The constraint provided for in Article L. 5426-8-2 is issued after the debtor has been given formal notice to repay the allowance, assistance or any other undue benefit referred to in Article L. 5426-8-1 or to pay the administrative penalty referred to in Article L. 5426-6.
The Director General of Pôle emploi sends the debtor, by registered letter with acknowledgement of receipt, a formal notice which includes the reason, the nature and the amount of the sums still claimed, the date of the undue payment(s) giving rise to recovery or the date of the administrative penalty as well as, where applicable, the reason which led to the total or partial rejection of the appeal lodged by the debtor.
If the formal notice remains without effect at the end of the period of one month from its notification, the Director General of Pôle emploi may issue the constraint provided for in Article L. 5426-8-2.