Who has to pay the bailiff (now called the commissioner of justice) who takes care of claiming an unpaid amount? - Amicable recovery
Verified 11 mars 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
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)