7 Steps to Collect Debt from a French Company (2025 Guide)

Collecting a debt from a French company can feel confusing, especially if you are based outside France. Many businesses face this situation every year — invoices go unpaid, communication slows down, and the process suddenly feels complicated because of the French legal system and language barriers.

France has very specific rules for debt recovery. It follows procedures defined under the French Civil Code and Commercial Code, which protect both creditors and debtors. This means you cannot simply demand payment or take action on your own, you must follow the right legal steps.

The good news is that the process works efficiently when handled correctly. French law gives clear paths to recover what is owed. Every debt recovery begins with amicable recovery, where you send a formal notice and try to reach an agreement without going to court. If that fails, you move to the judicial stage, where the court can issue an order for payment. Finally, if the debtor still does not comply, the enforcement phase allows a bailiff to recover funds directly through legal enforcement actions.

This guide explains each of these phases in simple terms. You will learn how to send a proper formal notice, when to start legal proceedings, and how enforcement works in France. Whether you are a business or an individual, this article will help you understand how to collect a debt from a French company step by step, while staying within the law and improving your chances of success.

Understanding Debt Collection in France

Debt collection in France follows a structured legal system designed to protect both sides — the creditor who is owed money and the debtor who must pay. It is mainly governed by the French Civil Code and the French Commercial Code, which set clear rules for how debts must be claimed, proven, and recovered.

In France, several types of debts can be collected. The most common are commercial debts, which arise from transactions between two businesses, such as unpaid invoices, contracts for goods, or service agreements. There are also contractual debts between private parties, and cross-border debts, which involve a company outside France that is owed money by a French firm. Each type may require slightly different documentation or legal handling, but the main principles remain the same.

Proper documentation is the foundation of every successful debt recovery case. Creditors must have clear proof that the debt exists and remains unpaid. This usually includes the signed contract, detailed invoices, delivery notes, and copies of all correspondence or reminders sent to the debtor. The stronger the documentation, the faster and smoother the recovery process will be.

Several key players are involved in debt recovery. The creditor is the person or company claiming the debt, while the debtor is the one who owes the payment. A lawyer experienced in French debt recovery helps guide the process and represent the creditor in court if needed. Finally, the Commissaire de Justice, also known as a bailiff, plays a vital role in enforcing court orders and ensuring that the creditor finally receives the money owed.

Understanding these basics makes the next steps easier and helps you approach the French debt recovery process with confidence and clarity.

Step 1 – Amicable Debt Collection

3.1 Why Amicable Recovery Comes First

In France, the law always encourages amicable debt collection before going to court. This means trying to recover the money through communication and negotiation rather than legal action.

Courts see it as a sign of good faith when a creditor first makes friendly contact with the debtor. It also helps maintain business relationships, especially when the debt is caused by short-term financial difficulties, not bad intent.

Amicable recovery is faster, less costly, and often more effective than legal proceedings. It shows professionalism and gives both sides a fair chance to find a peaceful solution before involving a judge.

Late payments have become increasingly common across France, affecting both small and large businesses.

Recent industry data shows that average payment delays in France have increased by more than 15% in 2025, with many companies waiting over 19 days past due dates to receive funds.
This trend makes it even more important to act quickly when an invoice remains unpaid and begin the amicable recovery phase without delay.

3.2 Sending the “Mise en Demeure”

The Mise en Demeure is the official first step in French debt recovery. It is a formal written demand asking the debtor to pay within a fixed time.

This letter must include:

• The exact amount owed.
• The reason for the debt (for example: unpaid invoice, contract breach, or service rendered).
• A clear deadline for payment, usually 8 to 15 days.
• A legal warning that if payment is not made, court action may follow.

It is sent as a registered letter with acknowledgment of receipt (Lettre Recommandée avec Accusé de Réception). This serves as legal proof that the debtor received your request.

Here’s what a simple notice might include:

Example:
“Dear [Debtor’s Name],

We kindly remind you that invoice no. 245 dated 12 May 2025, amounting to €4,800, remains unpaid despite our earlier reminders.

We request full payment within 10 days of receiving this letter. Failing this, we may initiate legal recovery proceedings without further notice.

We thank you in advance for settling this matter promptly.

Yours sincerely,
[Your Company Name]”

This formal step is crucial because it creates a legal starting point for any future court case. Without it, the judge may refuse your claim or delay the procedure.

3.3 Negotiation and Payment Arrangements

After sending the Mise en Demeure, the next step is to open dialogue with the debtor. Sometimes, the delay in payment happens for simple reasons — like temporary cash flow issues or administrative delays.

In such cases, offering a payment plan or settlement agreement can be beneficial. It shows flexibility while still protecting your rights.

Here’s how you can handle this stage:

• Discuss options: Ask if the debtor can pay part now and the rest later.
• Put everything in writing: Any agreement should be confirmed by both sides, including payment dates and amounts.
• Stay professional: Keep all communication polite, even when frustrated.

For example, if a company says they are waiting for a large client payment, you might agree to accept 50% now and the balance in 30 days. This keeps things moving without harming the relationship.

A well-handled negotiation can often recover the full amount without going to court — saving time, costs, and reputation for everyone involved.

3.4 When to Escalate

If the debtor ignores your letters or refuses to cooperate, it’s time to move to the next step.

You should consider escalation when:

• The debtor does not reply after the Mise en Demeure deadline.
• The debtor disputes the amount without valid evidence.
• You suspect intentional non-payment or fraud.

Before filing a court claim, it’s wise to contact a professional French debt collection firm or a lawyer specialized in French commercial law. They can evaluate your case, check supporting documents, and choose the right legal path.

Escalating properly avoids mistakes and ensures your claim is taken seriously by French authorities.

Amicable recovery, when done right, can solve most cases without ever stepping into a courtroom. It builds trust, shows professionalism, and strengthens your position if legal action becomes necessary later.

also don’t do Text-heavy walls without flowcharts, making complex legal processes difficult to follow. i mean write so it gives a proper scanability and visual appearance remember write like a professinal french debt collecting company’s human being, and easy english like 5th standard easy and super smooth redability..

Step 2 – Judicial Debt Collection

4.1 Overview of Judicial Options

When friendly efforts fail, the next stage is judicial debt recovery in France.
There are two main legal paths depending on whether the debt is disputed or not:

1. Injonction de Payer – for undisputed debts, such as unpaid invoices or contracts where the debtor does not contest the claim.
2. Assignation en Justice – for disputed debts, where the debtor argues or challenges the payment.

Both procedures are designed to give creditors a fair and legal way to obtain payment through the French court system.

4.2 The “Injonction de Payer” Procedure

The Injonction de Payer (Order for Payment) is the simplest and fastest way to recover an undisputed debt in France. It’s often used for unpaid commercial invoices or service contracts between businesses.

Who Can Apply

This process is open to creditors who have clear, written proof of the debt — for example:

• Signed contract or order form
• Invoice accepted or undisputed by the debtor
• Delivery note, work order, or acknowledgment of receipt

You don’t need to appear in court personally. Your lawyer or collection firm can handle the procedure on your behalf.

Step-by-Step Process

1. File the request at the right court
The claim is filed at the Tribunal de Commerce if both parties are businesses. If one side is an individual, it goes to the Tribunal Judiciaire.
The file must include the petition, supporting documents, and proof of attempts at amicable recovery (such as the Mise en Demeure).

2. Judge reviews the file
The judge examines the claim without a hearing. No need for the creditor or debtor to attend.
If the claim appears valid, the judge issues a payment order (Ordonnance d’Injonction de Payer).

3. Service of the order
Once the order is issued, it must be served to the debtor by a Commissaire de Justice (bailiff). This step makes the order legally official.

4. One-month opposition period
After service, the debtor has one month to contest the order.

• If they do not object, the creditor can immediately enforce the payment using bailiff actions.
• If they file an opposition, the case becomes a regular court matter.

5. Enforcement phase
If the debtor does not oppose, the creditor can request a writ of execution (titre exécutoire). This allows a bailiff to seize funds, accounts, or property to satisfy the debt.

Advantages of Injonction de Payer

• Fast: Usually completed within a few weeks.
• Low cost: No hearing fees or large court expenses.
• Efficient: Ideal for clear, undisputed debts.
• Flexible: Works well for both local and cross-border cases within the EU.

Example Scenario

Imagine a foreign company supplied industrial parts to a French client under a signed purchase order. The invoice of €12,000 remains unpaid after repeated reminders.

Instead of starting a full lawsuit, the creditor files for an Injonction de Payer with the Tribunal de Commerce. Within three weeks, the judge issues an order for payment. The bailiff serves the order, and since the debtor does not contest, enforcement begins immediately.

Within a short time, the funds are recovered — without lengthy litigation.

This process shows why the Injonction de Payer is often the best solution for foreign creditors seeking quick and lawful recovery in France.

4.3 Court Action for Disputed Debts

When a debtor challenges the claim, denies the amount, or argues about the contract, the creditor must take the Assignation en Justice route.

This is a formal lawsuit before the French courts. It applies to disputed debts where both sides will present arguments and evidence.

How to File a Summons

The process starts with a summons (assignation) prepared by your French lawyer.
The document states:

• The identity of both parties
• The claim amount and reasons
• The legal basis for recovery

A bailiff serves this summons to the debtor. This formally notifies them of the lawsuit and court date.

The Court Process

1. Defendant’s response – The debtor must reply within a specific time, often by written defense.
2. Exchange of evidence – Both parties share contracts, invoices, and correspondence.
3. Hearing – The judge hears both sides, reviews the documents, and may ask for clarification.
4. Final judgment – The judge issues a decision ordering payment or rejecting the claim.

If the judgment favors the creditor, it becomes enforceable once finalized.

Average Timeline

This path takes several months to a year, depending on court workload and complexity.
While longer than the Injonction de Payer, it ensures fairness and legal transparency when the debt is disputed.

If the debtor still refuses to comply after judgment, enforcement measures (like bank seizure or property attachment) can follow through a bailiff.

4.4 Choosing the Right Court

Jurisdiction is very important in French debt recovery.
In most cases, the debtor’s registered address decides which court handles the case.

However, if your contract includes a jurisdiction clause, the chosen court may have priority.

For international creditors, the EU Regulation Brussels I bis determines which country’s court is competent to handle cross-border claims between EU-based parties.

4.5 Legal Representation

French legal procedures can be complex for non-residents. Hiring a French debt recovery lawyer ensures your case is handled correctly and efficiently.

A local lawyer helps with:

• Filing documents in French courts
• Communicating with bailiffs and judges
• Ensuring legal compliance under French Civil and Commercial Codes

Having professional legal support saves time and avoids mistakes that could delay recovery.

If you’re a foreign creditor struggling to collect payments in France, our experienced team can assist you throughout the judicial process — from filing to enforcement.

👉 Contact French Legal Experts today for reliable guidance on French debt recovery procedures.

Step 3 – Enforcement of the Debt

Once a creditor wins a court decision, the next phase begins — enforcement. This is where legal orders are turned into real payments. In France, enforcement is handled by a specialist known as the Commissaire de Justice. Their role is essential because they ensure that the court’s decision is respected and the creditor finally recovers what is owed.

5.1 Role of the Commissaire de Justice

The Commissaire de Justice is the modern professional who combines the functions of a traditional bailiff and an enforcement officer. They are appointed by law to carry out court judgments and collect debts on behalf of creditors.

Their work begins once a court order or enforceable title is obtained. They have the legal power to:

• Locate the debtor’s assets (bank accounts, vehicles, real estate)
• Notify the debtor of enforcement measures
• Seize and liquidate assets if the debt remains unpaid

They act as the bridge between the legal decision and its real execution, making them a crucial part of the French debt collection system.

5.2 Types of Enforcement Actions

Once authorized, the Commissaire de Justice can apply several methods to recover the amount due. Each method depends on the type of assets the debtor owns and the situation of the case.

1. Bank Account Seizure (Saisie-attribution)

This is one of the most effective actions. The bailiff contacts the debtor’s bank directly and freezes the account up to the amount of the debt.
After the seizure, the debtor has a short period to raise objections, but if none are accepted, the funds are transferred to the creditor.
Example: A French supplier owes money for delivered goods. Once the judgment is final, the bailiff freezes their company account, and payment is made within a few weeks.

2. Movable Property Seizure (Saisie-vente)

In this case, the bailiff visits the debtor’s premises to identify valuable items such as machinery, vehicles, or office equipment. These assets can then be sold at a public auction, and the proceeds are used to pay the debt.
Example: A small business refuses to pay for a completed service. The bailiff lists their office furniture and computers for sale, leading to a quick settlement before the auction date.

3. Third-Party Garnishment

Sometimes, the debtor’s income comes from another source — for example, rental payments or clients. The bailiff can order the third party to redirect part of those payments directly to the creditor.
Example: A company providing logistics services is owed money by a retailer. The bailiff orders one of the retailer’s clients to pay the creditor directly instead of the debtor.

4. Real Estate Seizure

When the debtor owns property, the bailiff can start a procedure to seize and sell it through a public auction. This is used only for high-value debts or when other options fail.
Example: A long-standing debt remains unpaid despite several notices. The creditor requests a real estate seizure, and the property sale covers most of the outstanding amount.

5.3 Practical Considerations

Enforcement in France is usually quite efficient once a court judgment is final. Many debtors choose to settle immediately after receiving the first visit or notice from a Commissaire de Justice. The legal authority behind these officers often motivates quick payment, especially in commercial cases.

The timeline depends on the complexity of the assets being seized and whether the debtor cooperates. Some cases are resolved within weeks, while others, involving property or multiple assets, may take several months.

The cost of enforcement varies depending on the measures taken and the amount recovered, but professional firms help ensure transparency and efficiency. With the right documentation and legal assistance, success rates in enforcement are generally high.

5.4 Example of a Successful Enforcement

A technology distributor supplied equipment to a French company that stopped responding after delivery. After a formal demand and court judgment, the creditor instructed a Commissaire de Justice to act. The bailiff quickly located the company’s bank accounts and issued a seizure order. Within a few days, the payment was received in full, ending months of uncertainty.

This example shows how effective proper enforcement can be when the right legal steps are followed.

Step 4 – Cross-Border and EU Procedures

When a debt involves companies from different countries, the recovery process may follow European or international procedures. These systems make it easier for creditors to recover money across borders — especially within the European Union — without starting a full new lawsuit in France.

6.1 European Order for Payment

The European Order for Payment (EOP) is a fast and simplified way to collect undisputed cross-border debts within the EU.
It was created to help businesses avoid complicated national court procedures when both parties are located in different EU countries.

Who can use it:

• Creditors from any EU member state (except Denmark).
• The debt must be civil or commercial, such as unpaid invoices, service fees, or trade contracts.

Where to apply:
You can file the application directly with the competent court in France (usually the Tribunal de Commerce) if the debtor is based in France.
The court reviews your documents — usually without a hearing — and issues a European Order for Payment.

How it helps:
Once approved, this order is automatically recognized in all EU countries. It allows creditors to enforce the decision quickly, without going through a second national judgment.

For example, a German supplier owed money by a French distributor can use this process to recover the debt legally, saving time and cost.

6.2 Recognition of Foreign Judgments

If you already have a court judgment from another country, it can often be enforced in France without re-litigating the case.

Under EU law (Regulation Brussels I bis), most judgments issued in other EU member states are directly recognized in France. This means the creditor can ask a Commissaire de Justice (bailiff) to execute the judgment once basic formalities are complete.

For judgments from non-EU countries, a process called exequatur is required. This step confirms that the foreign decision meets French public policy standards before enforcement.

This ensures fairness while protecting the creditor’s right to collect what is owed under international agreements.

6.3 Importance of Local Legal Support

Cross-border recovery can seem complex because of language, jurisdiction, and procedural rules. That’s why having a French debt recovery firm is so valuable.

A local legal team ensures that your documents are filed correctly, deadlines are respected, and enforcement follows French law. They also coordinate with bailiffs, courts, and international partners to make sure every step moves forward efficiently.

Working with professionals who understand both French and EU procedures greatly increases your chances of success.

If you are facing a cross-border debt case, our legal experts can help you act quickly and confidently.
👉 Contact French Legal Experts to discuss your international debt recovery options in France.

Step 5 – Prevention and Best Practices

Recovering debts is important, but preventing them is even better. Many payment problems can be avoided through smart preparation, clear agreements, and consistent communication. By setting strong foundations from the start, businesses can protect their cash flow and reduce the risk of unpaid invoices.

7.1 Risk Prevention Tips

Good debt prevention begins long before any payment is due. The first step is due diligence — always check the background of the company you plan to work with. This includes reviewing their registration details, financial stability, and trade history. Tools like Infogreffe or other French business registries can help confirm that a company is active and reliable.

Second, make sure payment terms are written clearly in your contract. The agreement should include specific details such as payment deadlines, penalties for late payment, and any conditions for delivery. In France, written terms are not only a best practice but also a legal safeguard if disputes arise later.

Another effective way to prevent issues is to request deposits or guarantees before starting work, especially for new clients or large orders. A partial advance payment shows commitment from the debtor and reduces your exposure if something goes wrong.

Regularly reviewing your contracts and using updated templates that follow French commercial standards can also help prevent future misunderstandings. Small, proactive steps can make a big difference in ensuring smooth and secure business transactions.

7.2 Maintaining Professional Communication

Even when payments are delayed, professional and consistent communication makes a big impact. Polite reminders, written in a calm and respectful tone, show seriousness and maintain goodwill. In many cases, debtors respond faster when they feel they are being treated fairly and professionally.

It is also wise to set a reminder schedule — for example, one friendly reminder before the due date, another right after, and a formal notice if needed. Consistency builds your credibility and demonstrates that your company manages its accounts responsibly.

When communication remains structured and polite, many payment problems can be resolved long before they reach the legal stage.

When to Contact French Legal Experts

There comes a time when chasing payment alone stops being productive. If reminders go unanswered, or the debtor starts making excuses, it’s usually the moment to let professionals step in. Acting early can often mean the difference between full recovery and a lost claim.

At French Legal Experts, our team helps both French and international creditors recover debts efficiently under French law. We prepare and send formal letters, manage negotiations, represent you in court when necessary, and work with the Commissaire de Justice to enforce payment orders. Every step is handled carefully to protect your rights and reputation while achieving the fastest possible outcome.

Even if your situation hasn’t reached the court stage yet, getting legal advice early can prevent delays and costly mistakes. Our lawyers can review your documents, assess your chances of recovery, and recommend the most effective path forward.

If you’re struggling to recover funds or dealing with a French debtor who keeps delaying payment, don’t wait until the problem grows. Learn more about how we assist clients on our Debt Collection in France page, or contact our team for direct support today.

Key Takeaways / Conclusion

Recovering debt from a French company is a process that works best when it is structured, patient, and well-documented. The French legal system offers clear steps to follow, and when each stage is handled correctly, the chances of successful recovery are high.

Here is a quick recap of the key points:

• Start with amicable recovery. A polite reminder followed by a formal mise en demeure shows seriousness and gives the debtor a final chance to pay.
• If the debtor continues to delay or ignore communication, you can begin judicial collection.
  The Injonction de Payer is ideal for undisputed debts, while a full court process applies for contested claims.
• Once a judgment is obtained, the Commissaire de Justice (bailiff) can enforce payment through bank seizure, property seizure, or other legal enforcement tools.
• Documentation is essential at every step. Clear invoices, contracts, delivery notes, and email communication can all support your claim.
• Acting at the right time is important. Waiting too long can make recovery harder, especially if the debtor’s financial situation worsens.

If you are unsure which step to take next, it is completely okay to ask for help. Our team at French Legal Experts guides international and French businesses through each stage of the recovery process with clarity and strategy.

To discuss your situation, you can visit our Debt Collection in France service page or Contact Us directly. We are here to support a smooth and professional resolution.