Judicial officers in Mali: recovering a debt, recording facts, enforcing a judgment
Since law no. 2026-027 of 15 July 2026, the commissaire de justice (judicial officer) replaces Mali's former bailiff profession. What they can do for a business: amicable or court-based debt recovery, official reports of findings, service of documents, enforcement of judgments, auctions.
A customer who won't pay, damaged premises to be recorded, a judgment to be enforced: in Mali, the person who steps in is the commissaire de justice (judicial officer). Law no. 2026-027 of 15 July 2026 created this profession, which replaces that of huissier-commissaire de justice (bailiff). Here is what it changes for a business or an individual, based on the text published in the Official Journal.
Key points (text checked on 19 October 2026)
- The commissaire de justice is a public and ministerial officer. Only they can serve documents and enforce court decisions.
- They can carry out amicable or court-based recovery of any debt and draw up official reports of findings at anyone's request.
- Their documents are authentic until challenged for forgery (inscription de faux).
- They cannot refuse to act when lawfully requested, and may charge only the fees set by the regulations.
What they do
Article 1 of the law entrusts them with the public service of service of process and enforcement. In practice they:
- serve documents and writs, and make the notifications required by law when no other method is specified;
- enforce court decisions, judicial acts and enforceable titles, with, where needed, the support of the public authorities and the police (article 7);
- value and auction movable property, including goods seized at the request of the State Property, Tax or Customs services, and decommissioned property of the State and local authorities;
- carry out inventories and valuations in estates and insolvency proceedings;
- supervise the opening of bids for competitive tenders and sealed-bid sales.
What they can do for a business
Article 2 adds two missions useful day to day:
- amicable or court-based recovery of any debt: out of court, before any lawsuit, or by enforcing a title obtained in court;
- official reports (constats): at the request of an individual or a company, they record purely material facts (condition of premises, faulty delivery, occupation of land), without giving an opinion on their consequences. They can also be appointed escrow holder (séquestre).
Their documents carry special weight: they are authentic until challenged for forgery, a heavy procedure that makes them hard to dispute.
Their obligations to you
| Rule | Article |
|---|---|
| They cannot refuse to act when lawfully requested, except if prevented; an unjustified refusal or delay exposes them to disciplinary sanctions and a claim for damages | 42 |
| They may charge only the fees and emoluments set by the regulations | 41 |
| They cannot buy property they are in charge of selling, nor disputed rights in proceedings they handled | 41 |
| They cannot act for themselves or their family (up to the fourth degree) | 43 |
Every document must show the date, the identification of the parties, and the commissaire de justice's signature and stamp (article 3).
Where to find one
The law provides for at least one commissaire de justice office in the jurisdiction of each first-instance civil court. Their competence covers the jurisdiction of the court of appeal where they reside; for voluntary sales, it is nationwide (article 3). The profession is organised in a National Order of Commissaires de Justice, with regional chambers.
Going further
- Renting out a property and handling unpaid rent: renting out your property in Bamako.
- Securing a land purchase before any dispute: buying land safely.
- Challenging a public contract award: public procurement, thresholds and appeals.
Frequently asked questions
What is the difference between a bailiff and a commissaire de justice in Mali?
Since law no. 2026-027 of 15 July 2026, the profession of huissier-commissaire de justice has been replaced by that of commissaire de justice, with the same service and enforcement functions, plus debt recovery and official reports.
Can a commissaire de justice recover an unpaid invoice?
Yes: the law authorises them to carry out amicable or court-based recovery of any debt.
Can I get an official report without going to court?
Yes: they can draw up purely factual reports at the request of any individual or company.
Official source (checked on 19 October 2026)
- Official Journal of the Republic of Mali no. 16 of 24 July 2026, law no. 2026-027 of 15 July 2026 on the status of commissaires de justice (French), articles 1 to 8 and 41 to 43.