A decree published on February 12, 2025, fundamentally reorganizes the wage garnishment procedure in France. From July 1, 2025, the management of this enforcement measure will no longer fall under the jurisdiction of the judicial court clerks but will be entrusted to commissioners of justice, a profession resulting from the merger of bailiffs and judicial auctioneers. This reform aims to simplify and streamline the recovery of wage claims by centralizing all operations within a unique and secure digital register. From now on, when a creditor wishes to initiate a wage garnishment, they must contact a commissioner of justice. This commissioner will notify a payment order to the debtor, who will have one month to contest or settle the matter. If there is no dispute or amicable agreement, the procedure will continue with the issuance of a garnishment report to the employer, who will then be required to pay the garnished amounts not to the court but to a designated distributing commissioner of justice. This professional will be responsible for centralizing funds, registering claims in the digital register, and distributing funds among the different creditors according to legal rules. Ongoing procedures before July 1 will be automatically transferred to the commissioners of justice, and employers must cease all payments to the court clerks from that date. Creditors will have to confirm their intention to continue the procedure within three months. Despite this modernization, debtors’ rights are maintained: they retain the possibility to approach the enforcement judge in case of dispute, particularly regarding the amount garnished or respect for the debtor’s protected income. By establishing a more technical, de-judicialized, and digitized framework, this reform aims to improve the clarity and efficiency of the debt recovery system while safeguarding the rights of all parties.
