Business and Corporate Litigation
Debt collection lawyer for businesses: choosing your procedure
When faced with an unpaid invoice between businesses, there is no single procedure but three main avenues: a payment order, an interim injunction, and a full trial. The best choice depends on the debtor's expected level of dispute and their solvency, not just the amount owed.
- Five-yearstatute of limitations between merchants
- Three monthsto serve the order
- Two monthsto file a claim in insolvency proceedings
Why the choice of procedure changes everything
A customer who doesn't pay puts a strain on your cash flow. Every week lost reduces your chances of getting paid, especially if the debtor is experiencing difficulties.
Many companies send a reminder, then another, and then automatically file a lawsuit. This is often the longest route. Conversely, seeking a payment order against a debtor who will contest it anyway wastes months.
Our role is to review your file before taking action: the invoice, the contract, the correspondence, the debtor's situation. We then choose the procedure that most reliably leads to an enforceable title, that is, a document that the bailiff can implement.
This page describes the complete procedure. For details on the payment order and its reform, please refer to our article on the payment order.
In what situations do companies contact us?
A client has stopped paying their bills
The debt itself is not disputed, but the client is no longer responding. A quick and inexpensive procedure is usually appropriate.
The debtor invokes a pretext
He mentions a delivery failure, a manufacturing defect, or compensation. The validity of this argument must be assessed before choosing a procedure.
You fear that he will disappear or strip himself of his possessions
A bank account or a debt owed by a third party can be temporarily frozen. However, this must be done methodically and within strict time limits.
The debtor is in receivership or liquidation
The rules are changing. It's no longer about obtaining a judgment, but about declaring your claim within the legal time limit.
First step: secure your claim before any legal proceedings
Four checks
- Settlement date:Certain, liquid and due debt
- The following day,late payment penalties are due without notice.
- Formal noticedoes not interrupt the statute of limitations.
- Five-yearstatute of limitations between merchants
Before taking legal action, four checks can prevent most failures.
The debt must be certain, liquid, and due. In other words, its existence must be established, its amount must be quantified, and the due date must have passed. A purchase order, an invoice, a delivery note, and your general terms and conditions of sale form the basis of the proof. Our article on general terms and conditions of sale explains why drafting them correctly is important.
Late payment penalties are due without prior notice. Between businesses, they accrue from the day after the payment due date. The rate cannot be less than three times the legal interest rate. If no rate is specified in the contract, the default rate is the European Central Bank's key interest rate plus ten percentage points. A fixed recovery fee of €40 per invoice is also charged, which may be increased if your actual costs are higher and justified. These rules are set out in Article L441-10 of the French Commercial Code.
The statute of limitations continues to run. Between merchants, legal action is subject to a five-year statute of limitations, according to Article L110-4 of the French Commercial Code. A simple reminder letter does not suspend this period.
A formal notice is a tool, not a shield. It establishes a clear starting point, substantiates your claim, and often opens the door to negotiation. However, it does not interrupt the statute of limitations. Our article on drafting a formal notice by a lawyer details its wording and effects.
Choosing between a payment order, a provisional payment order, and a summons to appear in court on the merits
Choose your procedure
- Simple, documented, and relatively uncontestable debt.Order to pay.The quickest route if the debtor does not object.
- A challenge is possible but not serious.interim injunction is required; one hearing is usually sufficient.
- Serious dispute, complex litigation, or significant amount:Summons to the merits.The longest process, as the entire case is judged.
All three procedures result in a court decision, but not with the same speed or security. The table below compares them based on the criteria that matter to a manager.
| Criteria | Order to pay | Interim relief | Submission to the merits |
|---|---|---|---|
| Deadline | The shortest route if the debtor does not object | Quick, one hearing is usually enough | The longest, because the case is judged in its entirety |
| Cost | Court fees of €33.47 before the commercial court; a lawyer is not required for the application | Summons fees, mandatory lawyer for claims exceeding €10,000 before the judicial court | The highest level: summons, exchange of pleadings, hearing |
| Contradictory | No, the judge rules based on the documents; the debtor can then object | Yes, the debtor is heard at the hearing | Yes, a full debate |
| When to use it | A simple, documented, and relatively uncontestable claim | A challenge is possible but not serious, or a swift, enforceable decision is needed | Serious dispute, complex litigation or significant amount |
The amounts and timeframes vary depending on the jurisdiction and the nature of the dispute. This comparison provides a framework for understanding the process; it does not replace an analysis of your specific case.
The order to pay: quick, provided the debtor does not object
The deadlines of the order
Orders issued from September 1, 2026
The judge issues an order based on the documents presented, without hearing the debtor. The commercial court (or court of economic activities) has jurisdiction if both the creditor and the debtor are merchants. It also has jurisdiction if the debt arises from a commercial transaction. In other cases, for example, if the debtor is an individual or practices a liberal profession, the claim falls under the jurisdiction of the judicial court. In Alsace-Moselle, this is the commercial division of the judicial court.
Decree No. 2026-96 of February 16, 2026, amended the procedure for orders issued from September 1, 2026. Two points deserve your attention.
The order must first be served on the debtor within three months. After this period, it becomes null and void, and the entire process must be restarted. The debtor then has one month from the date of service to file an objection. This objection suspends enforcement.
If no objection is received by the creditor within two months of service, the order becomes enforceable. Otherwise, the case is referred to the court, and legal representation becomes mandatory for claims exceeding €10,000 in the civil court.
In practical terms, a payment order is the right approach when the invoice is clear and the client has simply stopped paying. It's the wrong approach when the debtor has already announced a dispute.
Interim relief: when a dispute exists but seems fragile
Hearing before the judge in chambers
- Provision to the creditor.The obligation is not seriously contestable. Provisional enforceable order.
- Dismissal.A serious dispute remains: the case must be heard on its merits.
The judge in summary proceedings may grant a provisional payment to the creditor when the obligation is not seriously contestable. Article 873 of the Code of Civil Procedure does not make this measure conditional on urgency.
The debtor is present at the hearing. Therefore, they cannot delay the proceedings by filing an objection. The order is provisionally enforceable. An appeal must be filed within fifteen days, and the right to appeal is barred when the dispute concerns €5,000 or less.
This is the preferred procedure when the debtor presents arguments, but your evidence refutes them. The risk is rejection if the judge deems a serious dispute to remain. In that case, the case must be heard on its merits.
Assignment to the bottom: the slowest route, sometimes the only one
In parallel with a precautionary measure
- Submission to the meritsComplex dispute, multiple contracts, counterclaim.Judgment resolving the main issue.
- Precautionary measureLaunched in parallel.Protects your chances of getting paid during the instance.
- Small claims€5,000 or less, implemented by a bailiff.Silence for one month is considered a refusal.
When the dispute is complex, involves multiple overlapping contracts, or the debtor files a counterclaim, the entire case must be heard. The summons to appear on the merits leads to a judgment that decides the principal issue.
The procedure is longer and more expensive. It can also be initiated in parallel with a protective measure, which safeguards your chances of being paid during the proceedings.
A simplified procedure also exists for small claims of €5,000 or less, implemented by a court-appointed administrator. It requires the debtor's agreement to participate: their silence for one month constitutes a refusal.
Law No. 2026-307 of April 23, 2026, also provides for a simplified procedure for the recovery of undisputed commercial debts, without a minimum amount threshold. Its details still need to be specified by decree.
Precautionary measures: blocking before it's too late
Two conditions, then one month
A precautionary seizure freezes assets or funds without selling them. It is useful when you fear that the debtor is planning their insolvency.
Article L511-1 of the Code of Civil Enforcement Procedures sets out two conditions : a claim that appears to be well-founded in principle and circumstances likely to jeopardize its recovery. The enforcement judge rules on application, without adversarial proceedings, thus preserving the element of surprise.
A common pitfall: Article R511-7 of the same code requires that, in the absence of an enforceable title, proceedings must be initiated within one month of the measure's execution. Otherwise, the measure lapses. A payment order, an interim injunction, or a summons can be used to meet this deadline.
Therefore, the precautionary measure and the main procedure must be considered together, and not one after the other.
Execute the decision and recover the funds
The bailiff and seizures
- Attachment orderon bank accounts
- Seizure of receivablesthat the debtor holds against its own customers
- Seizure of movable property:Based on what the debtor actually owns
Obtaining an enforceable judgment is not enough; payment must still be received. The bailiff can then resort to an attachment order on bank accounts, a seizure of receivables that the debtor holds against its own clients, or a seizure of movable property.
The choice of measure depends on what the debtor actually owns. A preliminary investigation into their assets, bank accounts, and clients avoids unnecessary costs. We coordinate this work with the bailiff from the outset of the case.
The debtor is in insolvency proceedings: declare your claim
The logic is reversed
from the date of publication of the opening judgment in the BODACC
As soon as a receivership or liquidation proceeding begins, the logic is reversed. You no longer pursue the debtor; you declare your claim to the court-appointed administrator (receivership) or the liquidator (liquidation).
The deadline is two months from the publication of the opening judgment in the BODACC (Official Bulletin of Civil and Commercial Announcements), and is extended to four months for creditors not residing in metropolitan France (Articles L622-24 and R622-24 of the French Commercial Code). An oversight or delay may jeopardize the payment of your claim in the proceedings.
Our insolvency law team assists creditors with this matter. Our article on filing claims details the process, and our page on companies in difficulty outlines the firm's support services.
How we handle a debt collection case
- Case analysis. We examine your documents, the debtor's solvency and the risk of dispute.
- Formal notice. We draft it so that it serves as proof and, if possible, opens an amicable solution.
- Choice of procedure. Order for payment, interim relief or substantive proceedings, with, if necessary, a protective measure.
- Enforcement. We are following up on the meaning of the title and the seizures with the bailiff.
- Monitoring your cash flow. We keep you informed of every deadline and every decision.
Frequently asked questions about debt collection
Is a formal notice required before a payment order?
While not always a prerequisite for filing a claim, it is strongly recommended. It substantiates your claim and may lead to an amicable resolution. However, it does not interrupt the statute of limitations, which continues to run. Therefore, it remains a prudent step before initiating any legal proceedings.
What is the deadline for serving the order to pay?
For payment orders issued on or after September 1, 2026, service must take place within three months. After this period, the order is void. The debtor may then file an objection within one month of service.
When to choose interim relief rather than an injunction?
When the debtor raises a seemingly minor objection, but your documents establish the debt, summary proceedings are adversarial, meaning there is no possibility of objection, and the decision is provisionally enforceable. An injunction remains preferable for a simple and relatively uncontested debt.
What should I do if my debtor is in judicial liquidation?
You must file a claim with the court-appointed administrator or liquidator without delay. The deadline is two months from the date of publication of the judgment in the BODACC (Official Bulletin of Civil and Commercial Announcements), and four months outside mainland France. A late filing may jeopardize the payment of your claim.
Can the debtor's assets be seized before judgment?
Yes, through a precautionary seizure authorized by the judge if the debt appears to be well-founded and its recovery is threatened. Without an enforceable title, proceedings must be initiated within one month of the execution of the measure, otherwise it becomes invalid.
Content prepared by the Business and Corporate Litigation Department of ARST Avocats. Lead lawyer: Thomas Vidal, commercial litigation lawyer, Paris Bar. Rules verified against official sources (French Commercial Code, French Code of Civil Procedure, service-public.gouv.fr). Updated October 2026.