With the exception of those listed under numbers 46, 47 and 49 of table 3-1, the services mentioned in article A. 444-14 also give rise to the collection of a fee known as the “right to institute proceedings”, set as follows:
1° If the amount of the debt is less than or equal to €76, the right to initiate proceedings is set at €4.29;
2° Above the €76 threshold mentioned in 1°, the right to initiate proceedings is, up to a limit of €268.13, proportional to the amount of the debt, according to the following scale:
Tranches of assessment
(amount of claim) |
Applicable rate |
---|---|
0 to €304 | 5.60% |
From €305 to €912 | 2.80% |
From €913 to €3040 | 1.40% |
Over €3040 | 0.28% |
The initiation fee may only be levied once in connection with the recovery of the same debt.
It is payable by the debtor if the cost of the act in respect of which it is allocated falls to the debtor and payable by the creditor in all other cases.
It is retained by the judicial officer regardless of the outcome of the recovery attempt.
Depending on whether the cost of the act is borne by the debtor or the creditor, it is deducted respectively from the emolument set out in article A. 444-31 or from that set out in article A. 444-32.