Scope of intervention of judicial officers

The Judicial Commissioner is a public and ministerial officer who acts primarily to record, serve and execute.

For Judicial Officers, draft a concise, educational presentation of a maximum of 8,000 characters, including the following sections in particular.

The judicial commissioner

Overview

The judicial commissioner is a public and ministerial officer appointed by the Keeper of the Seals. Since the July 1, 2022, this profession brings together the former professions of judicial officer and judicial auctioneer.

The commissioner of justice is responsible for giving official value to certain acts, enforcing court decisions, drawing up official reports, collecting debts and, in certain cases, promoting the amicable settlement of disputes.

His intervention can be requested by an individual, a company, a lawyer, or an administration.

Types of disputes handled

The judicial commissioner intervenes in particular in the following situations:

amicable or judicial debt collection ;
service of judicial and extrajudicial documents ;
enforcement of court decisions ;
reports (neighborhood, construction work, defects, water damage, abandoned worksite, Internet, SMS, posting, etc.); ;
tenant-landlord disputes ;
unpaid rent ;
eviction (in compliance with legal procedures); ;
trade disputes ;
inventories ;
judicial sales of personal property; ;
organization of certain voluntary sales; ;
protective measures ;
simplified small claims recovery procedure ;
conventional mediation and conciliation when it is formed in these amicable methods.

Situations outside their remit

In particular, the judicial commissioner cannot:

render a judgment ;
provide a legal opinion ;
represent the parties before all courts as a lawyer would; ;
act outside one's legal authority; ;
to cancel a contract or an administrative decision; ;
settle a criminal dispute instead of the judicial authorities.

Certain missions are subject to territorial jurisdiction or special rules.

How they can help

The judicial commissioner may intervene:

at his office; ;
at home or on business premises; ;
at the scene of an inspection ;
by phone ;
by email ;
via videoconference for certain discussions; ;
by mail.

Much of the preliminary paperwork can now be completed remotely.

Eligibility requirements

To request a judicial commissioner, it is generally advisable:

to clearly identify the dispute or assignment; ;
to provide the necessary supporting documents; ;
to share the contact details of the persons concerned; ;
to accept the fees when the assignment is not priced by regulations.

For forced execution, a enforceable title is in principle necessary, except in certain cases provided for by law.

How to find a judicial officer

You can find a commissioner of justice:

in an office near your home; ;
with the National Chamber of Judicial Commissioners; ;
with the competent regional chamber; ;
on the Internet; ;
upon the recommendation of a lawyer or a notary.

The choice is free when regulations do not provide for any specific territorial jurisdiction.

How to make a referral

Contact an office.
Explain the situation.
Forward the relevant documents.
Receive information about the mission, its cost, and the deadlines.
Give mandate or confirm the request.
Completion of the mission.
Delivery of official documents, report, or follow-up of the initiated procedure.

How the process works

Depending on the assigned mission, the commissioner of justice may:

analyze the documents ;
advise on the adapted procedure; ;
draw up an evidentiary report of high probative value; ;
serve a formal notice or an order when required by law; ;
to serve a legal document ;
seek an amicable settlement ;
collect a debt ;
implement the enforcement measures provided for by law; ;
serve a report or a record.

When acting in the context of an official report, he acts objectively and describes only what he observes.

Typical timeframes

Deadlines depend on the assignment:

scheduling an appointment: a few days; ;
urgent assessment: sometimes the same day; ;
classic observation: a few days; ;
service of a document: a few days; ;
amicable recovery: a few weeks to several months; ;
judicial enforcement: variable duration depending on the procedure and the debtor's situation.

Various possible outcomes

The intervention may result in:

an official record ;
a voluntary payment ;
an amicable agreement ;
the meaning of an act ;
the full execution of a court decision; ;
a partial execution; ;
a report of difficulties or deficiencies; ;
the inability to recover the debt in the event of the debtor's insolvency.

Possible next steps in case of failure

If the mission is unsuccessful, several solutions remain possible:

initiate or pursue legal proceedings ;
obtain an enforcement order if no judgment yet exists; ;
implement other enforcement measures where the law permits; ;
seek mediation or conciliation ;
consult a lawyer to define a litigation strategy.

Advantages and limitations

Benefits	Disadvantages
Public official guaranteeing the authenticity of certain documents	Some services can be expensive
High probative value of findings	Free rates may vary depending on the assignments
Ability to respond quickly in an emergency	Do not replace the judge or the lawyer
Collection and enforcement skills	Some missions require an enforceable title
May facilitate an out-of-court settlement	Enforcement measures can be lengthy if the debtor is insolvent
Regulated and supervised profession	Certain skills are subject to territorial rules

Main applicable texts

Ordinance No. 2016-728 of June 2, 2016 relating to the status of a judicial commissioner.
Decree No. 2019-1185 of November 15, 2019 relating to the training and conditions of practice of judicial officers.
Civil Enforcement Procedures Code.
Code of Civil Procedure.
Law No. 91-650 of July 9, 1991 (the provisions of which have been codified in the Civil Enforcement Procedures Code).
Commercial Code, for certain sales and commercial procedures.
Code of ethics of the profession of judicial officer.