The Bailiffs' Tariff

The Decree of December 12, 1996, amended by the Decree of March 8, 2001, has brought a simplification for the pricing of documents issued.
This tariff includes a nomenclature of acts and formalities with the application of coefficients according to the interest of the dispute.
The basic unit was fixed at € 2.20 by the Decree of 10 May 2007. Article 5 of the said Tariff authorizes judicial officers to carry out activities whose remuneration is fixed by a tariff specific to another category of judicial officers or public or judicial officers, their remuneration is then determined in accordance with the rules of the said tariff.
Article 5 of the aforementioned decree of 12 December 1996 is supplemented (Decree 2009-1661 of 28 December 2009 relating to legal costs in commercial matters and to court officers) by a paragraph worded as follows: "The remuneration of the bailiff appointed to draw up an inventory and, if necessary, to carry out a valuation of the assets of the debtor subject to safeguard proceedings, receivership or compulsory liquidation, is fixed in accordance with Article 9 of Decree No. 85-382 of 29 March 1985, as amended, fixing the tariff of judicial auctioneers. "The Decree 2011-1470 of November 8, 2011 entrusts to the Judicial Officers a mission of assistance to the chief clerks for the verification of the guardianship accounts at the expense of the protected person; For this work the tariff of the Decree of December 12, 1996 is thus completed according to the following scale:
"40 basic rate when the highest total of the sums entered as expenditure or resources in the account for the year is less than or equal to 25,000 euros;
"50 base rate when the highest total of the sums entered as expenditure or resources in the account for the year is greater than 25,000 euros and less than or equal to 40,000 euros;
40,000 and less than or equal to 40,000 euros; "60 base rate when the highest total of the sums entered as expenditure or resources in the account for the year is greater than 40,000 euros and less than or equal to 70,000 euros;
70,000; " 80 base rate when the highest total of the amounts recorded as expenditure or resources in the account for the year is greater than 70,000 euros. »

The only difficulty in the RATES of the Judicial Officers is the attribution of the proportional right of Article 10 calculated on the sum recovered or collected, in respect of the principal claim or the amount of the judgment, excluding costs:

The creditor shall bear the cost of this right.
This proportional duty shall be fixed in the following instalments:

from 1 January 2002 :

12% up to €125
11% from €125 up to €610
10,5% from 610 € up to 1525 €.
4% above 1525 €.

This duty cannot be less than 10 base rates nor more than 1000 base rates, i.e. 2200 € HT.

The exceptions:
The proportionate right of Article 10 is not due:
- when the recovery or collection is carried out on the basis of an enforceable title relating to a maintenance claim (but double the PD8) or a claim arising from the execution of a contract of employment,
- when the recovery or collection is carried out on the basis of the enforceable titles mentioned in 6° of article 3 of the law of 9 July 1991, (i.e. the enforceable titles issued by legal entities under public law: decrees, statements, roles, notices of collection, collection or revenue titles of the State, territorial authorities or public establishments with a public accountant)

Article 3 of Decree No. 2007-1851 of December 26, 2007 supplemented Article 10 by making this right payable by an infringer convicted in infringement proceedings; this right is then calculated on the sums recovered or collected. This amounts to affirming that only in this case, the proportional right of Article 10 is charged to the debtor.

The collection by the bailiff of the right of initiation and prosecution provided for in Article 13 of the said tariff, on the occasion of the delivery of the documents mentioned in Table I relating to a specific pecuniary obligation, is deductible from the proportional duty Article 10, when the cost of the document is borne by the creditor (Article 14 - 3rd paragraph) or from the proportional duty Article 8, when the cost of the document is borne by the debtor.

The bailiff is bound by this agreement regardless of the outcome of the collection attempt.

This EPD 13 may only be collected once in the context of amicable or judicial recovery of the same debt.

This EPD provides for Article 8 Law (see below).

A further proportional claim under Article 8, to be borne by the debtor, shall be calculated on the sums collected or recovered, in respect of the principal of the debt or the judgment, excluding costs, in the following instalments :

10% up to €125
6,5% from 125 € to 610 €.
3,5% from 610 € to 1525 €.
0.3% above 1525 €.

Decree 2014-673 of 25 June 2014 supplemented Article 8) 1 by this provision:
These percentages are doubled when the recovery or collection is made on the basis of an enforceable title establishing a maintenance claim. These percentages are doubled when the recovery or collection is made on the basis of an enforceable title establishing a maintenance claim. The exception is the collection by the Bailiff of the PD 10 on maintenance claims.

This rate may not be less than 2 basic rates or more than 250 basic rates, i.e. €550 excluding VAT.

If bailiffs receive a regulated remuneration for the delivery of documents, they may claim a free remuneration called a fee, fixed by mutual agreement with their client or, failing this, by the Judge in charge of taxation.

In order to be accepted, these fees must be provided for in Table I, which designates the acts, or for acts not provided for in the fee schedule. (such as statements of facts and interpellation summonses).

Article 16 of Decree 2014-673 of June 25, 2014 supplements Article 17 of the Decree of December 12, 1996 on the prior warning and agreement of the principal on the estimated amount or method of calculation of free remuneration. Consequently, this agreement or warning must be formalized:
a) either by the payment of a provision sufficient to cover their remuneration, and the corresponding disbursements,
(b) or by signing an agreement in accordance with the framework agreement drawn up by the National Chamber of Judicial Officers, stipulating that the right provided for in Article 10 (right of recovery or collection) or the fees substituting for it, whether payment is made in the hands of the bailiff or in the hands of the creditor and whether it emanates from the debtor himself or from a third party.

This clarification has the merit of clarifying the attribution to the bailiff of the proportional right ART. 10 even if the sums due are paid directly to the creditor by a third party and not to the bailiff by the debtor.

Judicial officers may charge fees for legal advice or drafting of documents, for assistance or representation. These fees shall be borne by the client.
It should be noted that when the bailiff is seized for an urgent service (e.g.: summons for summary proceedings from hour to hour), article 21 of the Decree of 25 June 2014 exempts him from a request for advance payment;

For each document served, the bailiff shall receive compensation for transport costs. This compensation is fixed on the first-class rail mileage tax. On 28 May 2015 this cost is fixed at € 7.67.

However, this indemnity is not due for the service of documents from lawyer to lawyer (actes du Palais).

Article 20 of the Tariff states: Bailiffs are entitled to reimbursement of the disbursements listed below:

• - tax duties (lump-sum duty revalued by the LF for 2015 at €11.16 levied on deeds as of January 1, 2015) art.302 bis Y of the CGI. Exempted are acts performed at the request of a person benefiting from total or partial legal aid, and in application of the procedural rules directly related to a proceeding or the enforcement of a court decision;
• - postage costs for letters that constitute compulsory procedural formalities (LS for a document delivered to the town hall or LRAR for service on the public prosecutor's office)
• - moving, locksmith, garage and furniture storage expenses (for seizure for sale tickets)
• - compensation paid to municipal councillors, municipal officials, gendarmerie authorities or witnesses, present for the opening of doors, or for a deportation order. These allowances are not subject to VAT
• - compensation paid to national police officers for the same measures,
• - Any sum due to third parties in connection with their professional activity and paid by them,
• - Expenses incurred for the search for information from the bank account file service.

And, this fee for copies of documents accompanying the docket attached to a summons of 10 UV per 100 sheets listed in Table II of the Tariff of Formalities, Requests, and Diligences, by the Decree of June 25, 2014.

Example of a rough count for a lawsuit with re-study :
- absence of the addressee : (whose interest in the dispute is greater than 1280 €) :
emolument art. 6 and 7 ... 38,40
transport costs art.18... 7,67
Total excl. tax ................................. 46.07

VAT 20% .... 9.21
registration fees .... 11,16
single letter +20gr ... 1,00
TOTAL INCL. TAX ................................... 67.44

Article 22 allows the bailiff to use his right of retention to secure payment of his remuneration and disbursements.