Debt Collection in France

France's legal system offers a tiered set of debt recovery mechanisms, from administrative to fully litigated. The right tool depends on the size of the claim, whether it is contested, and the speed required.

Formal demand letter (mise en demeure). Sending a formal demand by registered mail (lettre recommandée avec accusé de réception) is a recommended first step. It establishes the creditor's intent, triggers statutory late payment interest, and is often enough to prompt payment from debtors who have simply been slow.

Simplified recovery by a commissaire de justice for claims below €5,000. Under Decree 2016-285, a bailiff (commissaire de justice) can initiate a simplified recovery procedure online for contractual monetary claims of up to €5,000. The debtor has one month to respond. If the debtor does not contest, the commissaire de justice issues a certificate that has the force of an enforceable title. This procedure carries costs payable by the creditor, but is significantly faster than court proceedings.

Injonction de payer (payment order). This is the standard route for documented, undisputed commercial claims of any amount before the Tribunal de commerce. The creditor files a one-sided application with supporting documents (invoices, contracts, delivery notes). The judge reviews the file and, if satisfied, issues an order within weeks. The debtor then has one month to contest it. If uncontested, the order becomes an enforceable title. See Code de procédure civile, Articles 1405-1424 for the procedural rules.

Référé provision (urgent interim payment). This is an emergency procedure before the president of the Tribunal de commerce, allowing a judge to order provisional payment of a sum of money before the main proceedings are concluded. It is used when the debt is highly likely to be owed and speed is essential, for example when the debtor is at risk of insolvency. The order is provisionally enforceable immediately.

Ordinary proceedings before the Tribunal de commerce. For contested claims or those requiring a full evidentiary hearing, the case is handled as contentious proceedings. Timeline at first instance is typically six months to two years. French commercial courts are specialised and efficient for business disputes.

European Payment Order (EPO). Under EU Regulation 1896/2006, a creditor in any EU member state can apply for an EPO for undisputed cross-border claims. If the French debtor does not oppose within 30 days, the order is enforceable throughout the EU without further proceedings.

Enforcement of a foreign EU judgment. Under Brussels I Recast (EU Regulation 1215/2012), a judgment from an Italian, German, Spanish or any other EU court is recognised and enforceable in France automatically. The creditor presents the judgment with the standard certificate to French enforcement authorities.

Timelines depend heavily on the instrument chosen and the debtor's willingness to pay or contest.

A formal demand letter may produce payment within two to four weeks if the debtor is cooperative. The simplified commissaire de justice procedure for claims under €5,000 typically takes one to three months. An injonction de payer before the Tribunal de commerce generally produces an enforceable order within four to eight weeks when the claim is well-documented and uncontested.

The référé provision procedure is among the fastest: a hearing can be scheduled within days to weeks, and provisional payment can be ordered almost immediately thereafter.

Ordinary contested proceedings before the Tribunal de commerce average one to two years at first instance. Appeals extend timelines further. French courts publish average case duration statistics through the Ministère de la Justice.

EU-based creditors enforcing an existing foreign judgment typically see enforcement completed within weeks of presenting the certificate to the French huissier de justice (now commissaire de justice).

Yes. Foreign companies have full standing to sue in French courts. EU-based creditors can use the EPO from their home country without appearing in France at all. For proceedings before French courts, local legal representation is not mandatory at the Tribunal de commerce level, but is strongly recommended given the procedural specifics and language requirements.

All French court documents and proceedings are in French. Contracts and invoices in other languages must be translated. Power of attorney documents must be properly authenticated; for EU companies, a standard notarised translation generally suffices.

Jurisdiction in French courts is determined by the defendant's registered seat, the place of delivery of goods, or the place of performance of services, following EU Regulation 1215/2012 rules.

If enforcement attempts reveal that the French debtor has no attachable assets, the commissaire de justice issues a certificate of failed enforcement (procès-verbal de carence). This document is required to write off the receivable as an irrecoverable bad debt under French and most EU accounting rules.

Before initiating proceedings, creditors should assess the debtor's solvency. French companies file annual accounts with the Registre du commerce et des sociétés (RCS) via the greffe du tribunal de commerce. These are publicly accessible and provide a reliable indicator of financial health.

If the debtor is subject to insolvency proceedings (redressement judiciaire or liquidation judiciaire), creditors must file claims through the court-appointed administrator within the prescribed deadline, typically two months from the publication of the insolvency order in the BODACC gazette. Ursusnetwork monitors French insolvency publications and can file claims on behalf of foreign creditors.

Ursusnetwork is a specialised international commercial debt recovery platform operating in over 60 countries, including France. Its network of local lawyers and licensed commissaires de justice manages the full recovery cycle: demand letters, payment order applications, urgent interim measures, enforcement, and insolvency claim filing. Need help recovering a debt from a French company? Get in touch and obtain a free quotation for your case.

Q: What is the limitation period for commercial debts in France?

A: The general limitation period for commercial claims between professionals in France is five years from the date the creditor knew or should have known of the debt (Article L110-4 of the Commercial Code). Certain contractual or sector-specific periods may differ. Once the period expires, the debtor can raise limitation as a complete defence. Acting early is therefore essential.

Q: Can I claim late payment interest and recovery costs from a French debtor?

A: Yes. Under French law implementing EU Directive 2011/7/EU on late payments in commercial transactions, creditors are entitled to statutory late payment interest at a rate set semi-annually by the Banque de France (currently well above the ECB reference rate), plus a fixed compensation for recovery costs of €40 per invoice. Contractually agreed higher rates are also enforceable.

Q: Is it possible to obtain a freezing order before getting a judgment in France?

A: Yes. French law provides the saisie conservatoire (conservatory attachment), which allows a creditor to freeze the debtor's bank accounts or movable assets before obtaining a final judgment. The creditor must demonstrate a plausible claim and a genuine risk that enforcement will be difficult. The European Account Preservation Order (EAPO) provides an equivalent EU-wide mechanism. Both can be obtained ex parte (without notifying the debtor in advance).

Q: What happens if the French debtor contests the injonction de payer?

A: If the debtor files an opposition within one month of receiving the payment order, the case is automatically converted to ordinary contested proceedings before the Tribunal de commerce. The creditor must then sustain the claim with documentary and witness evidence. The payment order itself ceases to have effect, but the proceedings continue.

Q: Do I need a French lawyer to enforce a foreign EU judgment in France?

A: For enforcement of a Brussels I Recast judgment, the creditor must engage a French commissaire de justice (bailiff) to carry out the enforcement acts (bank seizure, asset attachment). An attorney is not strictly required for this step, but engaging a local specialist significantly speeds up the process and avoids procedural errors. Ursusnetwork coordinates this locally.

Q: What if the French company has entered redressement judiciaire (court-supervised restructuring)?

A: Once redressement judiciaire is opened, an automatic stay applies: no individual enforcement actions can be taken against the debtor. Creditors must declare their claims to the mandataire judiciaire within two months (six months for creditors domiciled outside France). Failure to declare on time results in loss of the claim. Ursusnetwork monitors BODACC publications and can manage claim declarations on behalf of foreign creditors.