Unpaid invoice in France: reminder, formal notice to pay and payment order
How to recover an unpaid invoice as a freelancer or small business in France: the friendly reminder, the formal notice to pay (mise en demeure) by registered mail, late-payment penalties and the €40 recovery indemnity (art. L441-10 of the Commercial Code), then the payment-order procedure.
Quick answer
Facing an unpaid invoice, escalate in stages: friendly reminder (email or call), reminder letter, then a formal notice to pay (mise en demeure) by registered mail with proof of receipt — it officially records the default, starts interest running and conditions any court action. Between professionals, late-payment penalties and the fixed €40 indemnity are due automatically from the day after the due date (art. L441-10 of the French Commercial Code). If payment doesn't arrive within 8–15 days, move to the payment order (injonction de payer): fast, cheap, no hearing.
| Who it's for | Freelancers, micro-entrepreneurs, small businesses with a non-paying client |
| Legal basis | Art. L441-10 of the Commercial Code; art. 1344 of the Civil Code; art. L110-4 (limitation) |
| Penalties | Automatic from the day after the due date, no reminder needed + €40 per invoice (B2B) |
| Stages | Friendly reminder → reminder letter → formal notice (LRAR) → payment order |
| Limitation | 5 years between professionals; 2 years against a consumer |
| How to send | Registered mail with proof of receipt — the formal notice must be dated and provable |
| Common mistakes | Waiting too long, verbal-only reminders, incomplete formal notice |
1. Check your file before chasing
A debt can only be recovered if it is certain, liquid and due:
- Certain: contract, signed quote, purchase order, accepted deliverable
- Liquid: a determined amount on the invoice
- Due: the payment date has passed
Gather now: contract or quote, invoice, proof of delivery or performance, exchanges with the client. These documents serve at every stage, all the way to the judge.
2. The friendly phase (day 7 to day 30)
- Day 7: a courteous email — the invoice may simply have been forgotten or stuck in accounting.
- Day 15 / 30: a firmer reminder letter, restating the invoice, the missed due date and the penalties already running.
Point out that late-payment penalties and the €40 indemnity are payable without any prior reminder — a statement that must in any case appear in your terms and on your invoices.
3. The formal notice to pay
This is the pivotal document: it officially records the default (art. 1344 of the Civil Code), starts default interest running and shows the judge you attempted an amicable settlement.
Subject: Formal notice to pay — invoice no. [X]
Dear Sir or Madam,
Despite my reminders of [dates], invoice no. [X] of [date], for [amount] € including tax, due on [date], remains unpaid.
I therefore give you formal notice to pay me the sum of [amount] € within [8/15] days of receipt of this letter.
In accordance with article L441-10 of the Commercial Code, this sum is increased by late-payment penalties at the rate of [rate] and by the fixed €40 recovery indemnity.
Failing payment within this period, I will refer the matter to the competent court, in particular through a payment-order procedure, without further notice.
Yours faithfully,
[Date — Signature]
For the general structure of a formal notice and its essential wording, see our dedicated guide.
4. Why registered mail with proof of receipt is indispensable
- A formal notice only has legal effect if its receipt can be proven: the slip dates the start of the deadline and of interest.
- In court, the payment order rests on your documents: invoice, reminders, formal notice with its receipt slip.
- An email can be disputed; a registered letter with proof of receipt, hardly.
Freelancing abroad or no time for the post office? MaisonMail can print and dispatch your formal notice through an available registered service. Origin market, delivery times, tracking and the proof-of-receipt slip are confirmed before payment.
5. The payment order (injonction de payer)
If the deadline passes without payment:
- File a request with the registry of the commercial court (trader or company client) or the judicial court (private individual), using the dedicated form, with all your evidence.
- The judge rules on the documents, without a hearing. If granted, you have the order served by a court commissioner (commissaire de justice).
- The debtor has 1 month to oppose; failing that, the order becomes enforceable — seizure becomes possible.
Alternatives: the simplified recovery procedure through a court commissioner for small debts, or interim payment proceedings (référé-provision) when the debt is not seriously disputable.
6. Limitation periods: don't wait
- Between professionals: 5 years from the due date (art. L110-4 of the Commercial Code).
- Against a consumer: only 2 years (art. L218-2 of the Consumer Code).
Only court action (or the debtor's acknowledgement of the debt) interrupts the limitation period — reminders and formal notices do not. More broadly, recovery statistics are brutal: past 6 months, the odds of payment collapse. Chase early, serve the formal notice quickly.
7. Common mistakes
- Waiting months for fear of upsetting the client — silence has never made anyone pay.
- Doing everything verbally: without a dated written record, nothing exists for the judge.
- An incomplete formal notice: without the words "mise en demeure", a deadline and a precise amount, it loses its effect.
- Forgetting penalties and the €40 indemnity — waiving sums that are due automatically.
- Letting the limitation period slip, especially against a consumer client (2 years).
In short: chase early and in writing, then send a formal notice to pay by registered mail with proof of receipt, stating the amount, a deadline and article L441-10. The receipt slip dates the interest and arms your file; if the client still doesn't pay, the payment order turns your documents into an enforceable title — quickly and for a few dozen euros.
Official sources
References used and links to the rules currently in force.
- Recouvrement amiable : relance et mise en demeure (F38586)Service-Public.fr
- Recouvrement judiciaire : injonction de payer (F38156)Service-Public.fr
Information current as of the last verification date. This guide is informational and is not legal advice — for a complex situation, consult a qualified professional.
Frequently asked questions
What am I owed on top of the invoice amount?
Between professionals, late-payment penalties run automatically from the day after the due date, with no reminder needed, at a rate of at least three times the statutory interest rate, plus a fixed €40 recovery indemnity per unpaid invoice (art. L441-10 of the Commercial Code). If your actual recovery costs exceed €40, additional compensation can be claimed with supporting evidence.
How many reminders before the formal notice?
No number is imposed. In practice: a courteous reminder at day 7, a firmer one at day 15 or 30, then the formal notice by registered mail with proof of receipt. Don't multiply reminders beyond that: every passing week reduces your chances of recovery.
What is a payment order (injonction de payer) and what does it cost?
A fast, inexpensive court procedure with no hearing: you file a request (dedicated form) with your evidence at the commercial court (trader or company client) or the judicial court. If the judge grants it, the order is served on the debtor, who has one month to oppose; otherwise it becomes enforceable.
Is my claim time-barred?
Between professionals you have 5 years from the due date to act (art. L110-4 of the Commercial Code); against a consumer, only 2 years (art. L218-2 of the Consumer Code). Court action interrupts the limitation period — a mere reminder does not.
Related guides
- Requesting a debt payment plan in France: hardship and grace periodAsk the creditor for a realistic payment plan before default escalates. Explain income, essential expenses, the debt and a proposed monthly amount, with evidence. If negotiation fails, a judge may grant a grace period under article 1343-5 of the Civil Code, subject to the debt type and circumstances; a plan does not erase the debt.
- Mise en demeure (formal demand): letter template and full procedureFormal demand to a debtor, a neighbour, a tradesperson or an employer in France: letter template, mandatory mentions, deadlines and registered AR delivery. The guide to asserting your rights before going to court.
- Burglary insurance claim in France: police report and 2-day noticeAfter a burglary, secure the property without destroying evidence, report it to police and notify the insurer within the policy deadline, commonly 2 business days under article L113-2 for theft claims. Photograph damage, keep invoices and do not repair or discard items before the insurer can assess them.
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