Decree No. 2026-96 of 16 February 2026 introduces significant changes to three debt recovery procedures: the order to pay, the attachment of earnings, and the attachment of bank accounts. Here are the key points to note.
An expedited order for payment
The time limit for serving the order for payment has been reduced from six to three months. Once this period has expired, the order is deemed void: creditors must therefore exercise greater vigilance.
The procedure is also changing in terms of its underlying logic: the court registry will no longer automatically issue a certificate of no opposition (CNO). From now on, it is the absence of a notice of opposition within two months of service that allows the creditor to proceed with enforcement proceedings. A mandatory two-month period must therefore elapse before any enforcement measures can be taken.
Payroll data entry: technical adjustments
Since the procedure was taken out of the courts in July 2025, a number of practical difficulties have been identified. The decree addresses this by, in particular, allowing court registries responsible for wage garnishments to access the digital register of seizures, thereby putting an end to an unreliable practice based solely on the debtor’s declaration.
Bank attachment orders: moving towards digitalisation
All communications between court officers and banks in connection with a garnishment order will now take place exclusively by electronic means. This marks a concrete step towards the full digitisation of enforcement procedures.
Entry into force
The decree came into force on 1 April 2026. The new rules on payment orders apply to orders made on or after 1 September 2026.
These developments call for a change in practice, both for creditors and their legal advisers. Please do not hesitate to contact the firm if you have any questions regarding debt recovery proceedings.