What is the seizure on simplified wages, what does it change?

The noose tightens for those who do not pay their rent. Similarly, Since July 1. Therefore. Nevertheless, a decree of February 12 has allowed landlord owners to initiate a salary seizure procedure of their tenant in the event of unpaid rents via a court commissioner (former lawyer of justice), and no longer after a judge’s authorization, as was the case so far.

If the measure is considered to be “a new magnitude attack against the most fragile tenants” by the National Confederation. Moreover, of Housing (CNL). For example, the failing tenant retains one month to challenge or negotiate the injunction to pay.

The subject divides – What seizure simplified wages, what – What seizure simplified wages, what new

The new divides our readers. In addition, Asked about this. Moreover. For example, they consider for some that this measure “goes in the right direction”, is a “means what seizure simplified wages, what new of pressure” on the tenants in bad faith who do not pay their rent, or a way what seizure simplified wages, what of recalling “to pass his rent before other subsidiary expenses”.

On the other hand. Therefore, this simplification of procedures worries those who think of tenants, always more in difficulty in a fragile economic context. For example, “If they cannot pay their rent. Consequently. rather to seek an arrangement, a stagger or a delay with the tenants, the owners will use the entry automatically,” said Joseph. Meanwhile, “It can be the beginning of an infernal cycle of debt. Nevertheless, overdraft for tenants who will finish banking and on the street,” says Sandrine.

A procedure that remains long (and not so simple)

What exactly is this procedure? If the landlord owner no longer needs to go directly through a judge to initiate a salary entry from what seizure simplified wages. what what seizure simplified wages, what new the employer. he must still obtain an enforceable title (judgment, injunction to pay for final or notarial act) noting the rental debt. For this, he now goes through a court commissioner, who himself will appeal to the judge. But it can take several months.

Once the enforceable title has been recovered, the justice commissioner sends a command to pay to the tenant. The latter then has a month to reimburse the amount due. contest the seizure or to find an agreement with its owner. Without solution at the end of this period. the owner in turn has three months to confirm his desire to continue the referral procedure. The justice commissioner then awarded the employer to seize the employer.

The distributor justice commissioner receives the funds (previously received by the court office) from the employer to donate them to. Additionally, the lessor. When the entire debt is reimbursed. the justice commissioner can what seizure simplified wages, what new what seizure simplified wages, what decide the release of the seizure.

A levy scale according to the tenant’s resources

The procedure is therefore less simple than it seems. as David Rodrigues. lawyer and spokesperson for the Consumer Defense Association CLCV confirms: “In reality, this will not concern a lot of tenants since it will always take an enforceable title, a notarial lease. Suffice to say that if you rent by agency, there is little chance that you are concerned. Above all, the lawyer raises an important point: that of the funds available to the debtor tenant. The amount of entry is not automatically that of the amount due.

Indeed. the levy taken is made on the basis of a scale of the entries which takes into account the remuneration of the employee. Additionally, the composition of his home (people at his expense). “In addition. there is the elusive banking balance. that is to what seizure simplified wages, what new say the sum which must what seizure simplified wages, what be left minimum on the debtor account, and which is 642.52 euros, which corresponds to the amount of the RSA,” explains David Rodrigues.

“If it owes 600 euros, it can be seized for example by 80 euros. It therefore spreads the seizure over several months. The lawyer specifies that certain income is, by nature, elusive as the disabled adult allowance for example.

The measurement is still favorably welcomed on the side of the owners. Sylvain Grataloup. president what seizure simplified wages. what of UNPI France, believes that she is a part what seizure simplified wages, what new of “rare” who encourage donors to continue to be “in a particularly difficult context”. “It is both because the tenants. the owners all suffer from a defective purchasing power. ” he explains, “and because the rights are increasingly important in favor of the tenants to the detriment of the donors. »»

According to the specialist, in France, around 200,000 unpaid procedures are underway for 13 million real estate leases. According to the National Observatory of Unpaids, managed by an inter -ministerial delegation, the unpaid consultations “have exploded” since 2020.