Ministerial Order determining the Scale of Fees for Professional Bailiffs

Citation
Ministerial Order 23 of 2017
Date
23 October 2017
Language
English
Type
Legislation
Rwanda

Ministerial Order determining the Scale of Fees for Professional Bailiffs

Ministerial Order 23 of 2017

The Minister of Justice/Attorney General;Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 121, 122 and 176;Pursuant to Law nº 12/2013 of 22/03/2013 governing the Bailiff function, especially in Article 37;Having reviewed Ministerial Order nº 003/08.11 of 11/02/2014 determining the scale of fees for the professional bailiffs;After consideration and approval by the Cabinet, in its session of 04/10/2017;HEREBY ORDERS:

Article One – Purpose of this Order

This Order determines the scale of fees for professional bailiffs.

Article 2 – Definitions

In this Order, the following terms have the following meaning:1°scale: amount of the professional bailiff’s fees which must be the basis for payment of the acts accomplished during the execution of court decisions and decisions of the Mediation Committee, as well as enforcement orders bearing the enforcement formula;2°voluntary execution of a court decision or another act: an act of a debtor, on own free will, to execute a judicial or administrative decision, contractual or legal obligations or any other enforcement order, after being aware of such acts or after being notified thereof;3°compulsory execution of a court decision or other act: an act of forcing a debtor to execute a judicial or administrative decision, contractual or legal obligations or any other enforcement order, in case of lack of the debtor’s free will or non-valid reasons of non-execution after being aware of such acts or after being notified thereof;4°professional bailiff: any person authorized by law to enforce court decision and other enforcement order bearing enforcement formula and to carry out other acts falling within his/her powers.

Article 3 – Fees for amicable debt recovery

Fees for a professional bailiff who facilitates parties to certify a document on the amicable execution of judgment between them is twenty thousand Rwandan francs (FRW 20,000) paid by the person who requested for the service.

Article 4 – Fees for compulsory debt recovery

Fees for compulsory debt recovery, through public auction based on a contractual, legal obligation or a judicial, administrative decision or on any other enforcement order are equivalent to five percent (5%) of the debt value.However, if five percent (5%) of the debt value:1ºis less than three hundred thousand Rwandan francs (FRW 300,000), fees for debt recovery shall not be less than three hundred thousand Rwandan francs (FRW 300,000);2ºis more than fifteen million Rwandan francs (FRW 15,000,000), fees for debt recovery shall not exceed fifteen million Rwandan francs (FRW 15,000,000).

Article 5 – Fees for acts of undetermined value

Fees for a professional bailiff who carries out an act of forced execution of a court decision or any other enforcement order in relation to an act whose value is undetermined may not exceed one million Rwandan francs (FRW 1,000,000).

Article 6 – Fees for specific acts of a professional bailiff

Fees for specific acts of a professional bailiff are fixed as follows:1°consultation fee: ten thousand Rwandan francs (FRW 10,000);2°notification of a claim and submissions of parties: twenty thousand Rwandan francs (FRW 20,000);3°notification of a judgment rendered in absentia: fifty thousand Rwandan francs (FRW 50,000);4°notification of a writ for provisional or final seizure by garnishment: fifty thousand Rwandan francs (FRW 50,000);5°notification of the court order to pay: fifty thousand Rwandan francs (FRW 50,000);6°to request the President of the court to hire an expert in property valuation: fifty thousand Rwandan francs (FRW 50,000);7°to obtain copies of judgments or decisions of Abunzi committees, copies or extracts of items contained in the judicial file from the court registrar offices or the Abunzi Committee, upon request by the interested person: fifty thousand Rwandan francs (FRW 50,000);8°to request for order to conduct public auction from the President of the competent court: fifty thousand Rwandan francs (FRW 50,000);9°to prepare a writ of attachment of the movable or immovable property with aim to execute a judicial, Abunzi Committee or an administrative decision which bears enforcement formula: fifty thousand Rwandan francs (FRW 50,000);10°to carry out the public auction after seizure of movable or immovable property: one hundred fifty thousand Rwandan francs (FRW 150,000);11°to carry out public auction of movable or immovable property located in different areas: one hundred fifty thousand Rwandan francs (FRW 150,000) per each auction;12°notification of any other document specified by law but not provided for in this Order relating to the execution of the judgment: fifty thousand Rwandan francs (FRW 50,000);An act mentioned in Paragraph One of this Article carried out by the bailiff is not paid for separately if the person executing the judgment is entitled to fees provided for in Articles 4 and 5 of this Order.

Article 7 – Fees for partly accomplished act of recovery

In case a bailiff starts an activity of compulsory recovery on a movable or immovable property, on the basis of contractual or legal obligations, judicial or administrative decision or other enforcement orders and the losing party manifests the willingness to pay and respects it, the bailiff is only paid fees equivalent to the acts already accomplished.If the bailiff begins compulsory execution of a judgment and does not continue due to different grounds while he/she was paid a certain amount, the new bailiff begins from where his/her predecessor had stopped and he/she is only paid for the acts he has accomplished.

Article 8 – A person to pay fees of a bailiff

Fees for a bailiff as well as all acts carried out during the compulsory execution of a judgment are paid by the losing party in addition to the recoverable amount. However, the losing party is not liable for transport fees, meals and accommodation of the bailiff.

Article 9 – Contract between a bailiff and a party requesting the enforcement of a court decision

A bailiff and a party requesting the enforcement of a court decision must conclude a written contract specifying the bailiff’s mandate and fees agreed upon and each party must keep a copy of the contract.A copy of that contract between the bailiff and the party requesting the enforcement of a court decision is attached to a court order compelling the debtor to pay and it is provided to him/her by the bailiff.

Article 10 – Fees based on a contract with a public or private institution

Fees for a bailiff based on a contract relating to duties of executing court decisions and enforcement orders bearing the enforcement formula that he/she may conclude with a public or private institution are provided for in that contract.

Article 11 – Repealing provision

Ministerial Order nº 003/08.11 of 11/02/2014 determining the scale of fees for professional bailiffs and all prior provisions contrary to this Order are repealed.

Article 12 – Commencement

This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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History of this document

23 October 2017 this version
Assented to
Commenced