The invoice is ten days overdue. The client is no longer answering the phone. Their accounting department promised a transfer "by the end of the week," which hasn't arrived. You're hesitating between waiting longer and following up.
You can send a reminder for an unpaid invoice the day after its due date. Between businesses, late payment penalties and the €40 fixed compensation are already due on that date, without further notice. This is stipulated in Article L441-10 of the French Commercial Code.
However, most creditors follow up too politely and for too long. Our position is simple: a friendly reminder is not a mere courtesy. It's the first step in the debt recovery process. It must already be preparing the ground for what comes next if the client still doesn't pay.
When should you follow up on an unpaid invoice between professionals?
From the day after the due date
The due date must be clearly stated on the invoice, according to Article L441-9 of the French Commercial Code. This date determines the starting point for the payment delay, not the date you notice the outstanding balance.
In the absence of an agreement, payment is due within 30 days of receipt of the goods or completion of the service. The parties may agree to a longer period, up to a maximum of 60 days from the invoice date. The contract may also stipulate 45 days end of month.
Certain sectors have their own specific deadlines, some shorter, others longer: road transport, perishable food products, toys, watches. Article L441-11 of the French Commercial Code lists these. Check it before contacting a customer about a deadline that doesn't apply to them.
Sending a reminder the day after the deadline isn't aggressive. It's simply the day the law considers your client to be late.
A reminder before the deadline often avoids the need for follow-up
A significant portion of the delays does not stem from a refusal to pay. The invoice may not have reached the correct department, the purchase order may be missing, or the client's internal approval process may be blocked.
A neutral message sent a few days before the due date resolves these situations smoothly. It confirms that the invoice has been received, by whom, and that all necessary documents are in place for payment.
What the law already grants you, without any further prompting
Between businesses, late payments have automatic consequences. Article L441-10 of the French Commercial Code stipulates that late payment penalties are due without the need for a reminder. Therefore, you do not need to initiate them with a letter.
- Late payment penalties begin to accrue from the day after the payment due date shown on the invoice, for each day of delay.
- Their rate is that of your general terms and conditions or contract. It cannot be less than three times the legal interest rate, i.e., 8.25% in the second half of 2026.
- In the absence of a specified rate, the rate is that of the European Central Bank on July 1st, plus 10 points. It reaches 12.40% in the second half of 2026.
- The fixed compensation for recovery costs is €40 per invoice paid late, according to article D441-5 of the Commercial Code.
- Additional compensation may be claimed upon presentation of supporting documents if your actual recovery costs exceed €40.
| Element | Second half of 2026 | Legal basis |
|---|---|---|
| Legal interest rate, professional creditor | 2,75 % | Order of June 26, 2026 |
| Minimum penalty rates stipulated in the contract | 8,25 % | Article L441-10 of the Commercial Code |
| Penalty rates if the contract does not specify anything | 12,40 % | Article L441-10 of the Commercial Code |
| Fixed recovery fee | €40 per invoice | Article D441-5 of the Commercial Code |
An example of calculation
An invoice of €10,000 is paid 30 days late, and your terms and conditions do not specify a late payment rate. The penalties are calculated as follows: €10,000 × 12.40% × 30 / 365, or €101.92.
In addition, there is a €40 compensation fee. Neither the penalties nor the compensation are subject to VAT. This amount remains modest, but it changes the tone of the discussion: each day of delay has a cost for the customer.
What the stimulus package does not do
A reminder, even sent by registered mail, does not interrupt the statute of limitations. The Court of Cassation reiterated this principle in a ruling by its commercial chamber on May 18, 2022, concerning a formal notice. This is appeal no. 20-23.204.
The Court ruled that the list of grounds for suspension is exhaustive. It includes the debtor's acknowledgment, legal proceedings (even summary proceedings), protective measures, and enforcement actions. A reminder letter is not included.
Between merchants, the statute of limitations for a payment claim is generally five years, according to Article L110-4 of the French Commercial Code. This period may seem long, but it is easily lost in amicable settlements that drag on for years.
Before writing, four checks that change the relaunch
Before any follow-up, we always check the same points. They take a few minutes and prevent unnecessary follow-ups, or worse, follow-ups when we should already be taking other action.
Is the client subject to insolvency proceedings?
Consult the BODACC ( Announcements) on behalf of your client. If safeguard, receivership, or liquidation proceedings have been initiated, reminders are no longer necessary. The client is no longer entitled to pay debts incurred before the judgment.
Your priority then changes completely. You must file your claim with the court-appointed administrator, or the liquidator in the event of liquidation, within two months of the publication of the judgment in the BODACC (Official Bulletin of Civil and Commercial Announcements). Any reminder sent during this period is a waste of time.
Has the invoice been received, and under what status?
Since September 1, 2026, all businesses, regardless of size, must be able to receive electronic invoices. Each invoice follows a lifecycle, with statuses transmitted by the platforms, including "rejected" and "paid".
Before sending a reminder, check the invoice status on your platform. An invoice rejected by the client is not sent again; it is corrected. An invoice marked as disputed calls for a discussion about the disagreement, not a payment reminder.
Our article on electronic invoicing on September 1, 2026 details what the reform changes in your contracts.
Are you writing to the correct debtor?
Within a group, the company that placed the order isn't always the one that pays, nor is it always the one you negotiated with. Contacting the wrong entity is pointless and can delay subsequent procedures.
Please retrieve the purchase order, contract, and invoice. Identify the debtor company by its name and SIREN number. Send the reminder to its accounts payable department, with a copy to your operational contact.
What is the current status of the limitation period?
For a recent invoice, the question is moot. For an older debt, however, it becomes crucial. If the 5-year deadline is approaching, a reminder won't protect you. Only legal action, written acknowledgment from the client, or a precautionary measure will interrupt the limitation period.
In this case, don't restart. Take action.
The recovery schedule we recommend
At the end of 2025, the average payment delay in France reached 13.4 days. This figure comes from the 2025 report of the Payment Delays Observatory, published by the Bank of France. This delay can be reduced primarily through a specific method.
There is no legally mandated timeline for the recovery process. The one we recommend is based on one idea: each step must produce a written and dated record, and bring the case closer to a decision.
| Moment | Channel | Objective | Trace preserved |
|---|---|---|---|
| 5 days before the deadline | Check receipt of invoice and documents | Email dated | |
| The day after the deadline | Email, then phone call | Report the delay and get a payment date | Email and call report sent in writing |
| 8 days after the deadline | Email to the accounting department and the person who signed the order | Claim the principal amount, penalties, and compensation | Email with countdown |
| 15 days after the deadline | Registered letter or email with proof of receipt | Final amicable reminder, announcement of the formal notice | Letter and acknowledgement of receipt |
| 21 to 30 days after the deadline | A formal notice, drafted by a lawyer if the stakes warrant it | Formalize the requirement and open the recovery phase | Formal notice and proof of sending |
The first reminder, the day after the deadline
It remains short and factual. It reiterates the invoice, the amount, the overdue date, and requests a payment date. The subsequent call has only one goal: to obtain a firm commitment.
After the call, confirm in writing what was said. A verbal promise of a transfer leaves no trace. A summary email, which remains unchallenged, does.
The second relaunch, one week later
The tone becomes firmer. You attach the breakdown of penalties and the fixed compensation, without necessarily demanding their immediate payment. You demonstrate that you know your rights.
Also send it to the person who signed the purchase order. The accountant executes orders; they rarely make the decisions. The person who placed the order often has an interest in releasing the payment to preserve the relationship.
The final amicable reminder, after two weeks
She sets a deadline and outlines the next steps: a formal notice, followed by debt collection proceedings. Only announce what you are prepared to do. A threat that is not followed through weakens all your subsequent follow-up efforts.
A schedule to be adapted, not applied blindly
This payment schedule is suitable for most business-to-business debts. It becomes more restrictive if the client shows signs of difficulty: repeated delays, change of contact person, unexplained partial payments.
Conversely, it may be more flexible for a strategic client whose delay is temporary and understandable. In this case, the flexibility must be a deliberate decision, made in writing, and not an informal deviation.
What should a reminder for an unpaid invoice contain?
The details that make the relaunch usable
A useful reminder is one that a judge, bailiff, or mediator can read without further explanation. It should allow the recipient to understand what is owed, since when, and why.
- The invoice number, date and amount, with its due date.
- The order reference, the signed quote or the contract reference.
- The calculation of late payment penalties and the fixed compensation of €40.
- A specific payment deadline, not a vague phrase like "quickly".
- Bank details and the person to contact for any questions.
- An invitation to state in writing any reason for disagreement regarding the invoice.
Include the invoice and, if possible, the delivery note or the acceptance report. The customer will then no longer be able to claim not to have received the parts.
The right tone: firm on the facts, neutral on the person
An effective follow-up doesn't judge the client. It acknowledges a delay, reiterates the rules, and sets a deadline. Accusations and harsh words don't speed up payment, and they don't hold up well in court.
Never write to your debtor's clients or suppliers to complain about their late payment. Such a letter could be considered defamatory and backfire on you. The pressure should be placed on the debtor, not on their business associates.
Three recovery models to adapt
These templates are suitable for undisputed invoices between businesses. They must be adapted to your contract, your terms and conditions, and the history of the relationship.
First reminder, the day after the deadline
Subject: Invoice no. … dated … due date
Madam, Sir,
Unless we are mistaken, invoice no. … for the amount of … € (including VAT), due on …, has not yet been paid. You will find it attached.
Can you tell us the date on which the payment will be made? If there is anything wrong with the invoice, please let us know by replying to this email.
With thanks,
Second reminder, one week after the deadline
Subject: Second reminder, invoice no. … due on …
Madam, Sir,
Despite our reminder on …, invoice no. … for the amount of … € including tax remains unpaid to this day.
This delay automatically incurs late payment penalties and a fixed compensation of €40. This is stipulated in Article L441-10 of the French Commercial Code. The current statement of account is attached.
We would appreciate it if you could make the payment no later than…
Final friendly reminder, two weeks after the deadline
Subject: Final reminder before formal notice, invoice no. …
Madam, Sir,
Our reminders of … and … have been unsuccessful. Invoice no. … remains unpaid, for a total amount of … €, including penalties and fixed compensation.
If payment is not received by [date], we will send you a formal notice and initiate the necessary debt recovery procedures. We remain open to discussing any disagreements, provided they are submitted to us in writing before this date.
What the client's response legally changes
The follow-up isn't just valuable because of what you write. It's also valuable because it compels the client to respond. Each type of response opens a different chain of events.
The silence
The client's silence does not constitute an admission of debt. However, it does have practical value. A series of specific reminders that went unanswered demonstrates to the judge that the debt was never disputed.
This point takes on particular significance with the new procedure for recovering undisputed commercial debts, presented below. It presupposes precisely a debt that the debtor has not contested.
The protest
If the customer disputes the delivery, ask them to put their grievances in writing. A vague complaint, raised for the first time after three reminders, does not carry the same weight as a specific claim made upon delivery.
If the disagreement concerns only part of the invoice, demand immediate payment of the undisputed portion. This request isolates the true dispute and limits your exposure.
The nature of the dispute also determines the next steps. A minor dispute is dealt with quickly through summary proceedings. A serious dispute requires a full hearing. Our page on debt collection between businesses explains this choice.
The request for a delay or a payment schedule
This is the most common answer, and the most helpful for you if it's in writing. Article 2240 of the Civil Code stipulates that the debtor's acknowledgment of the creditor's right interrupts the statute of limitations. A clear request for an extension can have this effect.
Accepting a timeline is not a weakness, provided it is formalized. A written agreement must specify:
- the total amount recognized, including principal, penalties and compensation;
- the dates and amounts of each payment due;
- the forfeiture of the term, that is to say the immediate payment of the balance at the first incident;
- the fate of late payment penalties, maintained or waived subject to compliance with the plan.
Keep this in mind: if the case goes to court, the judge can still grant the debtor extensions. Article 1343-5 of the Civil Code allows them to postpone or stagger the debt, up to a limit of two years. A negotiated payment plan runs for a period you choose.
Partial payment
A partial payment reduces the debt, but does not settle everything. The fixed penalty remains due even with a partial payment, and penalties continue to accrue on the remaining balance.
Depending on the circumstances, a partial payment may also constitute an acknowledgment of the remaining debt. Record each payment in writing, specifying the outstanding balance.
A customer who no longer responds
A manufacturer has contacted a distributor three times. There has been no response, no payment, even though previous orders were paid on time. This sudden silence is a warning sign: before sending a fourth reminder, the manufacturer should consult the BODACC (Official Bulletin of Civil and Commercial Announcements) and consider issuing a formal notice.
A protest that arose late
After two follow-up emails, a service company receives an email alleging "non-compliant" service, without further details. The correct response is to request a detailed written explanation of the grievances and to remind the company that no reservations were raised upon delivery.
A payment plan in three installments
The manager of a small business client calls to propose three monthly payments. The opportunity is ripe: a written agreement transforms this proposal into an acknowledgment of debt, with a clause stipulating acceleration of the loan in case of default.
A debtor published in the BODACC
While preparing his final payment reminder, a service provider discovers that his client has been in receivership for three weeks. He decides not to send any further reminders. He files his claim with the court-appointed administrator before the two-month deadline expires.
Mistakes that turn a follow-up into a waste of time
In cases of unpaid debts, the time lost rarely lies in the procedure itself. It lies in the weeks of verbal reminders, without dates or written records, that precede the decision to act.
Three common mistakes
- Follow up only by phone. A call is useful for scheduling a date, but it proves nothing. Without a confirmation email, three months of follow-ups may leave no usable record.
- Granting an extension without a written agreement. A postponement accepted orally obscures the due date and deprives the creditor of an acknowledgment of debt that would have interrupted the statute of limitations.
- Waiting is key to preserving the relationship. The longer the delay, the greater the risk of insolvency. A client in difficulty will pay creditors who are persistent and methodical in their demands first.
Three habits that speed up payment
- Keep a record for each client. Dates of follow-ups, responses received, promises made. This table becomes the chronology of your future case.
- Request the reason for the delay in writing. The response will tell you whether it's an oversight, a dispute, or a cash flow problem. Each requires a different course of action.
- Re-examine ongoing deliveries. Suspending your own services may be justified, but the contract and the seriousness of the breach must allow it. Our article on theexception of non-performance details the conditions.
These reflexes are prepared in advance. Clear terms and conditions of sale make each reminder easier to draft and harder to dispute. They specify the deadline, the penalty rate, and the retention of title clause.
After the amicable follow-up, what are the possible next steps?
The formal notice
The formal notice is the step that follows the final reminder. It formalizes the payment demand, sets a deadline, and outlines the consequences of non-payment. It also prepares, where applicable, for the termination of the contract.
It does not interrupt the statute of limitations any more than a reminder does. Its content and method of sending should therefore be carefully considered in light of the subsequent legal proceedings. Our article " Should you have a lawyer draft a formal notice? " details its drafting and its effects.
The Business Mediator
When a business relationship deserves to be preserved, the Business Mediator offers a free and confidential amicable solution. They intervene between parties in business relationships, generally for disputes exceeding €1,500.
A mediator contacts the company that requests mediation within 7 days. Mediation lasts from a few hours to a maximum of 2 or 3 months. It requires the agreement of both parties, and either party can end it at any time.
Procedures without a judge
Law No. 2026-307 of April 23, 2026, established a procedure for recovering undisputed commercial debts, without a maximum amount. It applies to invoices between merchants that are certain, liquid, due, and undisputed.
A bailiff issues a payment order. The debtor has one month to pay or contest the order. Contesting the order terminates the proceedings. If the debtor fails to do so, a report of non-contestation is issued and made enforceable by the clerk of the commercial court.
Decree No. 2026-967 of October 20, 2026, sets out the procedures. It enters into force on a date to be determined by ministerial order, and no later than December 31, 2026. Specific reminders that have gone unchallenged are the most solid starting point for this procedure.
For debts of €5,000 or less that do not involve two businesses, the simplified procedure for recovering small debts remains available. This procedure also involves a court-appointed administrator, but requires the debtor's agreement.
Legal proceedings
If an amicable solution fails, three main procedures allow you to obtain an enforceable judgment: a payment order, an interim injunction, and a summons to appear in court. Our article onpayment orders describes how these procedures work.
How we choose the next step
After the final reminder, the question is not whether to "go to litigation." It is which path leads most reliably to payment, given the client's response and their situation.
| Situation after the reminders | Suite usually preferred | For what |
|---|---|---|
| Total silence, documented invoice between merchants | Procedure for undisputed commercial debts, or order to pay | No dispute to resolve |
| Late or poorly substantiated objection | Interim relief | The judge quickly dismissed a frivolous objection |
| Real disagreement on the service | Mediation or substantive proceedings | The dispute must be resolved in its entirety |
| Signs of organized insolvency | Protective measure authorized by the judge | Locking up funds before they disappear |
| Client in insolvency proceedings | Statement of claim | Individual prosecutions have been halted |
An amicable debt recovery approach is not always the right first step. If the debtor empties their accounts or sells off assets, each reminder serves as a warning and buys them time. A precautionary seizure, authorized by the judge without a hearing, then becomes the priority.
At the firm, Thomas Vidal and Fanny Hurreau handle these debt recovery cases. They work within our business and corporate litigation.
When the debtor enters insolvency proceedings, our insolvency department takes over.
Frequently asked questions about following up on an unpaid invoice
Can we charge the customer reminder fees?
Between professionals, the law stipulates a fixed penalty of €40 per invoice paid late, without reminder. If your actual expenses exceed this amount, additional compensation can be claimed upon presentation of supporting documents. Legal fees incurred in court proceedings are subject to a different rule, determined by the judge.
Does a follow-up email have legal value?
Yes, as evidence. Between businesses, proof of commercial transactions is freely admissible, and a dated email shows that the debt was claimed. Its limitation lies in the proof of receipt, which the client can contest. For the final reminder, opt for a registered letter or an email with verifiable delivery.
How many reminders are required before a formal notice is issued?
No specific number of reminders is mandated. We recommend three written reminders over two to three weeks, followed by a formal notice. Beyond that, each additional reminder signals to the client that the delay remains inconsequential. This frequency is reduced if the client shows signs of difficulty, or if the statute of limitations is approaching.
Does the reminder interrupt the limitation period?
No. Neither a reminder nor a formal notice interrupts the statute of limitations, the Court of Cassation ruled on May 18, 2022. Only an acknowledgment by the debtor, a legal claim, a protective measure, or an act of enforcement has this effect. A written request for an extension from the client can be considered an acknowledgment.
Is it possible to revive a client who is in receivership?
For invoices issued before the commencement of insolvency proceedings, no. The client no longer has the right to pay them, and individual legal actions are suspended. You must file your claim with the court-appointed administrator within two months of the judgment's publication in the BODACC (Official Bulletin of Civil and Commercial Announcements). Invoices issued after the judgment are subject to a different procedure.
Should penalties be claimed from the first restart?
These fees are due the day after the due date, whether you claim them or not. Mentioning them too early can alienate a customer acting in good faith. We advise including them in the second reminder, with a detailed breakdown. Waiving them remains your choice, but do so in writing and conditional upon payment.
Follow up early, in writing, already thinking about what comes next
A successful overdue invoice recovery process is characterized by two things: the client often pays, and if they don't, you have a ready-made case. This case includes a dated invoice, specific claims, and either a written response from the client or documented silence.
Penalties and compensation accrue without you; the statute of limitations does as well. Between these two points, an amicable appeal is only worthwhile if it brings the case closer to a decision.