French bailiff in Paris for international matters
The french bailiff is internationally competent for notification, transmission and services of foreign acts.
He can serve a european act to someone leaving in France (debtor, claimant…) and send requests of service to the others countries.
The bailiff can enforce a foreign title that is already enforceable in the home country.
The SCP LAUDE DESSARD, bailiff in Paris is a french office which is competent for foreign acts to be serve in or from France.
You can contact us for more information or for a specific request by the form below.
The European Enforcement Order is a decision which can be applied in Europe without the authorization of a judge. The decision has to be a judicial decision, a court transcript, or a authentic instrument. A certificate is delivered if the decision is enforceable in your home country. If it’s turn out that you are in France and you need the enforcement of a decision, you can call for a bailiff who is the only public officer in charge of the execution of foreign decisions in France. The french bailiff will be in charge of the enforcement of the decision in your possession as if it was in your own country. He is the only person who can enforce a judgment from an European or foreign country.
A simplified procedure is used in european countries to obtain a payment order from a country to another (european regulation CE N°1896/2006 from december 12th 2006 and articles 1424-1 and followings from the French procedure civile code). The payment order delivered from a european country can be enforced in France if the debt is not disputed by the defendant. The debt has to be definitive to be executory. The payment order has to be produced by a judge. For that, there is a form to be filled on the website called “Atlas judiciaire européen en matière civile”. You will need a bailiff to serve the decision to the defendant.
After being served the decision, the defendant may challenge the decision before the home jurisdiction up to 30 days. The enforceable decision can be directly applied in France without any further procedure. In France, a bailiff is the a public officer who can enforce the decision to obtain for you a payment from your debtor if he do not voluntarily execute the decision.
The enforcement of a foreign decision is not automatic. The “exequatur” is a procedure providing a foreign decision the statute of an executory decision. To be executed in a foreign country, a decision from a home country has to be enforced by a judge from the host country. It is the only way to obtain the the legal effects of the decision in a different country. In French law, article 509 of the procedure and civil code provides that “a judgment given by a foreign court and foreign acts received by foreign officers are enforceable on the French territory under the french law”. These legal provisions are applied when there is no international convention that organize the conditions of recognition and enforcement of a foreign decision.
The request is submitted to the registrar-chief of the court. With regard to international law, the french judge will have to figure out if, to accept the request, the foreign decision is in accordance with the french law and the international law of procedure. Then, the decision is enforceable in France. The bailiff is a public officer who will serve the court decision to the defendant. When the judge accept the request, the decision can also be enforced if the defendant do not respect the terms of the foreign act or judicial decision. It is the role of the bailiff to enforce the foreign decision once it has been exequaturated by a french judge. He has the monopoly on such matters. He can advise you and find the better solution to make the judicial order respected.
The acts from and to foreign countries can be served by a french bailiff. Most civil and commercial acts have to be served to the defendant by the bailiff who is a public officer in charge of this specific matters. In general, international conventions such as the règlement (CE) n° 1393/2007 or the “LA HAYE convention” of November 15th 1965 provides a procedural context for each country to serve an act from/ to another country (see the link below). We will observe the formalities to accomplish and will let you know by an act the achievement of the procedure.
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