The provisions of this article also apply to public health establishments.
1° In the absence of any dispute, the individual or collective revenue order issued by the territorial authority or local public establishment allows compulsory enforcement ex officio against the debtor.
However, the commencement before a court of proceedings to contest the validity of a debt assessed and liquidated by a territorial authority or local public establishment suspends the enforceability of the voucher.
The action available to the debtor of a claim assessed and liquidated by a territorial authority or a local public establishment to challenge directly before the competent court the merits of the said claim shall be time-barred within two months of receipt of the enforceable title or, failing that, of the first act deriving from that title or of notification of a writ of execution.
2° A challenge to the legality of a debt collection action shall be submitted in accordance with the procedures set out in Article L. 281 of the Book of Tax Procedures. The claim by a third party of seized objects is made in accordance with the procedures set out in article L. 283 of the same book.
3° The action of public accountants responsible for recovering the debts of regions, departments, communes and local public establishments is time-barred after four years from the date on which the receipt was taken over.
The four-year period referred to in the previous paragraph is interrupted by any acts involving acknowledgement on the part of the debtors and by any acts interrupting prescription.
4° Regardless of its form, an ampliation of the individual revenue order or the extract of the collective revenue order is sent to the debtor. Sending this ampliation to the debtor by ordinary post or by electronic means to the address that he himself has made known to the local authority, the local public establishment or the public accountant is equivalent to notification of the said ampliation.
In application of articles L. 111-2 and L. 212-1 of the Code des relations entre le public et l’administration, the individual revenue order or the extract from the collective revenue order mentions the surname, first names and capacity of the person who issued it as well as the channels and deadlines for appeal.
Only the voucher slip is signed to be produced in the event of a dispute.
5° Where the taxpayer has not made the payment required of him by the payment deadline, the public accountant shall send him the formal notice to pay provided for in article L. 257 of the Book of Tax Procedures prior to notification of the first compulsory enforcement act to give rise to costs.
When formal notice to pay has not been followed by payment, the public accountant may, on expiry of a period of eight days following notification, initiate legal proceedings giving rise to costs to be borne by the taxpayer under the conditions set out in article 1912 du code général des impôts.
6° For debts of less than €15,000, the formal notice to pay referred to in 5° is preceded by a reminder letter sent by the public accountant or a comminatory phase, by which he asks a bailiff to obtain payment from the debtor of the amount of his debt.
The collection costs are paid directly by the debtor to the bailiff. The amount of the costs, which remain with the bailiff, is calculated according to a rate proportional to the sums recovered set by joint order of the Minister for the Budget and the Minister for Justice.
When the reminder letter or the reminder phase has not been followed by payment, the public accountant may send a formal notice to pay. In this case, compulsory enforcement of proceedings giving rise to costs may be initiated on expiry of a period of eight days following notification of the formal notice to pay.
7° The recovery by the competent public accountants of the titles made enforceable under the conditions provided for in this article may be ensured by means of administrative seizure by a third party holder under the conditions provided for in article L. 262 du livre des procédures fiscales.
8° Competent public accountants responsible for the recovery of a debt assessed and settled by a local authority or its public establishments may obtain, without professional secrecy being enforceable against them, the information and intelligence required to carry out this mission.
This right of communication is exercised regardless of the medium used to store this information or intelligence.
The information and intelligence communicated to the accountants referred to in the first paragraph are those relating to the civil status of debtors, their domicile, the name and address of their employer and the establishments or organisations with which a deposit account is opened in their name, the name and address of organisations or individuals holding funds and securities on their behalf, and the registration of their vehicle.
This information may be requested from local authorities and their local public establishments, public administrations and companies, social security establishments and organisations, as well as organisations or individuals providing legal, financial or accounting services, or holding assets or funds on behalf of debtors.
In addition to this right of communication, the competent public accountants responsible for the recovery of a debt for which the basis of assessment is established and which is settled by a local authority or one of its public establishments have a right of access to the files used by the departments responsible for establishing the basis of assessment and recovery of taxes.
9° Debts recovered in accordance with the provisions of this Article may be the subject of assistance with recovery or the taking of precautionary measures, the notification of acts or decisions, including judicial decisions, and the exchange of information with the Member States of the European Union under the conditions provided for in Articles L. 283 A to L. 283 F of the tax procedures book.