Debt collection in France

France is the eurozone's second-largest economy and a jurisdiction where debt collection is governed by a sophisticated Code de Commerce and an efficient Tribunal de Commerce system designed specifically for commercial disputes. French commercial law does not punish creditors for asserting their rights. It punishes debtors for ignoring them.

The Legal Framework

French commercial debt collection operates under the Code de Commerce, the Code Civil, and the Code de Procédure Civile (CPC). Statutory interest on commercial debts is governed by Article L441-10 of the Code de Commerce, which sets the minimum penalty rate at three times the BCE (Banque Centrale Européenne) legal interest rate, applied from the day after the contractual due date. In addition, a fixed Indemnité Forfaitaire de Recouvrement of EUR 40 per unpaid invoice is automatically owed by the debtor — no demand required, no proof of costs needed.

Art. L441-10 Code de Commerce · Art. 1405-1425 CPC

Statutory interest at 3x ECB rate. EUR 40 fixed indemnity per unpaid invoice — automatic, no proof required.

The Mise en Demeure: Starting the Clock

French debt collection begins with a Mise en Demeure (formal notice), sent by Lettre Recommandée avec Accusé de Réception (LRAR — registered mail with acknowledgement of receipt). This is more than a demand letter — it is a legally significant act under Article 1344 of the Code Civil that formally places the debtor in default and triggers full statutory interest.

The Mise en Demeure must be in French, must reference the specific invoices or contractual obligations, and must set a reasonable deadline for payment (typically 8–15 days). A properly drafted Mise en Demeure, on French letterhead, citing the correct articles of the Code de Commerce, signals to the debtor that the creditor is operating within the French system — not fumbling from abroad.

The Injonction de Payer: France's Payment Injunction

The Injonction de Payer (payment injunction) under Articles 1405–1425 CPC is France's fast-track instrument for undisputed commercial debts. The creditor files a Requête at the Tribunal de Commerce, supported by documentary evidence. The Président du Tribunal reviews the application ex parte and issues an Ordonnance d'Injonction de Payer.

The debtor has one month from service to file an Opposition (objection). If no opposition is filed, the creditor requests a declaration of enforceability (Formule Exécutoire), and the order becomes a Titre Exécutoire — fully enforceable.

JURISDICTION BRIEFING

How InterStation collects in France — a 90-second briefing

The Référé-Provision: Emergency Provisional Payment

For urgent claims where the debtor's obligation is "not seriously contestable", the Référé-Provision under Article 873 CPC provides a provisional payment order. The Président du Tribunal de Commerce hears the case in a single hearing — often scheduled within 2–3 weeks — and can order the debtor to pay immediately.

Enforcement: The Commissaire de Justice

Enforcement costs are largely borne by the debtor under French law. The Commissaire's fees follow a regulated tariff and are added to the debtor's obligation. The creditor's out-of-pocket enforcement costs are minimal.

The Procédure Collective: When the Debtor Is in Trouble

French insolvency law provides for Sauvegarde, Redressement Judiciaire, and Liquidation Judiciaire. If the debtor is placed in Redressement or Liquidation, all individual enforcement is stayed and the creditor must file a Déclaration de Créance within two months of publication.

Need to collect a debt in France? Contact us with your case details and we will confirm our approach within 24 hours.