Unpaid invoice in France: what to do

A client hasn’t paid you by the due date? Don’t panic, and above all don’t stay silent: the older an invoice gets, the harder it is to recover. Here is what to do, from the friendly reminder to the court.

Step 0: check your invoice

Before chasing, make sure nothing on your side is holding up payment: the right billing address, the client’s purchase order number if they have one, the due date and all mandatory information. An incomplete invoice is often set aside by the accounts department.

Step 1: the friendly reminder (D+1 to D+7)

The day after the due date, send a short, polite e-mail: the invoice attached, its amount, its due date, and the question “could you confirm the payment date?”. In most cases, it’s simply an oversight.

Payment reminder letter generator: “friendly reminder” level.

Step 2: the firm reminder (D+15)

No answer? Send another reminder that states your rights. Between businesses, late payment entitles you, without even having to send a reminder, to:

• late-payment interest, calculated on the amount due;
• a fixed recovery fee of €40 per invoice.

This is Article L441-10 of the French Commercial Code. The interest rate is the one set in your terms; failing that, it is the European Central Bank rate plus 10 percentage points.

Late-payment interest calculator

A phone call at this stage is often more effective than a third e-mail: it helps you understand what’s blocking (cash flow, a dispute, a lost invoice) and get a date.

Step 3: the formal notice (D+30)

If nothing happens, send a formal notice (mise en demeure) by registered letter with acknowledgement of receipt. It restates the invoice, the amount due with interest and the recovery fee, and sets a deadline (often 8 days) before you start proceedings. It is also a necessary step before going to court.

Payment reminder letter generator: “formal notice” level.

Step 4: procedures to recover your money

• Order for payment (injonction de payer): a fast, written procedure with no hearing, before the commercial court if your client is a trader, or the judicial court in other cases. If the judge agrees, the order is then served on the client by a judicial officer (commissaire de justice).
• Simplified small-claims recovery procedure: up to €5,000, a judicial officer can obtain a payment agreement with your client, without going before a judge. It excludes some invoices between traders: check that it applies to your case.

The justice.fr website (in French) details the forms and costs of these procedures.

What if your client is a consumer?

The €40 fee and the business late-payment interest do not apply. After a formal notice, you can claim interest at the statutory rate. The procedures in step 4 remain available.

How long do you have to act?

As a general rule, an invoice between businesses is time-barred after 5 years, and an invoice to a consumer after 2 years. Don’t wait: the chances of being paid drop quickly after 90 days.

Prevention is better than cure

• Get a quote or a contract signed before you start.
• Ask for a deposit (30% is common).
• Clearly state the due date, the late-payment interest rate and the €40 fee on every invoice.
• Invoice as soon as you deliver, and send a reminder the day after the due date.

No contract yet? Our free service agreement template (Word) covers the deposit, the due date and late-payment interest.

Based outside France and chasing a French client? Invoicing a client in France from the US or UK covers what applies to a foreign supplier.