Knowing what to do if your ex-partner does not comply with the terms of the divorce

What is involved?

The “saisie sur compte bancaire” procedure consists of recovering the unpaid sums straight from your “débiteur’s” bank account.

The “saisie-vente” procedure consists of having the assets of the “débiteur” seized. They will then be sold to pay you the unpaid sums.

Is it fast?

The time it takes for you to receive payment will depend on the solvability of your “débiteur”. If the amount due to you is seized on the first seizure attempt, you should receive the amounts within three months.

Unfortunately, it may take much longer if the “débiteur” is not solvable.

Is there a cost?

You will have to pay for the services of the “huissier” yourself, which is why these procedures are generally not recommended. You will also need to repeat the “saisie” procedure every month if no payment is made. However, the fees may be covered if you have legal aid or “aide juridictionnelle”.

What steps should be taken?

You must call on a justice system officer known as a “huissier de justice”. You can find one near you in this directory.

You will need to provide them with:

• the official court document allocating you a financial contribution
• your bank account certificate, or “relevé d’identité bancaire (RIB)”
• a document in which you have noted the unpaid amounts. You will need to certify that it is accurate and sign it. To do this, you can use a sworn statement, for example. Please note: in the event of incorrect calculation of the sums claimed, you, as the applicant, may be held legally liable.

What’s next?

As part of a “saisie sur compte bancaire”, the “huissier” will send the payment request, known as the “acte de saisie”, straight to the bank of your “débiteur”.

• The “huissier” will inform your “débiteur” within eight days.
• Their bank account will be blocked for a maximum of 15 working days, during which time the bank will determine the amounts that can be seized and then unblock access to the bank accounts.

As part of a “saisie-vente”, the “huissier” will ask your “débiteur” to pay the sums due by sending them a document asking them to pay, known as an order to pay or “commandement de payer”.

• They will have eight days to make the payment.
• If payment has not been made within this period, the “huissier” will proceed with seizure of property. The property seized may be anything of value, with the exception of goods necessary for the life and work of the “débiteur” and their family.

What is involved?

The procedure known as “saisie sur salaire” involves recovering the unpaid amounts from the salary of your “débiteur”.

Is it fast?

On average, this procedure takes a lot longer because:

• it involves legal proceedings before the family court judge, or “Juge aux affaires familiales”
• the payment times vary considerably depending on the employer involved in the procedure.

On average, it takes between 6 and 18 months to recover the unpaid amounts.

Is there a cost?

Yes, but your “débiteur” will have to cover these costs. You will not have to pay anything.

What steps should be taken?

You must first request authorisation from the family judge known as the “Juge aux affaires familiales (JAF)” via a lawyer. If your resources are too limited to pay for their services, you can apply for legal aid or “aide juridictionnelle” to cover the costs.

Once authorised by the judge, you must hire a justice system officer or “huissier de justice” who will seize the sums to be paid to you directly from their salary. You can find one near you in this directory.

You will need to provide them with:

• the official court document allocating you a financial contribution
• your bank account certificate, or “relevé d’identité bancaire (RIB)”
• a document in which you have noted the unpaid amounts. You will need to certify that it is accurate and sign it. To do this, you can use a sworn statement, for example. Please note: in the event of incorrect calculation of the sums claimed, you, as the applicant, may be held legally liable.

What’s next?

The “huissier” will contact the employer of your “débiteur” to implement the “saisie sur salaire” procedure, within the limits set by law.