolitan France and 8.5% in Guadeloupe, Martinique and Reunion.
But the right of recovery billed by the commissioner of justice must not exceed €5,540.
Example :
For €4,000 recovered, on right of recovery is:
- 1re slice: 125 x 11.73% = 14.66
- 2e slice: (610 - 125) x 10.75% = 52.14
- 3e slice: (1,525 - 610) x 10.26% = 93.88
- 4e band: (4,000 - 1,525) x 3.91% = 96.77
This gives a total of: 14.66 + 52.14 + 93.88 + 96.77 = €257.45 (excluding VAT).
If the commissioner of justice intervenes in metropolitan France, he charges the following collection fee: 257.45 x (1 + 20 / 100) = €308.94 (VAT included)
Definition of costs: Article 696
Charging Fees
Applicable Tariffs: Items A444-31 and A444-32
Exception
Service Public
Service Public
National Institute of Consumer Affairs (INC)