The bailiff: who is he really?
ITS PLACE IN THE JUDICIAL ORGANIZATION CHART
The judicial officer is a public and ministerial officer exercising a regulated liberal profession. He has only quality to carry out court decisions and to deliver documents. He also exercises
competitively in areas as varied as the amicable recovery of debts, assistance in the drafting of private deeds, legal consultations, administration of real estate, public auctions.
ITS TERRITORIAL JURISDICTION
On 1 January 2017, its territorial jurisdiction will be extended:
- at the National level for the findings
- at the level of the Court of Appeal for service and execution
Thus, for example, our study can draw up reports anywhere in France, and can serve your documents in the departments of Eure et Loir (28), Yvelines (78), Hauts de Seine (92), Val d'Oise (95), etc.
ITS MAIN FUNCTIONS
The judicial officer is an essential actor in the economic and social life. Whether you are a company or a private individual, the judicial officer will give you advice to solve all your difficulties amicably.
MONOPOLY ACTIVITIES OF THE JUDICIAL OFFICER
*Service on interested persons of judicial or extra-judicial documents concerning them (summons to appear before a court, service of court decisions such as divorce judgements or formal notices to pay, etc.).
* Execution of court decisions and notarial deeds (he is the only one who can carry out seizures of movable or immovable property, seizures of bank accounts, among others). In the event of forced enforcement of a judgment, he may request the assistance of the police force.
*Presence in the courts, where he often conducts hearings.
ACTIVITIES OUTSIDE THE BAILIFF'S MONOPOLY
*The gathering of evidence at the request of magistrates or individuals. (He then makes material observations, such as an inventory of fixtures in an apartment, the state of progress of work, material damage, for example).
*Public, voluntary or judicial sales(b) the purchase of household effects, if there is no auctioneer in his or her electoral district.
*Mortgage registrations.
*The amicable collection of all debts (rent, unpaid invoices, alimony, co-ownership charges...).
* Representation of the parties in court (joint tribunal for rural leases, commercial court, attachment of remunerations)
* Legal advice to the companies he is in contact with for debt collection
*Commercial Lottery (the rules of Games and Competitions can be deposited with a bailiff to guarantee their regularity and loyalty).
Because of their economic and legal knowledge and business practice, bailiffs are often the first legal professional to be consulted in the event of a dispute. As with the other legal professions, this role of advising businesses tends to grow due to the increasing complexity of cases.
ANCILLARY ACTIVITIES OF THE JUDICIAL OFFICER
*Insurance agent
*Building Administrator
*Mediator
ITS PLACE IN EUROPE AND IN THE WORLD
At the European level we are witnessing the establishment of increasingly closer relations between the judicial systems of the various countries, highlighting genuine cooperation.
Our profession fits perfectly into this great European movement.
The activity of Judicial Officer in Europe is more and more declined in the mode of the liberal statute.
Designated by the Ministry of Justice, the professionals carry out their activity within a strictly regulated framework.
On a worldwide level, the occupation of judicial officer is represented thanks to the International Union of Judicial Officers.
ITS INTEREST IN INFORMATION AND COMMUNICATION TECHNOLOGIES
Judicial officers have been present for many years in the sector of new information and communication technologies. With the evolution of the Internet and the electronic medium, at the beginning of the 2000s the National Chamber of Judicial Officers has charged CEDA (Association Droit Electronique et Communication) for the design, production, maintenance, administration and promotion of all means of electronic exchanges, products and services, between the law firms and their various partners.
The Huisbox was invented by our study allows you to safely archive your contractual documents (order forms, invoices, contracts...) and to protect your artistic or literary creations.
ITS RATE
The activities resulting from the monopoly are subject to a tariff set by the Commercial Code.
In certain areas, the remuneration is freely agreed with the client: legal consultations, private deeds, official reports...
Whatever the nature of the mission entrusted to the judicial officer, he is able to establish a free estimate. He is required to provide the parties with a detailed statement of account. Any cash payment made to the bailiff shall be receipted.
Before giving their assistance, bailiffs must ask the requesting party for sufficient funds to cover the costs. They have the right to withhold documents until full payment of their fees and charges.
When the request for payment of a sum of money originates from an amicable debt collection, the judicial officer will only claim from the debtor the sum actually due, unless there are special clauses in the contract. The fees are borne by the claimant.
If the proceedings are based on a court decision, the costs of enforcement shall be borne by the debtor unless he proves to be insolvent, in which case they shall be borne by the creditor.
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thanks CNHJ
