Commercial Debt Recovery Lawyer in France

Short answer. Claims between traders, or between traders and non-traders, are time-barred after five years (Article L. 110-4 of the Commercial Code). An undisputed claim can be obtained through an order for payment (Articles 1405 et seq. of the Code of Civil Procedure) or an interim payment order (Article 873, before the president of the commercial court), and the enforcement judge may authorise a conservatory attachment of the debtor’s accounts or receivables before any judgment. Late payment interest runs from the day after the due date, at the European Central Bank rate plus ten points unless otherwise agreed, with a flat recovery fee of 40 euros per invoice (Articles L. 441-10 and D. 441-5). Within the Union, the European order for payment (Regulation (EC) No 1896/2006) and the European enforcement order (Regulation (EC) No 805/2004) avoid exequatur for uncontested claims. If the debtor enters insolvency proceedings, the claim must be filed within two months of publication of the opening judgment in the BODACC, four months for creditors outside metropolitan France (Article R. 622-24), failing which it is barred.

An unpaid debt is first a cash-flow problem, then a legal one. The faster and better adapted the reaction to the debtor’s profile, the higher the chances of recovery. The firm acts for creditors, foreign and French, from amicable recovery to forced execution, and defends companies sued by a business partner in France.

The choice of procedure depends on three questions: is the debt disputed, is the debtor solvent, and where are its assets.

The risk: a certain debt that becomes irrecoverable for want of timely action

The first risk is time. A commercial debt is time-barred after five years (Article L. 110-4 of the Commercial Code), but long before that the debtor may have transferred its assets, changed structure or entered insolvency proceedings that freeze all individual actions. A late filing of the claim with the insolvency administrator forfeits the right to be paid.

The second risk is the artificial dispute: the debtor alleges non-conformity, delay or a failure to advise in order to turn a simple debt into lengthy and costly litigation on the merits. The quality of the contractual documentation, purchase orders, accepted terms and conditions, acceptance reports, then makes all the difference.

The legal solution: the procedure suited to the debtor, not the default one

For a debt that is not seriously disputable, the payment order procedure (Articles 1405 et seq. of the Code of Civil Procedure) or the summary judgment for provisional payment (Article 873) yield an enforceable title within weeks. Late-payment penalties and the fixed recovery indemnity under Article L. 441-10 of the Commercial Code are added to the principal.

Where the debtor may dissipate its assets, a protective attachment authorised by the enforcement judge freezes its accounts or receivables even before judgment. For creditors located in the European Union, the European order for payment and the European enforcement order avoid exequatur proceedings; for creditors outside the Union, the firm draws on its experience of cross-border enforcement.

How the firm assists you

The firm first secures evidence of the debt and assesses the debtor’s solvency, then sends a formal notice that starts interest running and prepares the litigation. Depending on the response, it files for a payment order, applies for summary judgment or sues on the merits before the commercial court, and has the title enforced by a French enforcement officer.

In defence, it analyses the alleged debt, raises procedural and substantive objections, invokes the creditor’s own breaches and negotiates, where in the client’s interest, a payment schedule or a settlement. It also acts upstream, reviewing general terms of sale and retention of title clauses that facilitate future recovery.

Before chasing payment, work out what French law lets you claim: our late-payment interest calculator applies the ECB rate plus 10 points, half-year by half-year, and the EUR 40 fixed compensation per invoice.

Typical matters

The situations below are illustrative scenarios drawn from the firm’s practice and anonymised.

Customer disputing after eight months of silence

A consulting firm claims EUR 180,000 in fees. The customer suddenly alleges breaches. The firm obtains in summary proceedings a provisional payment of 70 % of the debt, the balance being settled by agreement.

Debtor transferring its business to a sister company

A creditor discovers that its debtor has sold its business to a newly created company run by the same managers. The firm obtains a protective attachment on the sale price, then judgment on the merits.

Foreign exporter unpaid by a French distributor

A German exporter is not paid by its French distributor. The firm obtains a European order for payment and enforces it against the distributor’s bank accounts in France.

Unpaid invoices often follow a breakdown of the relationship itself, which raises the question of abrupt termination and its notice period. Where the debt is rent, the matter is dealt with under the rules of the commercial lease.

Where the debtor is established abroad, see our article Foreign customer not paying: where to sue and how to recover?

For details of late-payment penalties, the fixed recovery indemnity and the choice between a payment order and summary proceedings for an interim payment, see our article Unpaid invoices between businesses: late-payment penalties, the 40-euro indemnity and recovery routes.

Frequently Asked Questions

What is the fastest way to recover an unpaid invoice?

For a claim that is not seriously disputable, an application for an order to pay, obtained without a hearing on the strength of the documents, is the quickest route, and the order becomes enforceable if the debtor does not object within the time allowed. Where a dispute is expected, summary proceedings for an interim payment are more robust because they survive an objection. The choice depends on how contested the claim really is. Sending a formal demand first is not a formality: it fixes interest and often produces payment.

Payment order or summons on the merits?

The payment order procedure is quick, inexpensive and ex parte: the judge rules on the documents and the debtor learns of the decision only when it is served. It suits claims that are certain, liquidated and due, documented by accepted invoices and delivery notes. Its weakness is the objection the debtor may lodge within the prescribed period, which sends the case into ordinary proceedings and loses the time gained. A summons is therefore required where the debtor has already disputed the claim, alleged non-conformity or raised set-off. The choice is made in the light of the earlier correspondence, which shows whether a dispute is serious or merely a delaying tactic.

How long do I have to act?

Between traders, the ordinary limitation period is five years, but that period should not reassure. Two mechanisms shorten it in practice. Contracts and general terms frequently provide for shorter claim periods, whose validity is open to debate but which complicate the file. Above all, the value of a claim falls much faster than the limitation period runs: after two years, the contacts have changed, the documents have been scattered and the debtor’s cash position has deteriorated. The practical rule that works is to set an internal deadline, sixty or ninety days after the due date, at the end of which the file moves to litigation without further discussion.

From what amount is it worth taking action?

The question is not one of amount but of the likelihood of recovery. A claim of fifteen thousand euros against a solvent and identified debtor justifies action, whereas a claim of one hundred thousand euros against a company with no assets justifies only a proof of claim if insolvency proceedings are opened. Three preliminary checks are worth more than an estimate of costs: the published accounts, the registration of liens by the Treasury or social security bodies, and the existence of attachable assets. They take an hour and avoid incurring costs that cannot be recovered. Where the debtor is clearly in difficulty, the priority is no longer recovery but monitoring for the opening of insolvency proceedings.

What is a European payment order worth?

A great deal, within the European Union. The European order for payment produces a title recognised and enforceable in the other Member States without exequatur, and the application is made on standard forms. It suits uncontested cross border claims, and an objection by the debtor simply transfers the case into ordinary proceedings. The European small claims procedure covers lower value disputes. Both are underused by businesses which assume that a debt owed from another Member State is not worth pursuing.

Can the debtor’s assets be frozen before judgment?

Yes. A conservatory attachment of bank accounts, receivables or other assets may be authorised where the claim appears well founded in principle and recovery appears to be at risk, and it is obtained without the debtor being heard. Within the Union, a European Account Preservation Order performs the same function across borders. The measure must be followed by proceedings on the merits within the prescribed period. It is the single most effective step in recovery, and also the one most often taken too late.

What interest and costs can be claimed?

Interest at the contractual rate or, failing that, at the statutory rate applicable to late payment between businesses, together with a fixed indemnity for recovery costs for each invoice and, where the actual costs exceed it, additional compensation on proof. A court may also order the losing party to contribute to the winner’s legal costs. Claiming these items from the outset changes the arithmetic of the negotiation, because the debtor then sees the cost of continued delay rather than the principal alone.

How long does enforcement take?

Enforcement itself is quick once a title exists, and the real constraint is locating the assets. A commissaire de justice can attach bank accounts, receivables owed to the debtor by its own customers, vehicles and goods, and can register security over real property. Attachment of a receivable is often the most effective measure because it reaches the money before it arrives. A debtor with no traceable assets is a different problem, which is why information is gathered before the title is obtained.

How long does it take to obtain an enforceable title?

That depends less on the amount than on whether the claim can be disputed, and the choice of route determines the timetable. An uncontested payment order produces a title in four to eight weeks, which makes it the reference tool for documented claims that the debtor does not dispute. Summary proceedings for an interim payment take two to three months and require that the obligation not be seriously disputable. Proceedings on the merits, the only route where the debtor puts forward a structured defence, take twelve to eighteen months. An objection to a payment order moves the case to the merits: it is better to assess honestly how solid the dispute is before choosing the fast route.

What if the debtor becomes insolvent?

The answer depends on the procedure opened. Once insolvency proceedings begin, individual actions are stayed and the claim must be declared within a short period, failing which it can no longer be paid out of the proceedings. Retention of title and any security taken become decisive, as does whether the goods can still be identified. Directors’ liability may be engaged in defined cases. The practical lesson lies upstream: security, retention of title and monitoring of the counterparty are worth more than any effort made afterwards.

What if the debtor is placed in judicial reorganisation?

Act quickly, because a strict deadline starts to run. The claim must be declared to the creditors’ representative (mandataire judiciaire) within two months of publication of the opening judgment in the Bulletin officiel des annonces civiles et commerciales, a period extended to four months for creditors established outside metropolitan France. After that deadline, the claim is no longer admitted, save for relief from foreclosure, which must be argued and is not granted as of right. Two reflexes go with the declaration: check for a retention of title clause, which allows unpaid goods to be reclaimed within a short period, and suspend deliveries until the fate of the contract has been decided.

Matters in this area are handled by Hervé Guyader, avocat at the Paris Bar and Doctor of Law. Page updated on 17 October 2026.