Subsection 2: Bailiffs

Where, pursuant to the second paragraph of article 16 of decree no. 56-222 of 29 February 1956, a bailiff entrusts the service of a document to a colleague, the corresponding emolument is paid to the bailiff initially seized, then shared with the serving bailiff. The rules for sharing fees, excluding rebates, are as follows: 1° The bailiff who drafts the document receives one third of the emolument for the service;…

The service of judicial or extrajudicial documents from abroad gives rise to the collection by the bailiff of a fixed fee. The documents served are forwarded to the bailiff together with the corresponding payments, except where the applicant is in receipt of legal aid.

The service of documents abroad gives rise to the collection of a flat-rate fee when a document is drawn up recording the date of transmission of the request for service. Any additional services required by the ministerial officer to prepare the documents transmitted for service do not give rise to any other remuneration.

Prior to the performance of any service that must be carried out immediately, the party requesting the bailiff shall pay him a deposit sufficient to cover the corresponding fee as well as any costs and disbursements.

The provisions of article R. 444-52 do not apply: 1° In the event of an emergency; 2° In the event of impossibility, due in particular to the resources of the creditor; 3° When recovery or collection is carried out on the basis of an enforceable title: a) Mentioned in the 6° de l’article L. 111-3 of the code of civil enforcement procedures; b) Establishing a claim arising from the performance…

The right of retention provided for in Article R. 444-15 shall not apply to bailiffs in the cases provided for in c of 3° and 4° of Article R. 444-53.

The fees for the services mentioned in numbers 128 and 129 of table 3-1 annexed to article R. 444-3, payable respectively by the debtor and the creditor, are cumulative. However, the fees for the service mentioned in number 129 of this table: 1° Are not due in the cases provided for in 3° of article R. 444-53; 2° Shall be borne by the infringer when the bailiff recovers or collects…

Any sum handed over in payment to a bailiff by a debtor to settle a claim must be repaid by the bailiff to the creditor within a maximum period of three weeks if the payment is made in cash, six weeks in other cases. If the debtor pays the claim in successive instalments, these time limits are six weeks and three months respectively. Any breach of this rule is liable…

The provisions of this Title, with the exception of those of paragraph 1 of sub-section 1 of section 2, shall apply to judicial officers in the departments of Bas-Rhin, Haut-Rhin and Moselle. Table 3-2 of Article Annex 4-7 applies exclusively to it.