Section 4: Recovery of undue benefits and administrative penalties

Pôle emploi may, if the debtor does not dispute the undue nature of the payment, recover the undue payments referred to in Article L. 5426-8-1 by deduction from future benefits, up to a limit of 20% of their amount for those referred to in Article L. 5423-1 .

Any debtor who disputes the undue nature of the benefits referred to in Articles L. 5422-1 and L. 5424-25 which are claimed from him or her must first submit an informal appeal to the Director General of Pôle emploi within two months of the date of notification of the undue payment by Pôle emploi. In accordance with the provisions of article L. 411-7 of the Code des relations entre le…

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…

The constraint is served on the debtor by registered letter with acknowledgement of receipt or by bailiff’s deed. On pain of nullity, the bailiff’s writ or the registered letter shall mention : 1° The reference of the constraint ; 2° The amount of the sums claimed and the nature of the allowances, grants and other benefits in question or the date of the administrative penalty; 3° The time limit within…

The debtor may lodge an objection by registration with the secretariat of the competent court within whose jurisdiction he is domiciled or by registered letter with acknowledgement of receipt sent to the secretariat of the said court within fifteen days of notification. Reasons must be given for the objection. A copy of the contested order must be attached. This objection suspends the enforcement of the constraint. The court’s decision, ruling…

The court secretariat informs the Director General of Pôle emploi within eight days of receipt of the objection. As soon as he is aware of the objection, the Director General will send the court a copy of the summons, together with a copy of the formal notice indicating the amount of the sums claimed, which served as the basis for drawing up the summons, as well as the notice of…

Allowances, grants and other benefits mentioned in article L. 5426-8-1 amounting to less than €77 unduly paid by Pôle emploi shall not be recovered.