You are a creditor: recovering what you are owed
Your debtor is not paying. Amicable attempts have failed. You are unsure whether court proceedings are justified, or which procedure to use. This is precisely the point at which instructing a lawyer changes the outcome.
Our firm handles the recovery of commercial and civil debts throughout France. We act for businesses facing unpaid invoices, directors who need to protect their cash flow, individuals holding unsettled claims, and foreign creditors seeking to enforce a title in France.
What we handle
- Analysis of your case and assessment of the debtor’s solvency
- Drafting and sending a formal demand letter (mise en demeure)
- Selecting the most appropriate procedure based on the amount at stake and the debtor’s likely response
- Representation before the commercial court (tribunal de commerce) or the civil court (tribunal judiciaire)
- Coordination with the commissaire de justice for enforcement
- Obtaining urgent protective measures (freezing orders) where assets are at risk
Article 1344-1 of the French Civil Code
A formal demand for payment of a monetary obligation triggers the running of statutory interest (interet moratoire), without the creditor having to prove any loss. Acting promptly has a direct consequence: from the date the demand letter is sent, interest accrues in your favour.
You are a debtor: challenging recovery proceedings
You have received a payment order, a summons for summary judgment or a seizure notice. You have grounds for defence. But they must be raised within strict time limits.
Our lines of defence
- Opposition to a payment order (injonction de payer) within the one-month deadline
- Challenging a garnishment or freezing order before the enforcement judge
- Negotiating payment schedules and instalment plans
- Verifying the validity of the enforceable title and the regularity of the enforcement procedure
Time limit for opposition
Opposition to a payment order (ordonnance d’injonction de payer) must be filed within one month of service. Once this deadline passes, the order becomes a final enforceable title and the creditor may commence compulsory execution.
The stages of debt recovery in France
French debt recovery follows an escalation logic. It always begins with an amicable approach – the least costly and often the fastest. If that fails, several court procedures can produce an enforceable title. Armed with that title, the commissaire de justice carries out the seizure.
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Formal demand letter
Amicable negotiation
Simplified procedure (< EUR 5,000)
Payment order (injonction de payer)
Summary judgment (refere provision)
Full proceedings on the merits
Compulsory execution
The formal demand letter (mise en demeure) sent by registered post is the starting point. A lawyer’s demand letter triggers statutory interest and frequently prompts payment on its own. If the debtor responds but disputes the claim or requests time, we negotiate a settlement agreement that secures your position.
For debts below 5,000 euros, a simplified procedure allows a commissaire de justice to issue an enforceable title without going to court, provided the debtor consents to the process.
The payment order (injonction de payer) is the most common non-adversarial procedure. The court issues an order on a simple application, without the debtor being notified in advance. If the debtor does not file an opposition within one month of service, the order becomes enforceable.
A summary judgment for provisional payment (refere provision) is appropriate where the obligation is not seriously contested. It is the fastest judicial route for debt recovery in France: two to four months to obtain a provisional order for payment.
Where the debt is disputed on the merits, full proceedings (assignation au fond) resolve the matter definitively in adversarial proceedings. The timeframe is longer – six to eighteen months – but the decision is final.
Once armed with an enforceable title, the commissaire de justice carries out the seizures: garnishment of bank accounts, seizure and sale of movable property, or foreclosure on real property for the largest claims.
Comparison of French judicial recovery procedures
| Payment order | Summary judgment | Full proceedings | |
|---|---|---|---|
| Adversarial | No | Yes | Yes |
| Average duration | 1-3 months | 2-4 months | 6-18 months |
| Lawyer required | No (< EUR 10,000) | Yes (> EUR 10,000) | Yes (> EUR 10,000) |
| Main risk | Opposition by the debtor | Referral to full proceedings | Duration |
Frequently asked questions
How much does a French debt recovery lawyer cost?
Fees depend on the amount of the claim and the procedure used. We provide an initial assessment of your case and a detailed fee estimate before taking any action. If successful, the court may order the debtor to contribute towards your legal costs under Article 700 of the French Code of Civil Procedure.
How long does debt recovery take in France?
It depends on the procedure chosen and the debtor’s response. An effective demand letter can trigger payment within weeks. A payment order takes one to three months. Summary judgment, two to four months. Full proceedings on the merits, six to eighteen months.
Do I need a lawyer to recover a debt in France?
A lawyer is not mandatory below 10,000 euros. However, instructing a lawyer from the amicable stage significantly increases the recovery rate: a demand letter from a French lawyer carries far more weight than an internal reminder or a debt collection agency’s notice.
What if my debtor enters insolvency proceedings?
The opening of redressement judiciaire (reorganisation) or liquidation judiciaire (winding-up) in France suspends individual enforcement actions. You must file a proof of claim (declaration de creance) within two months. Our firm assists with the filing and monitors the restructuring plan.
My debtor is dissipating assets. What can I do?
If you fear that your debtor is making itself judgment-proof, we can apply to the court for an urgent freezing order (saisie conservatoire). This measure freezes bank accounts or secures assets before you even obtain a judgment on the merits.
What are the limitation periods for debt recovery in France?
The limitation period varies depending on the nature of the debt. Commercial debts are subject to a five-year limitation. For claims between a business and a consumer, the period is two years. Once an enforceable title is obtained, enforcement may be pursued for ten years.