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THE STATEMENT OF FACTS
Activities resulting from the bailiff’s monopoly are subject to a fee fixed on a basic rate, proportional to the credit or debt in accordance with the Decree of 12 December 1996 Official Journal of 13 December 1996 : the text has been inserted into the New Code of Civil Procedure,
In some areas of activity, the fees can be freely agreed between the bailiff and the client : legal consultations, private agreements, certified reports of statements of fact etc.
Whatever the nature of the assignment confided in the bailiff, s/he is able to give an estimate free of charge. S/He is bound to give the parties a detailed breakdown of fees. A receipt must be given in return for any payment in cash made to the bailiff.
Before providing services the bailiff may request payment of an advance in order to cover costs. S/he has the right to retain any documents until full payment of fees and costs has been made.
When a request for payment of a sum of money results from an amicable recovery, the bailiff only demands payment of the amount actually due from the debtor, subject to the anything stated to the contrary in the contract. The bailiff’s fees are payable by the claimant.
If an action results from a court decision, the enforcement costs are payable by the debtor save if s/he is insolvent in which case they become payable by the creditor.
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