Unpaid invoice in France: reminders, order for payment and recovery
An unpaid invoice is often recovered without litigation, provided you act fast. Statutory payment terms, late penalties and the €40 fee, formal notice, order for payment, interim relief and limitation periods.
A quarter of French business failures stem from late payment. Yet most debts are recovered without litigation, through simple and quick steps. A lawyer reviews your file in 20 minutes on Avocat20min.fr.
Unpaid invoice: what the law imposes on the customer
Between businesses, the Commercial Code caps payment terms: 60 days from the invoice date, or 45 days end of month where the contract expressly provides for it. Without any stipulation, the term drops to 30 days.
Once the due date passes, three amounts fall due automatically, with no prior reminder:
- Late payment penalties, at the contractual rate, which can never be lower than three times the statutory interest rate.
- The flat recovery fee of €40, owed for each unpaid invoice.
- A further indemnity, where the costs actually incurred exceed that flat fee.
These statements must appear on your invoices and in your general terms of sale. Their absence exposes you to an administrative fine.
The reminders that work
Act quickly: a debt under three months old is recovered far more often than a year-old one. Work in stages, keeping a written trace of each step.
| Stage | Indicative timing | Form |
|---|---|---|
| Simple reminder | 3 to 5 days after the due date | Email, with the invoice attached |
| Firm reminder | 15 days | Email and a call, recalling the penalties |
| Formal notice | 30 days | Registered letter with acknowledgement of receipt |
The formal notice is the centrepiece of the file. It starts interest running, interrupts certain limitation periods and conditions the admissibility of several procedures. State the exact amount, the invoice reference, a precise deadline and what will follow.
Since 2023, an attempt at amicable settlement is also compulsory before going to court for disputes below €5,000.
The order for payment
This is the most effective route for an undisputed unpaid invoice. The procedure runs without a hearing and without a compulsory lawyer.
| Element | Detail |
|---|---|
| Court | Commercial court between businesses, judicial court otherwise |
| Cost | About €35 of registry fees before the commercial court |
| Documents | Invoice, purchase order, general terms, formal notice |
| Time to obtain | A few weeks |
| Service | By an enforcement officer, within 6 months |
| Debtor's objection | 1 month from service |
Without an objection within the month, the order becomes enforceable. The enforcement officer then attaches bank accounts or goods.
An objection, conversely, sends the case to an ordinary hearing. That is why the strength of the documents counts from the moment the application is filed.
Interim relief and the simplified procedure
Two other routes deserve to be known.
Interim relief allows quick payment of a debt that cannot seriously be disputed. The hearing takes place within a few weeks, and the decision is immediately enforceable.
The simplified procedure for small debts, for its part, covers sums below €5,000. An enforcement officer invites the debtor to take part; their agreement allows an enforceable title to be issued without a judge.
Do not let the claim lapse
| Situation | Time to act |
|---|---|
| Between businesses | 5 years |
| Business against a consumer | 2 years |
| Building works between businesses | 5 years |
The two-year period often comes as a surprise: an unpaid invoice owed by a private individual becomes irrecoverable very quickly. A formal notice does not interrupt the limitation period, unlike a court summons or a signed acknowledgement of debt.
Anticipate insolvency risk as well. If your customer enters insolvency proceedings, file your claim with the court-appointed administrator within two months of publication in the official bulletin. After that, the claim is lost, save relief from forfeiture.
Preventing arrears
A few reflexes clearly reduce the risk:
- Checking the customer's solvency before starting work, from the published accounts.
- Having a quote signed, or a purchase order, with express acceptance of the general terms of sale.
- Asking for a deposit, especially for a first contract.
- Providing for a retention of title clause, which keeps ownership until full payment.
- Invoicing without delay, because a late invoice shifts the whole chain.
A properly formed company builds these clauses in from the outset. They also protect the director, whose personal liability comes into play when cash flow collapses.
When to consult a lawyer
A lawyer picks the fastest procedure for the amount and the debtor's profile, drafts the formal notice and steers the enforcement measures. They act urgently where the debtor is organising their own insolvency. A business lawyer answers within 20 minutes. The statutory terms sit on economie.gouv.fr.
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