Before chasing: check the invoice and the due date
Many late payments are caused by a detail, not bad faith: an invoice sent to the wrong address, a missing purchase order number, a disputed amount nobody mentioned. Check three things before you write.
- The due date has really passed. Under the French Code de commerce (commercial code), unless agreed otherwise, the term between businesses is 30 days after delivery or performance. An agreed term cannot exceed 60 days from the invoice date, or 45 days end of month if the contract says so.
- The invoice is complete: payment date, penalty rate, the €40 fee, purchase order number if there is one. An incomplete invoice gives the customer an excuse to wait. See mandatory invoice details in France.
- It was actually received. If you already issue e-invoices, check its status on your platform: a rejected invoice never reached the customer, while a refused invoice was turned down by the customer, with a reason.
Steps 1 and 2: the written reminder, then the phone
The day after the due date, send a short, friendly reminder: invoice number and amount, due date, with the invoice and your bank details attached. No blame: assume it was an oversight.
A week later, if nothing has moved, call. The aim is to find the right person and the real reason for the hold-up: "What is missing on your side to put this invoice into payment?" Note the date, the name and the promise, then confirm by email. A written, dated commitment ("payment on the 30th") is worth far more than a verbal one.
If your customer is struggling, offer a written payment plan rather than letting silence set in. To adapt your tone to each kind of late payer, see our page on payer psychology.
Step 3: the firm reminder that prices the delay
Two to three weeks after the due date, the tone becomes firm. Between businesses, French law makes late-payment penalties payable without any reminder, from the day after the payment date on the invoice. Any business that pays late also owes, automatically, a flat €40 recovery fee per invoice.
Putting a figure on these sums makes the delay concrete. Example: a €4,200 invoice paid 30 days late, at the default statutory rate for the second half of 2026 (12.40%), generates €42.81 of penalties, plus the €40 fee. The calculation is explained in our article on late-payment penalties and the €40 fee.
You are not obliged to claim them: many businesses mention them, then waive them if the customer pays quickly. But you cannot claim them from a consumer (see below).
Step 4: the formal notice (mise en demeure)
If the firm reminder fails, send a formal notice: a written demand for payment that announces what comes next. The official French business portal (Service-public) says it can be a registered letter with acknowledgement of receipt, or a summons served by a commissaire de justice (court officer, formerly huissier), which costs more but makes a stronger impression.
- the invoice references and the amount due, with a breakdown (principal, penalties, fee);
- a precise deadline to pay, for example eight days;
- a statement that, failing payment, you will start recovery proceedings;
- your bank details.
Keep a copy and the acknowledgement of receipt: you will attach them to any later procedure. Against a consumer, the formal notice has one more effect: interest at the legal rate runs from it (article 1231-6 of the French Civil Code). In the second half of 2026, that rate is 2.75% a year when the creditor is a business.
Step 5 (B2B): the Médiateur des entreprises
Before going to court, the Médiateur des entreprises (the French state's business mediation service) can unblock a dispute between companies, including late payment. It is free and confidential. According to Service-public, a mediator gets in touch within seven days of the online referral, and mediation lasts from a few hours to two or three months at most. It is voluntary: either party can withdraw at any time.
It is useful when you want to keep the customer, or when the real problem is an unspoken disagreement rather than a refusal to pay.
Step 6: simplified procedures run by a commissaire de justice
The simplified small-claims procedure lets a commissaire de justice obtain an enforceable title without a judge, if the debtor agrees. It covers contractual claims of up to €5,000. The debtor has one month to accept; silence counts as refusal. The fees are paid by the creditor.
Since the law of 23 April 2026, the small-claims procedure no longer applies to claims invoiced between merchants (commerçants). It remains available for an invoice to a consumer or to a debtor who is not a merchant.
The same law created a procedure for uncontested commercial claims, for invoices between merchants, with no cap: the commissaire de justice serves a payment order, the debtor has one month to pay or contest, and without a reaction the record of non-contestation is made enforceable by the commercial court registry. Costs are borne by the debtor, and any challenge ends the procedure. In mid-October 2026, its implementing decree has not yet been published: ask a commissaire de justice whether it can be used.
Step 7: the injonction de payer (court payment order)
The injonction de payer is the simplest court route for a claim that is certain, of a fixed amount and due. The judge decides on the papers, without a hearing, from your application, invoices and formal notice.
| Tribunal de commerce (commercial court) | Tribunal judiciaire (civil court) | |
|---|---|---|
| When | Creditor and debtor are both merchants | Other cases: consumer debtor, liberal profession… |
| Form | Cerfa no. 12946 | Cerfa no. 12948 |
| Registry fee | €33.47 | None |
| Filing | Paper or online | Paper only |
For orders issued since 1 September 2026, you have 3 months (instead of 6) to have it served by a commissaire de justice. The debtor then has one month to object. Without objection, the order becomes enforceable two months after service, with no further step on your part, and a commissaire de justice can enforce it.
Business customer or consumer: what changes
| Business customer | Consumer | |
|---|---|---|
| Late-payment penalties | Yes, from the day after the due date, no reminder | No: legal-rate interest from the formal notice |
| €40 recovery fee | Yes, per invoice paid late | No |
| Médiateur des entreprises | Yes | No (business disputes only) |
| Simplified procedure | Small claims unless invoiced between merchants; uncontested commercial claims between merchants (decree pending) | Small claims up to €5,000 |
| Injonction de payer | Commercial court between merchants, otherwise civil court | Civil court |
| Limitation period | 5 years in principle | 2 years |
The limitation period is the time after which you can no longer act. Obligations between merchants, or between merchants and non-merchants, are time-barred after 5 years unless a shorter special period applies (article L110-4 of the Code de commerce). A business's action for goods or services supplied to a consumer is time-barred after 2 years (article L218-2 of the French Consumer Code).
If your customer enters insolvency proceedings (sauvegarde, redressement or liquidation), stop chasing and declare your claim to the court-appointed mandataire or liquidator within 2 months of the judgment's publication in the BODACC (official gazette of commercial notices). If you are not located in metropolitan France, the deadline is 4 months.
Frequently asked questions
Can I claim the €40 fee if my customer eventually paid?
Yes. Between businesses, the fee is due as soon as the invoice is paid after the agreed date, even if it is paid later. It is due once per invoice, not per day of delay or per reminder. It cannot be claimed from a consumer.
Do I need a formal notice before an injonction de payer?
It is strongly advised: Service-public lists demand letters among the documents to attach to the application, with the invoice and the purchase order or contract. It shows the judge you gave the customer a last chance to pay.
My customer disputes the invoice: what now?
The simplified procedures assume an undisputed claim: a challenge ends them. First try to understand the disagreement (incomplete delivery, price, deadline). Between businesses, the Médiateur des entreprises can help for free. Otherwise, you will need to bring a full claim before the court.
How much does an injonction de payer cost?
At the commercial court, a €33.47 registry fee; at the civil court, no registry fee. On top of that come the commissaire de justice's fees for serving the order, advanced by the creditor.
How long do I have to act against a French customer who does not pay?
In principle 5 years between businesses (article L110-4 of the Code de commerce) and 2 years against a consumer (article L218-2 of the Consumer Code). Do not wait: an old claim is much harder to recover.
Sources
- Entreprendre.Service-Public.fr — "Recouvrement amiable : relance et mise en demeure de payer" (amicable recovery, formal notice) (entreprendre.service-public.gouv.fr)
- Entreprendre.Service-Public.fr — "Délais de paiement entre professionnels et pénalités de retard" (B2B payment terms and penalties, checked 07/08/2026) (entreprendre.service-public.gouv.fr)
- Légifrance — Article L441-10 of the Code de commerce (payment terms, penalties, flat fee) (legifrance.gouv.fr)
- Service-Public.fr — Legal interest rates for the second half of 2026 (30/06/2026) (service-public.gouv.fr)
- Légifrance — French Civil Code, articles 1231 to 1231-7 (legal-rate interest from formal notice) (legifrance.gouv.fr)
- Entreprendre.Service-Public.fr — The Médiateur des entreprises (business mediation) (entreprendre.service-public.gouv.fr)
- Entreprendre.Service-Public.fr — Simplified small-claims recovery procedure (entreprendre.service-public.gouv.fr)
- Entreprendre.Service-Public.fr — New simplified procedure for uncontested commercial claims (27/04/2026) (entreprendre.service-public.gouv.fr)
- Entreprendre.Service-Public.fr — "Recouvrement judiciaire : injonction de payer" (court payment order) (entreprendre.service-public.gouv.fr)
- Entreprendre.Service-Public.fr — Changes to the injonction de payer procedure (04/09/2026) (entreprendre.service-public.gouv.fr)
- Légifrance — Article L110-4 of the Code de commerce (5-year limitation period) (legifrance.gouv.fr)
- Légifrance — French Consumer Code, articles L218-1 and L218-2 (2-year limitation period) (legifrance.gouv.fr)
- Entreprendre.Service-Public.fr — Declaring claims against a business partner in insolvency proceedings (entreprendre.service-public.gouv.fr)
This article summarises the official texts to help you get organised. It is not a substitute for personalised advice from your accountant.