Enforceable title in Tunisia: definition, types, enforcement

Winning a case does not always mean getting paid. To compel a debtor, seize assets or obtain an eviction, Tunisian law requires a specific document: the enforceable title (titre exécutoire, السند التنفيذي). This guide explains what it covers, how to obtain it and how a judicial officer (huissier de justice) puts it into effect.

What is an enforceable title?

An enforceable title is the instrument that allows a creditor to resort to forced enforcement, with the assistance of the police where necessary. Without one, no seizure or eviction is possible, even when the debt appears undisputed.

The Code of Civil and Commercial Procedure (CPCC) states the rule clearly: a seizure for enforcement may only be carried out under an enforceable title and for a claim that is certain, liquid and due (Article 302).

This is the difference between proving a debt and recovering it. An invoice, an acknowledgement of debt or an unpaid cheque is evidence; on its own it does not allow you to freeze a bank account or seize property. It must first be turned into an enforceable title, through a judgment or a simplified procedure such as a payment order.

The main enforceable titles

Judgments and appellate decisions. They are enforceable when they bear the enforcement formula and have become final (force de chose jugée), or when provisional enforcement has been ordered (Article 286 CPCC). An appeal only suspends enforcement if it is filed within the legal time limits (Article 285).

Summary (urgent) orders. Issued in urgent matters, they are enforced quickly: the time given to the losing party is reduced to twenty-four hours (Article 287).

Payment orders (injonction de payer). For a fixed sum arising from a contract, or based on a cheque, bill of exchange or promissory note, the judge may issue an order on application, without a hearing (Articles 59 et seq.). The court registry affixes the enforcement formula, and the order is then served and enforced under the general enforcement rules (Articles 64 and 65). For unpaid cheques, see our guide on bounced cheques.

Court-approved settlements. A settlement agreement approved by the judge and bearing the enforcement formula allows seizure without a new lawsuit if it is not honoured. See court approval of a settlement.

Foreign decisions. A judgment given outside Tunisia can only be enforced after an exequatur decision by the Tunisian courts. See exequatur of foreign judgments.

The statute governing the profession entrusts judicial officers with the enforcement of judicial and administrative enforceable titles.

The enforceable copy and the enforcement formula

What the judicial officer enforces is not an ordinary copy of the judgment. The successful party is entitled to a single copy in enforceable form, known as the grosse, issued by the court registry (Article 252 CPCC).

This copy carries the enforcement formula (Article 253): it orders judicial officers to enforce the decision, and the public prosecutor and law-enforcement officers to assist when lawfully requested. The clerk records each enforceable copy issued, with its date and the recipient's name, in the margin of the original judgment (Article 255).

If the grosse is lost before enforcement, a second copy may be obtained by summary order, after the interested parties have been summoned and, in principle, against a security (Article 254). Keep the original safe.

From service to forced enforcement

Enforcement always begins with service of the title on the debtor. The judicial officer delivers the decision and calls on the debtor to comply within twenty days, reduced to twenty-four hours for summary orders; a protective seizure may be made as soon as service has taken place (Article 287).

The law also sets deadlines for the judicial officer: service within five days of receiving the title, and enforcement starting within ten days after the debtor's compliance period expires (Article 287 bis).

If payment is not made, the judicial officer may carry out forced enforcement measures: garnishment of a bank account (bank seizure), seizure of movable property, public auction or eviction. Several rules frame these operations:

• enforcement may not take place at night or on public holidays without the judge's authorisation (Article 291);
• movable property is pursued before real estate, except for secured claims (Article 304);
• certain assets necessary for the life of the debtor and family cannot be seized (Article 308);
• enforcement costs are borne by the losing party unless the law provides otherwise (Article 301).

Enforcement may be requested by the successful party, their legal representative, agent, lawyer or heirs (Article 288). Tunisians living abroad can therefore act through a power of attorney. For the detailed steps, see our guide on enforcing a judgment in Tunisia.

How long does a judgment remain enforceable?

A judgment lapses after twenty Gregorian years from the day it was given (Article 257 CPCC). After that, it can no longer be used as a basis for enforcement. It is nevertheless wise to act early: the more time passes, the harder it becomes to locate the debtor and their assets.

Checklist before handing your title to the judicial officer

For effective enforcement, gather:

• the original enforceable copy (grosse) of the judgment, order or approved settlement;
• proof that the decision is final (certificate of no appeal) or that provisional enforcement was ordered;
• the debtor's full identity and last known address;
• a statement of the sums awarded (principal, interest, costs);
• any useful information on the debtor's assets: bank, employer, vehicle, business premises;
• a power of attorney if you act on behalf of someone else or from abroad.

The office at your service in Greater Tunis

Maître Nabil Baffoun, judicial officer (huissier de justice) in Tunis since 1998, 32 avenue de la Liberté, Lafayette, 1002 Tunis, serves and enforces enforceable titles in Tunis, Ariana, Ben Arous and Manouba (see Tunis city centre, Ariana, Ben Arous, Manouba). See our fees or request a consultation on +216 99 442 883. The office assists you with rigour, with no commitment as to the outcome of the proceedings.