Money lent to a friend and not repaid in France: how to get it back

You helped out a friend, a colleague or a relative. Weeks go by, they do not pay you back, they stop answering, or they claim it was a gift. Money lent to a friend can often be recovered without a trial, provided you can prove the loan and act in time. A lawyer can review your situation in 20 minutes on Avocat20min.fr.

This article explains how to prove the loan, how to claim the money amicably, then which procedures to follow under French law. It also says when a criminal complaint makes sense, and when it does not.

First steps

Before doing anything, take stock calmly. With money lent to a friend, evidence decides almost everything:

1. Gather proof of the payment: bank statement, transfer, cash withdrawal slip, screenshot from a payment app.
2. Keep the messages where your friend mentions the loan or promises to repay. Take dated screenshots.
3. List the witnesses who saw the money handed over or heard the promise.
4. Write down the exact amount, the date of the loan and the agreed repayment date, even an approximate one.
5. Stay polite in your exchanges. An aggressive message can backfire; a clear one can become evidence.

Delete nothing, even painful conversations. A line such as "I'll pay you back everything next month" is sometimes worth more than a long witness statement.

What French law says about money lent to a friend

The Civil Code calls this a loan for consumption (prêt de consommation). Article 1892 defines it, and Article 1902 requires the borrower to return the same amount on the agreed date.

Three cases arise:

• A date was agreed: you can claim the money from that date, not before.
• No date was agreed: you can ask for repayment, but the judge may give the borrower time depending on the circumstances (Article 1900).
• They were to repay "when they could": the judge then sets a payment date (Article 1901).

Money lent to a friend is still owed under a contract, even with no paperwork. The only difficulty is proof.

Proving money lent to a friend: the €1,500 rule

As the person claiming, you must prove the loan. A bank transfer shows the money left your account, but not that it had to come back. Your friend may argue it was a gift or the repayment of another debt, and judges then require proof of the duty to repay.

The rule depends on the amount:

Amount lent	Proof required
€1,500 or less	Any means: messages, witnesses, transfer, clues
More than €1,500	A signed document, usually an IOU (reconnaissance de dette)
More than €1,500 without a document	A written start of proof backed by another element, or a moral impossibility of asking for a document

Article 1359 of the Civil Code requires written proof above the threshold set by decree, which is €1,500. You cannot get around the rule by claiming only part of a larger amount.

Two doors stay open without a signed document:

• A written start of proof (commencement de preuve par écrit, Articles 1361 and 1362). A text or email from your friend that makes the loan plausible can serve, provided another element backs it up, such as the transfer or a witness.
• Moral impossibility (Article 1360). Between very close people, asking for a signed paper may seem unthinkable. The judge decides case by case; do not count on it in advance.

The IOU, now or for the future

If your friend admits the debt but cannot pay right away, suggest signing an IOU. It turns money lent to a friend into a claim that is easy to prove.

Article 1376 of the Civil Code requires the borrower's signature and the amount handwritten by them, in figures and in words. Service-public also advises adding the date, both parties' full identity and the repayment date. If figures and words differ, the words prevail.

Signed before a notary, it even allows the debtor's assets to be seized without going to court. A written repayment schedule, instalment by instalment, often reassures both sides.

Note: a loan of more than €5,000 must be declared to the tax authorities on form no. 2062, together with the income tax return.

Claiming money lent to a friend amicably

Start with a simple message, then step up if nothing happens.

1. A written reminder, polite, stating the amount and the date of the loan, and offering a schedule.
2. A formal demand (mise en demeure) by registered letter with acknowledgment of receipt. It sets a precise deadline, for example fifteen days, and states what comes next. From receipt, the sum earns interest at the statutory rate (Article 1231-6 of the Civil Code).
3. A court conciliator (conciliateur de justice), free and volunteer. You contact one online or at the town hall, and they bring both parties together. A signed agreement can be given the force of a judgment.

For a sum of €5,000 or less, this amicable attempt (conciliation, mediation or participatory procedure) is in principle compulsory before suing in court. Without it, the judge may declare the claim inadmissible.

Procedures to get paid

If the amicable route fails, several options exist to recover money lent to a friend:

Procedure	When	What to know
Small claims recovery	Debt of €5,000 or less	An enforcement officer (commissaire de justice) invites the debtor to pay; their agreement gives an enforceable title without a judge
Order for payment (injonction de payer)	Debt with a set amount, backed by documents	Application to the court of the debtor's home, no hearing; the debtor has one month to object
Claim before the judicial court	Disputed debt, evidence to argue	Hearing; a lawyer is optional up to €10,000

The order for payment suits you well when you hold an IOU or clear messages. The judge issues an order, which an enforcement officer serves on your friend. An order issued since 1 September 2026 lapses if it is not served within three months. Our guide to the unpaid invoice and the order for payment describes the application.

Once you hold the title, the enforcement officer can seize your friend's bank account or wages.

Money lent to a friend: five years to act

Article 2224 of the Civil Code gives you five years to claim money lent to a friend. The period normally runs from the agreed repayment date.

A partial payment, or a message in which your friend admits owing the sum, interrupts the period, which then starts again for five years (Article 2240). Keep these traces carefully. Our article on the limitation period for debts explains the other deadlines.

Money lent to a friend and criminal complaints

Failing to repay money lent to a friend is not a crime. The police will therefore refer a complaint about simple non-repayment to the civil courts.

Things change if your "friend" deceived you from the start: false identity, invented project, staged story to get the money. Such tricks may amount to fraud (escroquerie), punishable by five years in prison and a €375,000 fine (Article 313-1 of the Criminal Code). This is often the case in romance scams.

When a lawyer helps

You can send reminders, a formal demand and contact a conciliator on your own. For money lent to a friend, a lawyer becomes useful when the sum is large, when the evidence is weak or when your friend denies the loan. A consumer law lawyer:

• assesses the strength of your evidence before you spend anything;
• drafts a formal demand that carries weight on a lawyer's letterhead;
• chooses the right procedure and prepares the application;
• represents you if your friend objects or disputes the claim;
• negotiates a written, secure repayment schedule.

The point-justice network (30 39) offers a free first consultation. Legal aid (aide juridictionnelle) can cover a lawyer's fees depending on your income. No lawyer can guarantee the money will come back: a debtor with no resources remains hard to make pay.

The official model is on the service-public page on IOUs.

Other situations in this series

Money lent to a friend and not repaid opens our series on everyday money disputes. Our other guides:

• A fake bank adviser made you approve transactions: must your bank refund you after a bank impersonation scam?
• An online relationship cost you money: what to do after a romance scam?

If the loan involved your couple at the time of a break-up, also read our article on couple debts after separation.