With the exception of proportional recovery or collection fees, which may be partially charged to creditors under conditions laid down by decree of the Conseil d’Etat, the costs of enforcement are to be borne by the debtor, unless it is clear that they were not necessary at the time they were incurred. Disputes are settled by the judge.
The costs of collection undertaken without an enforceable title shall be borne by the creditor, unless they relate to an act which the creditor is required by law to perform. Any stipulation to the contrary is deemed unwritten, unless otherwise provided by law.
However, a creditor who can justify the necessity of the steps taken to recover his debt may ask the enforcement judge to allow all or part of the costs thus incurred to be borne by the debtor in bad faith.