Order to pay: procedure, deadlines and 2026 reform

​Is an invoice still unpaid despite reminders and formal notices? The order for payment procedure can allow a company to quickly obtain a court decision ordering its debtor to pay.

Presented as a simple, quick, and inexpensive debt recovery procedure, the payment order is not automatic. The creditor must demonstrate the existence and amount of their claim, bring the matter before the competent court, adhere to strict deadlines, and anticipate any potential objection from the debtor.

Since September 1, 2026, the order to pay procedure is also subject to new rules which accelerate its progress, but strengthen the vigilance expected of the creditor.

When can you request a payment order? How do you file a request? Which court should you contact? What is the deadline for serving the order? What happens when the debtor files an objection? Here are the main rules to know before initiating legal debt recovery proceedings.

What is a payment order?

A payment order is a legal procedure allowing a creditor to obtain payment of a sum of money without immediately summoning their debtor to court.

Initially, the procedure is non-adversarial : the debtor is neither summoned nor heard. The judge only examines the application and the documents submitted by the creditor.

If the judge deems the request justified, they will issue a payment order. This order must then be served on the debtor by a bailiff.

The adversarial nature of the procedure reappears if the debtor files an objection. The court then examines the entire dispute, in the presence of both parties.

The order to pay is governed by articles 1405 to 1422 of the Code of Civil Procedure.

What debts can be subject to a payment order?

According to Article1405 of the Code of Civil Procedure, the order for payment procedure may be used, in particular, when the debt:

• originates from a contract;
• results from a statutory obligation;
• corresponds to a specific amount;
• results from a bill of exchange or a promissory note;
• results from the endorsement or guarantee of one of these securities;
• results from the acceptance of an assignment of trade receivables.

In practice, a payment order is frequently used to obtain payment:

• of unpaid invoices;
• of unpaid services;
• of goods delivered but not paid for;
• rent and rental charges;
• contractual royalties;
• loan repayment deadlines;
• of an acknowledgment of debt;
• fees or commissions;
• of condominium fees or charges;
• of a penalty clause stipulated in a contract;
• late payment interest and, between professionals, a fixed compensation for recovery costs.

The claim must be sufficiently substantiated. An invoice alone does not constitute irrefutable proof of the debt unless it is corroborated by any contract, purchase order, proof of delivery, or evidence demonstrating the performance of the service.

The creditor must therefore be able to produce a coherent file establishing the principle, the amount and the enforceability of his claim.

What documents should be provided with the application for an order to pay?

The success of a payment order procedure depends largely on the quality of the supporting documents presented to the judge.

The application must specify the basis of the claim and include a detailed breakdown of the sums claimed. It must be accompanied by a list of the documents produced, in accordance withArticle 1407 of the Code of Civil Procedure.

Depending on the nature of the case, it may be particularly useful to communicate:

• the signed contract or the accepted general terms and conditions;
• quotes and purchase orders;
• overdue invoices;
• delivery notes;
• the minutes of acceptance;
• email exchanges with the debtor;
• friendly reminders;
• the formal notice to pay;
• a customer account statement;
• an acknowledgment of debt;
• an agreed payment schedule;
• supporting documents for a partial payment;
• the calculation of late payment interest;
• the penalty clause invoked;
• any element demonstrating the execution of the service.

An incomplete file may lead to the total or partial rejection of the request, even when the claim actually exists.

Is a formal notice required before a payment order?

A formal notice is not always a necessary procedural requirement for filing a payment order application. However, it remains strongly recommended.

It allows:

• to remind the debtor precisely of the origin and amount of the debt;
• to set a final payment deadline;
• to officially acknowledge the non-payment;
• to start accruing default interest when the legal conditions are met;
• to demonstrate to the judge the amicable steps already taken;
• to provoke a payment, a dispute or a proposal for a payment plan;
• to identify the defenses that the debtor could subsequently raise.

A well-drafted formal notice can also avoid unnecessary proceedings or allow for the conclusion of an acknowledgment of debt or a memorandum of understanding.

For businesses, debt recovery must be part of a broader strategy that includes contract analysis, evidence preservation, and assessment of the debtor's creditworthiness. The Business Litigation team at ARST Avocats intervenes at these various stages.

Which court should be approached to obtain a payment order?

The competent jurisdiction depends on the nature of the claim and the status of the parties.

The request may, depending on the circumstances, be brought before:

• the president of the commercial court for a commercial claim falling within his jurisdiction;
• the president of the judicial court for a civil claim;
• the judge of protection disputes for matters within his jurisdiction, including certain rental disputes or consumer credit.

In commercial matters, the commercial court is generally competent when the debt results from a contract concluded between traders or commercial companies for the needs of their business.

Territorially, the request must in principle be presented before the court of the place where the debtor or one of the debtors being sued resides.

This rule, established byArticle 1406 of the Code of Civil Procedure, is a matter of public policy. A contractual clause conferring jurisdiction on another court therefore does not necessarily allow the application to be filed with the court designated by the contract.

The choice of jurisdiction must be carefully verified. An error in jurisdiction can delay recovery and require the filing of a new application.

How to file a request for an order to pay?

The application is made by a request submitted or sent to the registry by the creditor or his agent.

The request must specifically mention:

• the identity and address of the creditor;
• the identity and address of the debtor;
• the exact amount of the sum claimed;
• a breakdown of the principal, interest, penalties and fees;
• the legal and contractual basis of the claim;
• the list of supporting documents produced.

The request must be precise. The judge must be able to understand, without oral debate, why the amount claimed is due and how it was calculated.

For a commercial debt, the request can notably be made using the services offered by Infogreffe.

What decision can the judge make?

After reviewing the file, three situations are possible.

The judge fully accepts the request

The judge issues an order requiring payment of the full amount claimed.

The judge only accepts part of the request

The judge may consider that some sums are justified, but that others are not sufficiently justified.

The creditor must then choose between:

• have the order served for the amount retained;
• to renounce this order and initiate ordinary legal proceedings to claim the full amount of his debt.

He cannot appeal the rejected part while retaining the benefit of the order.

The judge rejects the request

The rejection decision is not subject to appeal. However, the creditor retains the right to initiate legal proceedings through ordinary channels, including a summons for payment or, where the conditions are met, an application for interim relief.

A payment order is therefore not always the best course of action. The procedure must be chosen based on the amount of the debt, the available documents, the existence of a dispute, and the urgency of recovery.

What will change with the reform of the payment order in 2026?

Decree No. 2026-96 of February 16, 2026, significantly modified the procedure. The new provisions apply to orders issued from September 1, 2026.

A three-month period to serve the order

The creditor now only has three months from the date of the order to have it served on the debtor by a bailiff.

Previously, this period was six months.

If the order is not served within three months, it becomes null and void. The creditor then loses the benefit of the decision obtained and must consider a new procedure.

This reduction in time is a major point of concern. Upon receipt of the order, its service must be arranged without delay.

The reform and its practical consequences are also presented by the official portal Service Public Entreprendre.

A forced execution is conceivable after two months

The debtor has one month to file an objection.

However, the reform also stipulates that the order only constitutes a title allowing for forced execution after the expiry date:

• suspensive causes of execution;
• and a period of two months following its notification.

In the absence of a notice of objection received within this period, the creditor may pursue forced execution under the conditions provided for in the new article 1422 of the Code of Civil Procedure.

Increased vigilance in case of opposition

When the debtor files an objection, the creditor must keep and produce the document proving service of the order.

In certain court proceedings, its production at the hearing is required under penalty of inadmissibility of the claims. The reform therefore mandates more rigorous document tracking between the creditor, their lawyer, and the court-appointed administrator.

How is the order served on the debtor?

The notification is carried out at the initiative of the creditor by a bailiff.

The document must include, in particular:

• a certified copy of the request;
• the list of supporting documents;
• the order bearing the enforcement formula;
• a formal demand to pay the specified sums;
• the indication of the time limit and procedures for objection;
• the warning regarding the consequences of a lack of objection.

Supporting documents are generally made available to the debtor electronically. If a cause beyond the control of the bailiff prevents this, the documents are attached to the copy of the served application.

An irregularity affecting the service of process can weaken the procedure. The content of the document and the method of delivery must therefore be checked.

How to contest a payment order?

The debtor may file an objection with the court whose judge or president issued the order.

The objection must in principle be made withinone month of notification.

It can be done at the registry:

• by declaration against receipt;
• or by registered letter.

When service has not been made on the person of the debtor, the period for objection may remain open until the expiry of the month following the first document served on the person or the first enforcement measure rendering his assets unavailable.

The opposition may be based, in particular, on:

• the absence of debt;
• the payment already made;
• an error in the amount claimed;
• the statute of limitations for the debt;
• the non-performance or improper performance of the contract by the creditor;
• a dispute concerning the delivery or service;
• a set-off against a claim held against the plaintiff;
• the excessive nature of a penalty clause;
• the irregularity of the request or the service;
• the incompetence of the court seized.

The opposition brings the initial claim and the entire dispute before the court. The proceedings then become adversarial, and the judgment rendered replaces the order.

Is a lawyer mandatory in matters of payment orders?

The initial filing of the request can, in principle, be carried out by the creditor himself or by an agent.

However, legal counsel remains useful when:

• the debt is significant;
• several contracts or invoices are involved;
• calculating interest or penalties is complex;
• the debtor is already disputing the debt;
• An opposition seems likely;
• a precautionary measure is being considered;
• the debtor is in financial difficulty;
• The recovery must be coordinated with an enforcement procedure.

In the event of an objection, the rules of representation depend on the court hearing the case, the nature of the dispute, and the amount of the claim. Before the civil court, legal representation may be mandatory. Furthermore, the 2026 reform requires, in certain matters, that the creditor appoint a lawyer within fifteen days of being notified of the objection.

Fanny Hurreau, associate lawyer, specializes in business litigation, civil procedure and debt collection.

Order for payment, interim relief or summons to appear in court: which to choose?

The order to pay is particularly suitable when the debt is well documented and the debtor has not yet raised any serious objections.

It may be less relevant when:

• the debtor formally disputes the service;
• Expertise is needed;
• Reciprocal demands are to be expected;
• Several people responsible must be held accountable;
• the dispute requires an immediate adversarial debate;
• An urgent decision must be obtained after the hearing;
• the creditor wishes to request something other than just the payment of a sum of money.

A summary proceeding may be considered when a quick hearing is necessary and the obligation is not seriously contestable.

A substantive summons is often preferable when the dispute is complex, when the debtor's liability must be demonstrated, or when several claims must be presented simultaneously.

The choice of procedure must also take into account the debtor's solvency. Obtaining a favorable decision does not guarantee actual recovery if the debtor is insolvent or subject to insolvency proceedings.

What happens if the debtor is in safeguard, receivership or judicial liquidation?

The opening of safeguard, receivership or liquidation proceedings in principle prohibits or interrupts legal actions seeking payment of a sum of money that arose prior to the judgment opening the proceedings.

The creditor must then declare their claim to the court-appointed administrator or liquidator within the applicable time limits.

A payment order should therefore not be initiated or pursued without first verifying the debtor's situation. The Insolvency Law team at ARST Avocats assists creditors with filing, verifying, and contesting claims.

Is a payment order really a simplified procedure?

A payment order remains an effective procedure for recovering an unpaid invoice or a clearly established contractual debt. It initially avoids a court hearing and allows the judge to rule based on the documents presented.

However, it is only simple if each of its steps is mastered:

• verify the statute of limitations and the enforceability of the debt;
• gather evidence of the contract and its execution;
• calculate precisely the amounts claimed;
• to refer the matter to the competent court;
• submit a complete request;
• have the order served within three months;
• monitor the objection period;
• retain proof of service;
• to anticipate a possible contradictory debate;
• verify the debtor's solvency before any execution.

Since the 2026 reform, the order to pay is faster, but it also leaves less room for delays and follow-up errors.

ARST Avocats assists companies in recovering their commercial debts, from the formal notice to forced execution, including the application for an injunction to pay and the opposition procedure.

Article written by Fanny Hurreau, partner lawyer.

FAQs about payment orders

What is the time limit for obtaining a payment order?

The processing time depends on the jurisdiction and the workload of the court registry. There is no uniform legal deadline requiring the judge to issue their order within a specific timeframe.

What is the deadline for serving the court order?

For orders issued since September 1, 2026, service must take place within three months of the date of the order. Otherwise, the order is void.

How long does the debtor have to file an objection?

The time limit is generally one month from the date the order is served. Special rules apply when service has not been effected personally.

Can a payment order be requested without a signed contract?

Yes, depending on the circumstances, but the creditor must establish the existence of the agreement and the performance of its obligations by a coherent set of evidence: accepted quote, purchase order, emails, delivery, receipt or commencement of payment.

Is an invoice sufficient to obtain a payment order?

Not necessarily. A unilaterally issued invoice may be insufficient if it is not accompanied by any document demonstrating the order and the execution of the service.

Can we obtain payment of late payment interest?

Yes, provided that the basis, rate, starting point, and calculation are specified. Between professionals, the fixed compensation for recovery costs can also be claimed when it is due.

What if the request is rejected?

The rejection is not subject to appeal. The creditor may, however, initiate ordinary legal proceedings, including a summons to appear in court or, if the conditions are met, an application for interim relief.

Does the opposition automatically cancel the debt?

No. The objection opens a debate. The court then examines the creditor's claims and the debtor's defenses before issuing a judgment that replaces the order.