The judicial officer and private individuals

private bailiff
Intervening in many conflicts, true social mediator, the judicial officer puts his legal skills and his human qualities at the service of private individuals. He ensures that the rules of law are respected in many areas of daily life and can accompany citizens in the major events of their lives. Private individuals: a relationship based on trust

 

From the constitution of the couple to its separation, the judicial officer and the private individuals have to meet at several stages of the family life:

Before any marriage or PACS, he draws up an inventory of each person's property. He is competent to draw up a PACS. He informs the parties and the registrar of any opposition to a marriage.
In the event of divorce or separation proceedings, the bailiff can help to produce before the judge the proof of the fault committed by one of the spouses, for example by the report of SMS.
He is also competent to denounce a PACS agreement. The judicial officer ensures the legal protection of the child or the adult with seriously impaired faculties (summons, service of judgment, inventory of movable goods, management of the patrimony). Finally, he assists parents and grandparents in the exercise of their access rights, avoiding any breakdown in communication between family members.
In the event of succession, an inventory of property can be useful, even in the event of renunciation of inheritance.

Rental and Lease Relationships

The bailiff guides individuals in the drafting of the lease, thus avoiding the flaws of an imperfectly drafted contract. Issuance of holidays, inventory of fixtures, collection of rents, followed by eviction proceedings, he guarantees the rights of the parties to the contract.

Environment and Neighbourhood Conflicts

The judicial officer sees to the application of legal rules in several fields of daily life, in particular :
At the level of the environment (pollution, uncontrolled constructions, noise pollution),
In terms of respect for property rights (right of passage, joint ownership, legal planting distances).


Alimony

In case of divorce, when alimony is not paid, the judicial officer proposes two means of action :
* the direct payment procedure, simple, efficient and at no cost to the creditor,
* or common law enforcement procedures: seizure of movable property, claims, remuneration, etc.

The probative force of the judicial officer's statement of facts

A private individual may ask a bailiff to draw up a statement of facts, at any time, at his home or on the public highway. In order to draw up a statement of facts in a private place at a third party's home, the judicial officer may only intervene at legal hours, with the agreement of the third party or the prior authorisation of a judge. The bailiff shall submit a report of the statement of facts, to which he attaches, if necessary, additional documents (photographs, plans, measurements, etc.). He objectively relates the facts and the situation observed. A true legal snapshot of a specific situation at a given time, the statement of facts is a method of evidence, recognised by the courts and insurance companies. Note: the Beteille law of 22 December 2010 makes the statement of facts, drawn up by the judicial officer, an authentic act whose mentions relating to the observations are authentic until proven otherwise.
To make an appointment for a statement of facts, click here.

(Extract from the press kit - CNHJ)