Frequently Asked Questions (FAQ) & Legal Procedures
Official, authoritative answers on judgment enforcement, inheritance protection, tenant eviction, bailiff inspection reports, and debt collection in Tunisia.
What should you know before instructing a judicial bailiff in Tunisia?
A judicial bailiff (huissier de justice, عدل منفذ) is a public officer governed by Organic Law No. 2018-9 of 30 January 2018. The bailiff serves judicial and extrajudicial acts, enforces judgments, draws up inspection reports and recovers debts; a different profession from the notary (عدل إشهاد), who drafts deeds agreed between the parties. Bailiff reports are conclusive as to the material facts the bailiff personally observed until challenged for forgery, and service by a bailiff gives the act a certain date and starts appeal deadlines. Fees follow the tariff set by the joint order of 25 June 2021 (JORT No. 55 of 29 June 2021); advisory work or mediation is billed under a fee agreement made in advance. In a request, state the type of act, the address concerned and your deadlines, and attach the relevant documents. From abroad, the file can be followed remotely, and a special power of attorney signed at a Tunisian consulate is sufficient for enforcement.
How can I enforce a court judgment in Tunisia from abroad?
To enforce a judgment in Tunisia while living abroad, you instruct a sworn judicial bailiff (huissier de justice) with territorial competence and send him the executory copy of the judgment (grosse exécutoire). The bailiff formally serves the title on the debtor with a command to pay or comply, then takes the appropriate enforcement measures: bank account garnishment, salary attachment through the employer, seizure of vehicles, or eviction. You do not need to travel: the file is opened by WhatsApp or email, and a special power of attorney signed at a Tunisian consulate is sufficient for enforcement proceedings. For a foreign judgment (divorce, custody, debt), a lawyer must first obtain exequatur from the Tunisian Court of First Instance (Private International Law Code, Art. 11 et seq.) before the bailiff can enforce it.
Inheritance in Tunisia while living abroad: how to protect your estate rights?
Under Tunisian law, heirs living abroad hold exactly the same rights as heirs living in Tunisia. Distance, however, exposes them to blocked partitions, misappropriation or occupation of estate property by a co-heir or a third party. If a dispute arises, a judicial bailiff protects your share at every stage: he draws up an official inventory report, with photographs, of the real estate, movable assets and estate documents; he serves formal notices (mises en demeure) on recalcitrant co-heirs or unauthorized occupants, requiring them to vacate or account for their management; and he enforces court partition or eviction judgments, recovers the keys and, where ordered, organizes the public auction. All of these steps can be followed remotely, with written reports and certified scanned copies.
How do you legally evict a non-paying tenant in Tunisia?
In Tunisia, landlords are strictly prohibited from taking the law into their own hands: cutting water or electricity or changing the locks can lead to criminal liability. The legal procedure has three steps. 1) A bailiff serves a formal payment notice (sommation de payer), giving the tenant 15 to 30 days to pay the arrears. 2) If the tenant still does not pay, the landlord obtains, with a lawyer, a court judgment terminating the lease and ordering eviction. 3) The bailiff serves the judgment and an order to vacate, then carries out the physical eviction with law enforcement assistance where needed. A report records the condition of the premises, and the keys are handed back to the owner. The whole procedure can be followed remotely by landlords living abroad.
How does debt collection work in Tunisia for foreign and local creditors?
Debt recovery in Tunisia has two phases. First, an amicable phase: a sworn bailiff serves a formal demand on the debtor, which interrupts the statutory limitation period, gives the claim a certain date and opens negotiation of a payment schedule. Second, if the debtor fails to settle, a judicial phase: we apply for a summary order to pay (injonction de payer), a fast-track procedure when the debt is documented (accepted invoice, check, bill of exchange, acknowledgment of debt), or bring proceedings on the merits. Once an enforceable title is granted, the bailiff serves it and enforces it through bank garnishment (saisie-arrêt), vehicle attachment and inventory seizure, followed by sale at public auction. Foreign creditors can instruct the office directly and follow the file remotely.
What is the evidentiary weight of a bailiff report (constat d'huissier) in Tunisia?
A bailiff inspection report (constat d'huissier) in Tunisia is an authentic act drawn up by a sworn public officer under Organic Law 2018-9 (Article 13). The material facts the bailiff personally observed are conclusive until successfully challenged for forgery (inscription de faux) before Tunisian courts. The bailiff attends in person, describes the facts neutrally, without giving a technical or legal opinion, and attaches photographs to the report, which records the date and time. Reports are used for construction defects, water and fire damage, neighbor disputes, contractual breaches and digital infringements (SMS, WhatsApp, web pages, social media). As an authentic act, it is among the strongest forms of evidence before Tunisian courts and insurance companies. It should be drawn up quickly, before the situation changes.
What is formal bailiff service (signification) under Tunisian civil procedure?
Formal service by a judicial bailiff is the method of notification in Tunisia that gives the delivery a certain date and records the recipient's identity in a report that is conclusive until successfully challenged for forgery (inscription de faux). It is used for court summonses, judgment notifications, lease terminations and formal demand letters. Bailiff service starts the statutory limitation and appeal deadlines and limits the risk of procedural nullity. The Code of Civil and Commercial Procedure (Articles 8 to 10) sets out how the act is delivered: to the recipient in person, at home to a relative or employee, or by deposit with a notice of the visit; the act takes effect even if the recipient refuses it. In Greater Tunis, the office usually handles urgent service within 24 to 48 hours.
How are commercial contracts and arbitration awards enforced in Tunisia?
To enforce an arbitration award in Tunisia, whether domestic or international (ICC, ICSID or ad hoc), an exequatur order must first be obtained from the competent court, the President of the Court of First Instance or of the Court of Appeal depending on the case. That order makes the award enforceable in Tunisia. For an unpaid commercial contract, the creditor generally first obtains an enforceable title through an order to pay or a court judgment. The judicial officer then takes over: he serves the award or decision on the debtor company and carries out conservatory or executory attachments on its assets, bank accounts and receivables held by third parties, in order to satisfy the creditor. The office assists Tunisian and multinational companies throughout this enforcement phase.
Can I instruct a judicial bailiff in Tunis remotely without traveling?
Yes. Cabinet Maître Nabil Baffoun offers a fully remote service for Tunisians living abroad and international clients in Europe, North America, the Middle East and beyond. You open the case file via WhatsApp or secure email and send the required documents electronically. For enforcement proceedings, a special power of attorney signed at the Tunisian consulate in your country of residence is sufficient. The acts themselves are carried out locally: service of process, inspection reports, payment demands, attachments or evictions. At each step you receive a written progress report together with certified scanned copies of the acts, and the originals can be sent to you by post. You therefore do not need to travel to Tunisia to assert your rights.
How are bailiff fees and regulated tariffs set in Tunisia?
Bailiff emoluments in Tunisia are strictly regulated by the joint order (arrêté) of the Ministers of Justice and Finance of 25 June 2021 (JORT No. 55 of 29 June 2021), which sets the official tariff schedule. Fees are therefore transparent, official and predictable, and depend on the type of act: service of process, inspection report, formal demand, command to pay or enforcement measure. Every payment is confirmed by a detailed official receipt. Some assignments fall outside the tariff, such as advisory work, complex asset tracing or mediation; for those, fees are set by an agreement made with the client in advance. Before any action, the office provides a clear cost estimate. The per-act fee table is published in our guide to bailiff fees in Tunisia (in French).
What is the difference between a judicial bailiff and a notary in Tunisia?
Under Tunisian law, a judicial bailiff (huissier de justice, عدل منفذ, Organic Law 2018-9) is the public officer responsible for serving judicial and extrajudicial acts, enforcing judgments and enforceable titles, drawing up material and digital inspection reports, and recovering contested debts. A notary (notaire, عدل إشهاد, Law 94-60) drafts authentic deeds agreed between the parties, such as marriage contracts, real estate sales and donations. The two professions are distinct and do not replace each other: the notary helps parties conclude an agreement, while the bailiff enforces rights or records facts. For litigation, unpaid debts, formal demands, evictions or urgent evidence in Tunis, a judicial bailiff is required. Maître Nabil Baffoun has practised as a judicial bailiff in Tunis since 1998.
How to contact the office of Maître Nabil Baffoun in Tunis?
Our office is centrally located at 32 Avenue de la Liberté, Lafayette, 1002 Tunis. You can contact Maître Nabil Baffoun directly by phone or WhatsApp at (+216) 99 442 883, by email, or through our online consultation form. For an urgent request (service of process, inspection report, enforcement), state the type of act, the address concerned and your deadlines, and attach the relevant documents: judgment, invoice, contract or screenshots. Clients living abroad can open and follow their file entirely remotely, with a written report at each step. The office acts directly in Greater Tunis (Tunis, Ariana, Ben Arous, Manouba) and coordinates acts in other regions with colleague bailiffs who have territorial competence there. Maître Baffoun has practised in Tunis since 1998.