As an entrepreneur, artisan, freelancer, or SME director in France, dealing with a client who does not pay their invoices is a situation as common as it is stressful. This issue, commonly referred to as an impayé (unpaid debt), weakens company cash flow and can, in the most serious cases, lead to bankruptcy. Fortunately, French law strictly regulates commercial relationships and offers an arsenal of remedies—first amicable, then judicial—to recover outstanding sums. This comprehensive guide walks you through the process step-by-step, from a simple polite reminder to the courtroom, to help you assert your rights effectively.
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Before taking any steps, it is essential to understand the substantive rules governing payment deadlines and applicable penalties. The French Code de commerce (Commercial Code) sets strict limits to prevent abuse, particularly in business-to-business (B2B) relationships.
According to Article L. 441-10 of the Code de commerce, the payment deadline for outstanding sums is set at the 30th day following the date of receipt of the goods or performance of the requested service, unless otherwise agreed between the parties.
However, the parties may agree on a contractual deadline that cannot exceed:
For transactions with consumers (B2C), the deadline is generally set at delivery or completion of the service, unless specific Conditions Générales de Vente (CGV / General Terms and Conditions of Sale) accepted by the client state otherwise.
From the day following the due date shown on the invoice, late payment penalties accrue automatically by right, without any prior reminder being necessary.
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To recover your money while preserving, if possible, the client relationship, you must follow a logical and legal progression in your actions.
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[Amicable Reminder] ➔ [Formal Notice to Pay] ➔ [Order to Pay] ➔ [Enforcement by Bailiff]
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From the very first day of delay, an amicable approach should be preferred. A simple oversight or a technical invoicing issue may be the cause of the delay.
1. The telephone reminder: This allows you to make human contact, understand the bottleneck (lost invoice, dispute over the service), and obtain a promise of payment.
2. The reminder email: Send a written email, polite but firm, recalling the invoice number, its amount, its due date, and attaching a copy of the document.
If your amicable reminders remain unanswered after 15 days, you must formalize your request. The mise en demeure (formal notice to pay) is a crucial legal step. It constitutes the official starting point for calculating late payment interest at the legal rate if you have to go to court (Article 1344 of the Code civil / Civil Code).
This letter must be sent by Lettre Recommandée avec Accusé de Réception (LRAR / Registered Letter with Acknowledgment of Receipt) or by electronic registered letter. It must mandatorily include:
> Concrete Example No. 1:
> Thomas, a freelance graphic designer, builds a website for a local SME for an amount of 3,000 € HT (excluding VAT). The invoice is issued on October 1st with a 30-day payment deadline. By November 15th, Thomas has still received nothing despite two reminder emails.
> Thomas sends a mise en demeure via LRAR on November 16th, demanding the 3,000 €, increased by the flat-rate indemnity of 40 € and late payment penalties calculated on the basis of the ECB rate + 10 points (approximately 14.5% per annum at that date). He sets a final deadline of 8 days before legal action. The SME, realizing the legal risk, settles the amount within 48 hours.
For debts under 5,000 € (including interest), you can avoid court by directly contacting a commissaire de justice (formerly known as a huissier de justice / bailiff).
This procedure, stemming from the Macron Law, is carried out online. The commissaire de justice sends a registered letter to the debtor to obtain their agreement on paying the debt. If the debtor accepts, a payment agreement is signed and the commissaire de justice issues an titre exécutoire (enforceable title), allowing for asset seizures if the debtor does not respect their commitment. The cost of this procedure is regulated and shared between the creditor and the debtor.
If the debt exceeds 5,000 € or if the debtor refuses the simplified procedure, the injonction de payer (order to pay) is the fastest and least expensive judicial procedure. It is non-adversarial, meaning the judge rules solely on the basis of the documents you provide, without summoning the client to a hearing.
If the judge deems the request well-founded, they issue an ordonnance portant injonction de payer (order to pay). You then have 6 months to have this order served on the debtor by a commissaire de justice. The debtor then has 1 month to lodge an opposition (objection) if they dispute the debt. If they do not, you can ask the court registry to apply the formule exécutoire (enforcement clause) to the order, which allows you to force the client to pay (bank account seizure, seizure of goods).
If the debtor objects to the injonction de payer, or if the case is complex (a genuine dispute over the quality of the service), you must initiate a classic lawsuit by way of an assignation au fond (summons on the merits) or en référé (emergency fast-track procedure to obtain an interim payment). This step generally requires the assistance of an avocat (lawyer), although it is not mandatory before the Tribunal de commerce for disputes under 10,000 €.
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Debt recovery does not only concern businesses. Individuals also face it, particularly within the framework of residential leases.
> Concrete Example No. 2:
> Marie rents an apartment in Lyon to a tenant, Julien, for a rent of 900 € per month. Julien stops paying his rent during the year. After two months of unpaid rent, the debt rises to 1,800 €.
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> Marie cannot take the law into her own hands (it is strictly forbidden to cut off electricity or change the locks). She must respect the legal procedure:
> 1. She sends him a mise en demeure to pay within 8 days.
> 2. Without a response, she has a commissaire de justice deliver a commandement de payer visant la clause résolutoire (order to pay invoking the termination clause) of the lease. This order leaves a legal deadline of 6 weeks (Kasbarian Law of July 27, 2023) for the tenant to settle his debt.
> 3. If Julien does not pay within this timeframe, Marie must petition the juge des contentieux de la protection (protection litigation judge at the Tribunal judiciaire) to record the termination of the lease, obtain a ruling ordering the payment of the 1,800 € (plus any rent accrued in the meantime), and request eviction.
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When dealing with a bad-faith client, anger can lead to strategic mistakes that will backfire on you in court.
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As soon as a company is subject to a procédure collective (insolvency proceedings: safeguard, receivership, or liquidation), individual lawsuits are suspended. You can no longer sue them in court or instruct a bailiff. You must imperatively declare your claim to the appointed mandataire judiciaire (creditors' representative) or liquidateur (liquidator) within 2 months from the publication of the opening judgment in the BODACC (Official Bulletin of Civil and Commercial Announcements).
No, unless this is expressly provided for in your Conditions Générales de Vente (CGV) accepted by the client, and only if it is a professional client (via the 40 € indemnity). For an individual client, the law prohibits charging reminder or mise en demeure fees, unless these fees have been ordered by a judge. Only the actual costs of bailiff acts can be charged to the debtor under certain conditions.
This is a very useful contractual clause to insert in your quotes and CGV. It stipulates that you remain the owner of the delivered goods until full payment of the price. If the client does not pay, you can claim the goods back and demand their physical return, even if the client is bankrupt.
No, absolutely not. Debt collection agencies have no greater judicial power than you do. They use the same amicable levers (letters, calls). If the debtor refuses to pay, the collection agency will have to go through a commissaire de justice or a court anyway. You can perfectly well carry out these steps yourself or entrust the file directly to an avocat or a commissaire de justice.
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Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.