Unpaid invoice or debt — France: how to get paid

Steps to Recover an Unpaid Debt or Invoice in France

Recovering an unpaid debt in France follows a structured, progressive approach — from informal contact to judicial enforcement. French law distinguishes between B2C debts (between a professional and a consumer) and B2B debts (between businesses), as the applicable rules and interest rates differ. The general process moves through three phases: amicable recovery, formal notice (mise en demeure), and, if necessary, court proceedings.

The primary judicial tool is the injonction de payer (order to pay), a fast-track, non-adversarial procedure governed by Articles 1405 to 1425 of the French Code of Civil Procedure (Code de procédure civile). The injonction de payer is a judicial procedure that is non-contradictory, meaning the debtor is not heard before the court issues the order. It is specifically designed to obtain an enforceable title (titre exécutoire) quickly and at low cost.

1. Send a payment reminder (relance amiable)
2. Issue a formal notice (mise en demeure) by registered letter
3. File a petition for an injonction de payer with the competent court
4. Have the court order served on the debtor by a commissaire de justice (formerly: huissier de justice)
5. If no opposition: obtain a definitive enforceable title and enforce it (bank seizure, wage garnishment, etc.)

Amicable Recovery (Relance Amiable)

Before any legal step, you must attempt to recover the debt amicably. This is not only good commercial practice — it is a practical prerequisite, since courts look unfavourably on creditors who skip this phase entirely.

What to do in practice

• Day 1 past due: Send a first payment reminder by email or post. Keep a paper trail — always.
• Day 8–15: Follow up by phone and send a second written reminder. Note the date, time, and content of any conversation.
• Day 20–30: If there is still no response or payment, escalate to a formal mise en demeure.

B2B late payment interest (statutory)

Under French commercial law (Law no. 2008-776 of 4 August 2008, known as loi LME, codified in Article L. 441-10 of the Code de commerce), late payment penalties between businesses apply automatically from the day following the due date, without any prior notice required. The rate must be at least 3 times the French legal interest rate, or the rate of the European Central Bank (ECB) main refinancing operations plus 10 percentage points — whichever applies per the contract. A flat-fee recovery indemnity of €40 is also due automatically per late invoice. Always check your contract and invoice for any specific rate agreed upon.

The Formal Notice (Mise en Demeure)

Sending a formal notice (lettre de mise en demeure) by which the creditor formally demands payment within a set deadline is a mandatory step before any injonction de payer can be validly requested. The deadline specified in the mise en demeure must have expired before you can file for an injonction de payer.

Mandatory content of a mise en demeure

A legally valid mise en demeure must include the following elements:

• Full identity of both parties (creditor and debtor: names, legal form if applicable, registered address)
• Precise amount claimed, broken down: principal, applicable interest, and the €40 flat-fee indemnity (if B2B)
• Legal or contractual basis for the claim (invoice number(s), contract reference, delivery note, etc.)
• A firm deadline to pay (typically 8 to 15 days)
• A warning that failure to pay will result in legal proceedings
• Date and signature of the creditor or their legal representative

How to send it

Always send the mise en demeure by registered letter with acknowledgement of receipt (lettre recommandée avec accusé de réception — LRAR). Keep the receipt. You may also send it by email, but LRAR is the only format that creates an irrefutable record of delivery for court purposes. Some creditors send it via a commissaire de justice for maximum legal force (acte extrajudiciaire).

Court Proceedings: The Injonction de Payer

Eligibility conditions

The debt must be certain (certaine), quantified (liquide), and due (exigible): without these three cumulative conditions, the petition is inadmissible. The procedure applies when the debt has a contractual basis or arises from a statutory obligation, and the amount is precisely determined. It is therefore not suitable for disputes over quality, damages to be assessed by an expert, or unliquidated claims.

Which court is competent?

The competent court is generally that of the debtor's domicile or registered office. Official forms to file the petition are available on the Service-Public website: Cerfa no. 12948*06 (for the tribunal judiciaire) and a specific form for the tribunal de commerce.

Step-by-step procedure

1. File the petition (requête): Submit two copies of the completed Cerfa form, together with all supporting documents (invoices, contract, delivery notes, correspondence, copy of the mise en demeure and its acknowledgement of receipt) to the court registry (greffe).
2. The judge decides ex parte: The judge reviews the file without summoning the debtor. If the claim is well-founded, they issue an ordonnance d'injonction de payer.
3. Service by a commissaire de justice: The order must be served on the debtor by a commissaire de justice (formerly known as a huissier de justice). Since the decree of 16 February 2026, the order must be served within 3 months of its issue (reduced from 6 months), failing which it lapses.
4. One-month opposition window: The debtor has one month from service to file an opposition (opposition). Without any reaction, the order becomes a definitive enforceable title allowing seizures.
5. If the debtor opposes: The case is referred to an ordinary audience (contested hearing). Both parties present their arguments and the judge rules in a standard judgment.
6. Enforcement: Once the order is definitive (no opposition or opposition rejected), the creditor can proceed with enforcement measures: bank account seizure (saisie-attribution), wage garnishment (saisie sur salaire), seizure of movable assets, etc., carried out by a commissaire de justice.

Official reference: service-public.fr — Recouvrement de dettes: injonction de payer | Official petition forms: Cerfa form — Tribunal judiciaire and Cerfa form — Tribunal de commerce.

Costs and Timelines

Costs

In practice, the total out-of-pocket cost for a straightforward injonction de payer without a lawyer ranges from €80 to €120 (service fees included). These costs can be included in the claim and charged to the debtor if successful.

Timelines

Between exhausted amicable reminders and a hearing before a tribunal de commerce through a standard assignment (assignation), an average of 6 to 10 months passes to recover a B2B unpaid invoice. The injonction de payer shortens this to 2 to 3 months when no opposition is raised.

Statutory late payment interest rates (2025–2026)

These are the legal interest rates (taux d'intérêt légal) applicable in the absence of a contractually agreed rate. The data used to set these rates comes from the Banque de France and is updated every six months. For B2B commercial late payment penalties (pénalités de retard LME), a separate, higher rate applies by law (minimum: ECB rate + 10 points). Always verify the current rate on economie.gouv.fr or legifrance.gouv.fr.

FAQ

Is a lawyer mandatory to file an injonction de payer?

No. The petition for an injonction de payer can be filed directly by the creditor themselves, or through an authorised representative such as a commissaire de justice or any other service provider. However, legal representation becomes advisable — and may even be required — if the debtor files an opposition and the case moves to a full contested hearing before a court, especially before the tribunal judiciaire for higher amounts or complex matters.

What happens if the debtor files an opposition (opposition)?

If the debtor files an opposition within one month of being served the order, the injonction de payer procedure is discontinued and the case is automatically referred to an ordinary contradictory hearing (audience de jugement). Both parties are summoned, present their arguments and evidence, and the judge rules through a standard enforceable judgment. This adds several months to the process. If the opposition is ultimately rejected by the court, the creditor obtains a judgment that is directly enforceable, and the debtor may be ordered to pay legal costs.

Is there a minimum or maximum amount for an injonction de payer?

There is no minimum amount: the procedure is theoretically available for any certain, quantified, and due debt, regardless of size. There is also no statutory upper limit: large commercial debts can be recovered this way. However, for very high amounts or structurally disputed debts, creditors often prefer a direct assignation en justice (formal summons) to avoid the risk of an opposition sending the case back to the start. Note that the choice of court (civil vs. commercial) depends on the nature of the parties and the debt, not on the amount.

What if the debtor is insolvent or subject to insolvency proceedings (procédure collective)?

If the debtor company is placed under sauvegarde, redressement judiciaire, or liquidation judiciaire, the ordinary rules for individual debt recovery are suspended by law (arrêt des poursuites individuelles, Article L. 622-21 of the Code de commerce). You must instead declare your claim (déclaration de créance) with the court-appointed administrator (mandataire judiciaire) within strict time limits — generally 2 months from publication of the judgment opening proceedings in the BODACC (official commercial gazette, freely searchable at bodacc.fr). Failure to declare in time results in the debt being extinguished. An injonction de payer is inadmissible against a debtor already subject to a procédure collective.