Introduction

Existence of a claim

Issuance of enforcement order (writs of execution)

Existence of seizable assets or claims

Conditions of enforcement

Judicial authority

Other authorities

Competent authorities and persons

Operations

Difficulties in enforcement

Implementation of compulsory enforcement

General regime of enforcement procedures

Concept of penalty

Scope ratione personae

Material scope

Determination of penalty

Competence of judge

Powers of court

Effects of ruling ordering or rejecting penalty

Pronouncement of penalty

Substantive conditions

Procedural conditions

Role and powers of the judge

Effects of liquidation judgment

Liquidation of the penalty

Penalty

Conditions of implementation

Contesting the measures

Ordinary law on protective measures

Protective seizures

Judicial security interests (sûretés judiciaires)

Specific regimes

Interim protective measures (mesures conservatoires)

Seizure of claims for sums of money

Seizure of tangible movable property

Seizure of intangible rights

Enforcement measures on movable property

Real estate seizures

Evictions

Enforcement measures on real estate

Enforcement measures

5. Civil Enforcement Procedures

Pursuant to Article L. 111-8 of the Code of Civil Enforcement Procedures, except for proportional recovery or collection fees that may be partially charged to creditors under conditions set by decree in the Council of State, the costs of compulsory enforcement are borne by the debtor, unless it is clear that they were not necessary at the time they were incurred. Article L. 111-8 thus requires pro …

Costs caused by the enforcement proceedings of the claim

Pursuant to Article L. 111-8 of the Code of Civil Enforcement Procedures, except for proportional recovery or collection fees that may be partially charged to creditors under conditions set by decree in the Council of State, the costs of compulsory enforcement are borne by the debtor, unless it is clear that they were not necessary at the time they were incurred. Article L. 111-8 thus requires proportionality between the necessity to recover the debt and the amount of recovery costs , so that it is possible to charge the debtor for the costs of a payment order, even if the creditor did not pursue the forced sale of the property, as long as such an act was necessary to ensure the recovery of the debt . The judicial commissioner who acted in the recovery of sums due under enforceable titles and was mandated for this purpose is entitled to recover the costs and fees incurred from the debtor  due to the latter's resistance . Costs of a payment order can be charged to the debtor even in the absence of a judgment for their payment, as long as they were provided for in the authentic instrument constituting the enforceable title serving as the basis for the enforcement measure . Finally, a bank, as the seizing creditor, can charge the debtor for costs related to seizure and sale orders, seizure and sale reports, Béteille and Ficoba requests, obtaining extracts from the cadastral matrix and status from the prefecture's registration services, the report of unavailability of the registration certificate and its notification, and the request for seizure of wages, as long as these are costs related to compulsory enforcement .

In the context of eviction proceedings, the cost of the order to pay issued by the landlord remains the responsibility of the tenant, the seized debtor, as the performance of such an act is prescribed by law . The guarantor is also liable for the costs owed by the debtor. Thus, locksmith and moving expenses, expressly included as disbursements, which are the inevitable consequence of a pronounced eviction and whose amount does not exceed the usual prices, may be charged to the guarantor of the seized debtor .

In the context of a saisie-attribution (attachment order) procedure, the recovery costs resulting from the non-enforcement of a decision rendered against the debtor and the consultation of the Ficoba file must be borne by the debtor . The costs of an attachment order executed on a bank account with a negative balance are not unnecessary and can validly be charged to the debtor, as it is only after the issuance of the seizure act that the judicial commissioner could know the account's status, and a creditor can initiate a compulsory recovery procedure in the absence of spontaneous payment of the dues . The same applies to the costs of an attachment order that is neither null, abusive, nor unnecessary, after deducting the provisions for the costs of the certificate of non-contestation and service, which are not justified in the presence of a contestation . Conversely, the costs and proportional fees related to an unnecessary attachment order cannot be charged to the debtors .

In the context of a real property seizure procedure, the costs inherent to the procedure are borne by the purchaser of the property. The costs of compulsory enforcement borne by the debtor in the context of a real estate seizure refer to those incurred following a writ of execution to achieve compulsory enforcement and are not limited to the costs incurred within the framework of that real estate seizure procedure but extend to all costs of unsuccessful attempts at compulsory recovery of the debt under the writ of execution . A condominium association is entitled to obtain the conviction of a co-owner to pay the prosecution costs incurred during the issuance of the order to pay equivalent to seizure at the orientation judgment, which constitute the ancillary of the debt for the payment of which the measure was initiated . Furthermore, the seizing creditor, although satisfied with the principal causes of the order by the seized debtor, is entitled to continue the real estate seizure proceedings against the latter as long as he has not obtained the settlement of the prosecution costs, which constitute the ancillary of the debt . A debtor cannot invoke, to oppose the reimbursement of enforcement costs, the disproportionate nature of the real estate seizure measure carried out, as the payments he relies on only took place after his summons before the enforcement judge and at the time of the issuance of the order, the amount of the debt was EUR 20,000 and previous recovery attempts had failed . Finally, the seized debtor, owner of condominium units, must bear the costs of summons and opposition-sale carried out by a condominium association, seizing creditor, as they concern an act whose accomplishment is prescribed by law .

CA Nîmes, 23 November 2022, LawLex202300005226JBJ, emphasizing that a debtor is required to bear the recovery costs as long as the compulsory enforcement measure did not exceed what was necessary to obtain payment of their obligation, the amount of which was greater than these costs.

CA Dijon, 5 July 2016, LawLex202300004621JBJ.

CA Versailles, 23 February 2023, LawLex202300004840JBJ.

CA Douai, 28 May 2020, LawLex202300005752JBJ.

CA Montpellier, 16 January 2020, LawLex202300005707JBJ.

CA Montpellier, 20 October 2020, LawLex202300006011JBJ.

Cass. 2e civ., 7 December 2007, LawLex202300002842JBJ; 22 June 2017, LawLex202200011054JBJ; CA CA Paris, 21 April 2022, LawLex202300004845JBJ.

CA Paris, 21 April 2022, LawLex202300004845JBJ.

Cass. 3e civ., 16 May 2001, LawLex202300004786JBJ.

Cass. 2e civ., 6 March 2003, LawLex202200011055JBJ.

Cass. 2e civ., 28 June 2001, LawLex202300000760JBJ.

CA Montpellier, 29 October 2020, LawLex202300006131JBJ.

CA Bourges, 20 February 2020, LawLex202300006068JBJ.

Cass. 3e civ., 28 June 2018, LawLex202300004390JBJ.

Cass. 2e civ., 28 September 2000, LawLex202300004392JBJ.

Douai, 30 September 2021, LawLex202300005949JBJ; CA Amiens, 22 April 2021, LawLex202300004832JBJ; Bordeaux, 16 February 2023, LawLex202300004844JBJ.

CA Angers, 30 December 2019, LawLex202300005837JBJ.

5. Civil Enforcement Procedures

59. Costs caused by the enforcement proceedings of the claim

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59. Costs caused by the enforcement proceedings of the claim

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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