French Code of civil enforcement procedures

The costs of direct payment of maintenance are the responsibility of the debtor and no advance may be requested from the creditor for the implementation of the procedure. If the debtor cannot be found or if direct payment cannot be obtained, the bailiff’s fees are advanced by the Treasury in accordance with the procedures set out in article R. 93, 16° of the Code of Criminal Procedure.

A maintenance creditor who, in bad faith, makes use of the direct payment procedure may be liable to a civil fine of up to €10,000.

Before the court hearing a claim for maintenance, the debtor may agree to direct payment of the maintenance. In this case, the debtor indicates the third party debtor who will be responsible for payment. The extract of the judgment recording the parties’ agreement is notified to the third party debtor in accordance with the rules set out in the first and second paragraphs of article R. 213-1.

The divorce or legal separation agreement by mutual consent provided for in article 229-1 of the Civil Code may provide for maintenance to be paid directly. In this case, the maintenance debtor must specify the identity and contact details of the third-party debtor responsible for payment. The extract of the agreement recording the agreement of the parties is notified to the third party debtor in accordance with the rules set…

When an account funded by remuneration from work is the subject of a direct payment procedure on the basis of this chapter, the garnishee shall in any event leave at the disposal of the debtor, without any request being necessary, the sum set out in Article R. 3252-5 of the Labour Code in application of Article L. 3252-5 of the same Code. If there is more than one account, this…

The summons to pay provided for in article L. 221-1 contains, under penalty of nullity: 1° Mention of the writ of execution by virtue of which the proceedings are being carried out with a separate breakdown of the sums claimed in principal, costs and accrued interest as well as an indication of the interest rate; 2° A summons to pay the debt within a period of eight days, failing which…

The amount provided for in article L. 221-2 is €535 in principal. The authorisation provided for in the same article is given by the enforcement judge hearing the case on application.