Verified 01 April 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

If you owe money, you are debtor. A commissioner of justice (formerly judicial bailiff and judicial auctioneer) can seize your bank account (or several of your accounts) to repay part or all of your money. creditor. This input is called seizure-assignment. We explain.

What applies to you ?

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      You are a debtor

      The law only concerns debts of sums of money recognized by a court decision.

      Your creditor must load a commissioner of justice to write a deed of seizure on your bank account (or multiple accounts, if required).

      Then, the Commissioner of Justice means, that is to say, delivers, this deed of seizure to your bank.

      Your creditor must load a commissioner of justice to write a deed of seizure on your bank account (or multiple accounts, if required).

      Then, the Commissioner of Justice means this deed of seizure to your bank.

      The Commissioner of Justice must inform you, by act of the commissioner of justice, the service of the seizure on your bank in a 8 days delay.

      FYI  

      If the bank account entered is a joint account, the Commissioner of Justice must inform each account holder.

      The act of the commissioner of justice who informs you must include the following elements (otherwise, it is not valid):

      • Copy of the record of seizure and reproduction of the information communicated by the bank seized (when the act of seizure is served by email)
      • In very apparent characters, the indication that you can dispute the entry by assignment within one month of service on your bank, the date on which this period expires, the indication that you must inform the commissioner of justice of your dispute by sending the same day a registered letter with acknowledgement of receipt
      • Court in which you can challenge the seizure
      • The amount that must be left on your bank account and the bank account on which this amount is present.

      FYI  

      The act must indicate that you can give permission (in writing and through the Commissioner of Justice) to your creditor to have the amount you owe (debt and costs of the commissioner of justice) remitted by the bank without delay.

      During the 15 working days which follow the meaning from the entry to the bank, your bank account is blocked.

      This period is used to determine the amounts that can be seized on your account.

      FYI  

      During these 15 working daysHowever, your account balance may change if transactions made before the seizure was served on your bank take place after a period of time (for example, a check delivered to your bank).

      During these 15 working daysHowever, you cannot make transactions on your account (for example, you cannot withdraw money).

      However, you can contact the Commissioner of Justice to agree together on the conditions of the release of the seizure. For example, you can decide together to unblock the account before the end of the 15 business day period, in exchange for setting up a payment schedule for the amount due.

      How is the amount of the seizure calculated?

      It is forbidden to seize all amounts present in your bank account, even if the amount you owe (your debt and costs of the commissioner of justice) is greater than the amounts in your account. It is mandatory to leave you at least €651.69 , it's the Elusive bank balance (SBI).

      It is forbidden to take amounts that are elusive, given their origin (e.g. social minima). For this, you must provide the bank with supporting documents of the origin of these sums in the 15  working days which follow the meaning from the seizure to the bank.

      As a result, the amount of the seizure depends on the amounts present in your bank account:

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      Bank account with less than 651,69 €

      If on the day of the seizure, there is less than €651.69 or just €651.69 on the bank account, then the account is left as is.

      Example :

      If there is €200 on the bank account before the seizure, then the bank leaves these €200 on the account. No money is taken from the account.

      Bank account with more than 651,69 €

      Bank account with elusive amounts
      Elusive amounts less than €651.69

      Example :

      If on the day of entry:

      • The bank account has €1,000, of which €200 of elusive sums
      • The seizure to be made is €500
      • The SBI is €651.69

      So, after the seizure:

      • The amount of the SBI is left on the account, i.e €651.69 (because this amount is greater than the amount of the elusive amounts)
      • The seizure made is of €1,000 -  €651.69  =  €348.31
      Elusive sums over €651.69

      Example :

      If on the day of entry:

      • The bank account has €1,000, of which €700 of elusive sums
      • The seizure to be made is €500
      • The SBI is €651.69

      So, after the seizure:

      • The amount of the elusive amounts is left on the account, i.e. €700 (because this amount is greater than the SBI)
      • The seizure made is of €1,000 - €700 =   €300
      Other case

      Example :

      If on the day of entry:

      • The bank account has €1,000. There is no elusive amount
      • The seizure to be made is €500
      • The SBI is €651.69

      So, after the seizure:

      • The amount of the SBI is left on the account, i.e €651.69
      • The seizure made is of €1,000 -  €651.69  =  €348.31

      What are the elusive sums?

      Some amounts are completely elusive :

      • Disabled Adult Allowance (DAA) and Independent Living Supplement (ILM) except for the payment of maintenance costs of the disabled person
      • Personalized Autonomy Allowance (Apa)
      • Specific Solidarity Allowance (SSA)
      • Capital allowances or pensions for accidents at work
      • Severance payments resulting from the company's economic situation
      • Allowances representative of professional expenses
      • Activity bonus
      • Active Solidarity Income (SSA)

      Some amounts are only partially elusive :

      • Net salary
      • Overtime pay increases
      • Benefits in kind
      • Daily sickness, maternity and child benefit
      • Supplementary allowances for reduced working hours (part-time work, temporary part-time work)
      • Unemployment benefits (allowances, aids and any other benefits paid by France Travail (formerly Pôle emploi))
      • Voluntary Retirement Benefit
      • Return to Work Allowance (RTO)
      • Disability pensions and life annuities
      • Retirement pensions and survivor's pensions
      • Solidarity Allowance for the Elderly (Aspa)

      You can dispute the entry 1 month after the commissioner of justice has informed you, para act of the commissioner of justice, the meaning from the seizure to your bank.

      For this, you need to:

      1. Appeal, by subpoena, to the enforcement judge (JEX) of the place where you live
      2. Inform the Commissioner of Justice of your dispute, by registered letter with acknowledgement of receipt, on the same day or on the 1ster business day next
      3. Inform the bank of your dispute, by simple letter
      4. Deliver a copy of this summons to the JEX Registry no later than the day of the hearing

      FYI  

      In view of your challenge, the seizure is suspended until the enforcement judge (JEX) issues its decision (prescription). If the judge makes a dismissal order against your challenge, the commissioner of justice will have to present this order to the bank. It is on this condition that the bank will debit your bank account with the amount of the seizure.

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      In case of dispute of seizure

      Reminder

      You have 1 month to challenge the seizure, after the commissioner of justice has informed you, by act of the commissioner of justice, the meaning from the seizure to your bank.

      Considering your dispute within one month, the seizure shall be suspended until the enforcement judge (JEX) issues its decision (prescription).

      If the judge makes a dismissal order against your challenge, the commissioner of justice will have to present this order to the bank. It is on this condition that the bank will debit your bank account with the amount of the seizure, and that your creditor will be paid.

      FYI  

      If you have made the challenge after the one-month deadlineHowever, your challenge is not taken into account. The Commissioner of Justice must then present the bank with a certificate stating that you are not contesting the seizure. It is on this condition that the bank will debit your bank account with the amount of the seizure, and that your creditor will be paid.

      Without disputing the seizure

      During the one-month period, you have several possibilities:

      • Authorize immediate payment of the amount due. You can authorize your creditor to be immediately remitted the amount of the sum due (debt and costs of the Commissioner of Justice). To do this, you must write a copy of the written document, which the Commissioner of Justice will mean to the bank. The bank will then debit your bank account for the amount due, and your creditor will be paid.
      • Make payment possible before the end of the one-month period. You may declare in writing that you will not contest the seizure. The Commissioner of Justice will meanthis document to the bank. The bank will then debit your bank account by the amount due (debt and court commissioner's fees), and your creditor will be paid.
      • Negotiate the release of the seizure. You can contact the Commissioner of Justice to agree together on the conditions of the release of the seizure. For example, you can decide together to unblock the account before the end of the 15 business day period, in exchange for setting up a payment schedule for the amount due.

      No action on your part during the one-month periodHowever, the Commissioner of Justice must present to the bank a certificate attesting to the absence of a challenge. The bank will then debit your bank account by the amount due (debt and court commissioner's fees), and your creditor will be paid.

      You are a creditor

      The provision applies only to receivables on sums of money.

      You must be equipped with enforceable title, recognizing a debt valued in money and due (the date for its repayment has passed).

      You have to go to a commissioner of justice, which will be responsible for establishing a deed of seizure and to signify to the bank of debtor. And within 8 days, he informs the debtor of the service of the seizure on his bank.

      How is the amount of the seizure calculated?

      It is forbidden to seize all sums present in the bank account, even if the amount of the receivable and costs of the commissioner of justice exceeds the amount in the bank account. It is mandatory to leave at least €651.69, it's the Elusive bank balance (SBI).

      It is forbidden to take certain amounts that are elusive, given their origin (e.g. social minima).

      Consequently, the amount of the seizure depends on the amounts present in the bank account:

      Répondez aux questions successives et les réponses s’afficheront automatiquement

      Bank account with less than 651,69 €

      If on the day of the seizure, there is less than €651.69 or just €651.69 on the bank account, then the account is left as is.

      Example :

      If there is €200 on the bank account before the seizure, then the bank leaves these €200 on the account. No money is taken from the account.

      Bank account with more than 651,69 €

      Bank account with elusive amounts
      Elusive amounts less than €651.69

      Example :

      If on the day of entry:

      • The bank account has €1,000, of which €200 of elusive sums
      • The seizure to be made is €500
      • The SBI is €651.69

      So, after the seizure:

      • The amount of the SBI is left on the account, i.e €651.69 (because this amount is greater than the amount of the elusive amounts)
      • The seizure made is of €1,000 -  €651.69  =  €348.31
      Elusive sums over €651.69

      Example :

      If on the day of entry:

      • The bank account has €1,000, of which €700 of elusive sums
      • The seizure to be made is €500
      • The SBI is €651.69

      So, after the seizure:

      • The amount of the elusive amounts is left on the account, i.e. €700 (because this amount is greater than the SBI)
      • The seizure made is of €1,000 - €700 =   €300
      Other case

      Example :

      If on the day of entry:

      • The bank account has €1,000. There is no elusive amount
      • The seizure to be made is €500
      • The SBI is €651.69

      So, after the seizure:

      • The amount of the SBI is left on the account, i.e €651.69
      • The seizure made is of €1,000 -  €651.69  =  €348.31

      What are the elusive sums?

      Some amounts are completely elusive :

      • Disabled Adult Allowance (DAA) and Independent Living Supplement (ILM) except for the payment of maintenance costs of the disabled person
      • Personalized Autonomy Allowance (Apa)
      • Specific Solidarity Allowance (SSA)
      • Capital allowances or pensions for accidents at work
      • Severance payments resulting from the company's economic situation
      • Allowances representative of professional expenses
      • Activity bonus
      • Active Solidarity Income (SSA)

      Some amounts are only partially elusive :

      • Net salary
      • Overtime pay increases
      • Benefits in kind
      • Daily sickness, maternity and child benefit
      • Supplementary allowances for reduced working hours (part-time work, temporary part-time work)
      • Unemployment benefits (allowances, aids and any other benefits paid by France Travail (formerly Pôle emploi))
      • Voluntary Retirement Benefit
      • Return to Work Allowance (RTO)
      • Disability pensions and life annuities
      • Retirement pensions and survivor's pensions
      • Solidarity Allowance for the Elderly (Aspa)

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      The debtor disputes the seizure

      If the debtor disputes the seizure within one month of the date of the act of seizure, payment is deferred until the enforcement judge (JEX) issues his decision (his prescription).

      To obtain payment, the Commissioner of Justice must present to the bank the dismissal order rendered by the judge against the debtor.

      The bank then pays you.

      The debtor shall allow the period of one month to pass

      If the debtor does not contest the seizure within one month of the date of the act of seizure, the commissioner of justice must present to the bank a certificate attesting to the absence of challenge. The bank then pays you.

      The debtor accepts the seizure

      Several situations are possible:

      • The debtor authorizes you in writing to have the amount due remitted to you (debt and costs of the Commissioner of Justice). The Commissioner of Justice must signify this document to the bank. The bank then pays you.
      • The debtor declares in writing that he waives his right to contest the seizure before the end of the one-month period. The Commissioner of Justice must signifythis document to the bank. The bank then pays you.
      • The debtor may negotiate the release of the seizure during the period of one month. The debtor may contact the Commissioner of Justice to agree together on the conditions of the release of the seizure. For example, you can decide together on a payment schedule for the amount due (debt and fees of the Commissioner of Justice).

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