Debt collection agency in France: fees, limits, must you pay?

A debt collection agency writes to you, calls you, and demands the debt plus "file fees". The tone hardens, and the letter mentions court or seizure. Before you pay anything, check what it is actually allowed to demand. A lawyer reviews your situation in 20 minutes on Avocat20min.fr.

This article explains what a debt collection agency can do, what it cannot do, and how to reply without putting yourself in the wrong.

Who is this debt collection agency?

It is an intermediary. Your creditor (a bank, a phone operator, an energy supplier, an online seller) gives it a written mandate to recover the money out of court.

The debt collection agency therefore acts on the creditor's behalf. It does not become a judge, and it has no more rights than the creditor.

A commissaire de justice (court enforcement officer) can also carry out amicable recovery. That is not yet a seizure: without an enforceable title, the officer acts as an intermediary, under the same rules on fees.

What it can do

Amicable recovery remains a matter of persuasion. According to service-public, a debt collection agency can:

• send you letters and emails;
• phone you;
• come to your home;
• offer you a payment schedule or a reduction.

These contacts have a limit. Repeated and malicious calls or visits can be penalised. Write down the dates, times and what was said: those notes will help if you complain or go to a judge.

What it cannot do

A debt collection agency has no power of forced enforcement. In practice, it cannot:

• seize your wages, your bank account or your furniture;
• enter your home without your consent;
• charge you its own fees;
• make you believe that court proceedings exist when there are none.

A seizure requires an enforceable title, for example a judgment or an order for payment. Only an enforcement officer can then carry it out. Our guide to wage garnishment details that stage, which never comes without a prior decision.

Fees: you do not have to pay them

This is the most useful rule to know. Article L111-8 of the French Code of Civil Enforcement Procedures puts the costs of amicable recovery on the creditor.

Letters, registered mail, calls, "file fees": none of this can be charged to you. You owe the debt itself, with the interest provided by the contract or by law, but not the cost of chasing it. The same rule applies when an enforcement officer chases payment amicably, without a court decision.

The DGCCRF, the French consumer protection authority, penalises several practices in the sector, including:

• claiming "ancillary fees" or "deed fees";
• adding fees presented as a penalty;
• blurring the line between amicable and court recovery, for example by mentioning an order for payment that does not exist.

Do not confuse them with other charges

Some sums remain legitimate. For an unpaid consumer loan, the lender can claim the outstanding capital, the interest due and a penalty capped at 8% of the outstanding capital.

The €40 flat recovery fee, for its part, only applies to invoices between businesses. It does not apply to a private individual. Our article on the unpaid invoice describes that business-to-business regime.

The debt collection agency's letter: required wording

The first formal demand letter must contain several items of information (article R124-4 of the Code of Civil Enforcement Procedures):

• the agency's name and address, stating that it carries out amicable debt recovery;
• the creditor's name and address;
• the origin and amount of the debt, separating the principal, the interest and other charges;
• the obligation to pay and how to pay;
• the text of paragraphs 2 and 3 of article L111-8, which restate the rule on fees.

Each reminder must then repeat the reference and date of that first letter. A letter that leaves out the creditor's name or the origin of the debt does not let you check the claim. In that case, ask for the supporting documents in writing.

Should you pay the debt collection agency?

The answer depends on the debt, not on the tone of the letter. Ask yourself three questions.

Does the debt really exist?

Ask for the contract, the invoices and a statement of account. A mistaken identity, an invoice already paid or a cancelled subscription happen more often than people think. As long as the debt collection agency proves nothing, you can dispute the claim in writing.

Does the amount look right?

Remove every recovery fee, since none of them falls on you. Check the interest and penalties against the contract. Pay only the part you accept, and keep proof of each payment.

Is the debt time-barred?

An old debt may be time-barred. Between a business and a consumer, the period is in principle two years (article L218-2 of the Consumer Code). It drops to one year for phone and internet bills. Our guide to the debt limitation period gives the other deadlines.

Be careful: a partial payment may be treated as acknowledging the debt. Before paying anything towards an old debt, have its date checked.

Amicable or forced recovery: who can do what

The dividing line comes down to one thing: the enforceable title. Without it, nobody can seize your property, whoever sends the letter.

Who	Without an enforceable title	With an enforceable title
Debt collection agency	Letters, calls, visits, payment schedule offers	No power to seize
Enforcement officer	Amicable reminders, fees borne by the creditor	Wage garnishment, bank account seizure, seizure and sale of goods
Judge	Order for payment, judgment	Enforcement judge for disputes

A letter from a debt collection agency announcing an "imminent seizure" without mentioning any court decision therefore changes nothing about your rights. On the other hand, an order to pay served by an enforcement officer on the basis of a judgment calls for a quick response, within the deadlines stated on the deed.

How to reply to a debt collection agency, step by step

A calm written reply works better than a tense phone call.

1. Do not pay anything in a rush, even if the caller insists.
2. Write by registered letter with acknowledgment of receipt to ask for the documents: contract, invoices, the creditor's mandate, a detailed statement.
3. Dispute the fees by citing article L111-8 of the Code of Civil Enforcement Procedures.
4. Offer a payment schedule if the debt is real and you cannot pay it all at once. Our article on the payment plan helps you build one.
5. Keep a copy of every letter, every proof of payment and your call notes.

For a question about a commercial practice, RéponseConso, the DGCCRF's information service, answers on 0809 540 550.

What if the creditor goes to court?

Once the amicable stage fails, the creditor (not the debt collection agency) can turn to a judge. It often chooses an order for payment, a fast procedure without a hearing.

The competent judge depends on the debt. The judge for protection litigation (juge des contentieux de la protection) handles consumer credit and rent, and the president of the judicial court handles other cases.

The order must be served on you by an enforcement officer. For an order issued since 1 September 2026, the deadline is three months (six months for orders issued before). After that deadline, the order lapses.

You then have one month to lodge an objection. It is free and can be filed at the court registry, by registered letter or with form cerfa No. 15602. The objection period suspends enforcement. A lawyer becomes mandatory above €10,000.

The simplified small-claims procedure

An enforcement officer may also offer you an agreement through the simplified procedure, for a debt of €5,000 at most. You have one month to reply, and silence counts as a refusal. If you accept, the enforcement officer then issues an enforceable title: read the agreement carefully before signing.

When debts multiply

Several debt collection agency letters at once are often the sign of wider indebtedness. An over-indebtedness file lodged with the Banque de France costs nothing. Once the file is admissible, seizures are in principle suspended and interest stops on the declared debts.

Several free services help you sort things out:

• points conseil budget, approved by the State, free and confidential;
• the CCAS of your town and the département's social services;
• family and consumer associations;
• the point-justice network, with a free first legal consultation (30 39).

Legal aid (aide juridictionnelle) can also cover a lawyer's fees. In 2026 it is full legal aid for a single person whose reference taxable income does not exceed €12,957, then partial up to €19,433.

What a lawyer brings

A lawyer reads the letter and spots undue fees, missing wording and misleading threats. They check the limitation period, which can wipe out the whole claim. They draft the reply or negotiate a realistic payment schedule.

Even a short consultation helps. You come away knowing which part of the claim stands, which fees to refuse, which deadline applies to you and whether the debt is already time-barred. That is often enough to answer the debt collection agency with confidence, without paying a cent more than necessary.

If the creditor goes to court, the lawyer lodges an objection to the order for payment and raises the defences. A lawyer will not promise to erase a genuine debt, but will stop you paying more than you owe a debt collection agency. A consumer law lawyer answers within 20 minutes.

The official rules appear on the service-public amicable recovery page.