Secondary activities of the judicial officer

In addition to carrying out enforcement procedures, judicial officers also perform secondary activities. They offer a wide range of services to their clients. 

1. Voluntary auction

A judicial officer may conduct an auction of movable or immovable assets at the request of the owner or person entitled to dispose of the asset.

2. Drawing up the judicial officer's deed

The judicial officer shall draw up a judicial officer's deed evidencing the factual event or the state of affairs (fulfilment of a debt, the state of immovable property, etc.). The judicial officer's deed is a public document. 

3.Drawing up a insolvency petition

Judicial officers are among the qualified persons who can draw up and file on behalf of debtors a petition for authorisation of debt relief, which is filed together with the insolvency petition. 

4. Legal aid

Judicial officers provide qualified legal assistance (drafting documents, legal advice, legal research, representation in proceedings):

  • to the creditor or debtor after the enforcement title has been issued, or
  • in connection with enforcement procedures and other activities (voluntary auctions, escrows, etc.)

5. Escrows

Judicial officers shall take custody of money, documents and other movable property. They shall only take custody in connection with enforcement, judicial or other procedures.

6. Notice of reservation of the right to challenge the voidness of a legal transaction

Judicial officers at the request of the creditor:

  • take on record the creditor's reservation of the right to challenge the voidness of the legal transaction and deliver it to the debtor in a qualified manner,
  • deliver in a qualified manner a notification drawn up by the creditor of his reservation of the right to invoke the voidness of a legal transaction under the Civil Code.

7. Others

  • performance of activities ordered by a court or other authority (court commissioner, law enforcement authorities, etc.), e.g. service of documents, activities of a bailiff, identification of property subject to seizure in criminal proceedings,
  • administration of property seized in criminal proceedings