Recovery of commercial and corporate debts

Commercial debt recovery: a structured process, from reminders to enforcement

An unpaid invoice between businesses is never simply an administrative delay. It places an immediate strain on cash flow, entails increasing administrative and opportunity costs and, if nothing is done in time, results in a definitive loss. In France, payment terms between businesses are governed by Article L. 441-10 of the Commercial Code, but compliance remains inconsistent. When amicable reminders fail, the creditor must have a clear strategy to secure payment of the debt — by choosing the most appropriate procedure and acting within the prescribed timeframes.

Key steps in debt recovery:

1. Build a solid case file as soon as the debt arises.
2. Initiate a structured amicable phase (reminders, followed by a formal notice).
3. Secure the recovery through protective measures if there are doubts about the debtor.
4. Choose the appropriate legal procedure: order for payment, summary proceedings, or summons on the merits.
5. Implement enforcement measures.

The amicable phase: reminders and formal notice

Amicable recovery is always the first step to take. Written reminders, phone calls, emails: every step must be tracked and documented. From the very first day of delay, the penalties provided for in Article L. 441-10 of the Commercial Code are automatically payable (ECB rate plus 10 points), as well as a fixed compensation of €40 for recovery costs.

If reminders prove ineffective, sending a formal notice by registered post with acknowledgement of receipt formalises the demand for payment, triggers the accrual of default interest and constitutes a prerequisite for any legal action. For claims under €5,000, the simplified recovery procedure entrusted to a judicial officer may enable an enforceable order to be obtained with the debtor’s consent, without going through the courts.

The creditor must bear in mind that the limitation period is five years, pursuant to Article 2224 of the Civil Code. This period runs from the due date of the invoice. Amicable reminders, including formal notices, do not interrupt the limitation period: only legal proceedings have this effect.

The main legal debt recovery procedures

Where the amicable phase is unsuccessful, the creditor has three main procedural options. The choice depends on whether the debt is disputed, the urgency of the matter, and the debtor’s circumstances.

The order for payment: for uncontested claims

A swift and inexpensive procedure, the order for payment allows an enforceable title to be obtained without an initial adversarial hearing. It is available for any contractual or statutory debt of a specific amount, with no upper limit, pursuant to Article 1405 of the Code of Civil Procedure. The judge rules on the application, based solely on the creditor’s supporting documents. If the application is well-founded, the judge issues an order which the creditor must serve on the debtor within six months (reduced to three months for orders issued from 1 September 2026, pursuant to the Decree of 16 February 2026). If the debtor does not lodge an objection within one month of service, the order becomes enforceable.

Summary proceedings: for claims that are not seriously disputable

Summary proceedings allow for the rapid obtaining of a provisional order requiring the debtor to pay a sum of money, where the existence of the obligation is not seriously disputable. It is based on Article 835(2) of the Code of Civil Procedure (Article 873 of the Code of Civil Procedure in Commercial Matters). The order is enforceable by operation of law. In practice, summary proceedings are rarely followed by proceedings on the merits, as the debtor generally prefers to comply with the provisional judgment.

This route is, however, excluded where the debtor raises a credible challenge to the existence or amount of the debt, or where they are subject to insolvency proceedings.

Proceedings on the merits: for disputed or complex claims

Where the claim is seriously contested or the case is particularly complex, a summons to the Commercial Court (or the Civil Court) is the appropriate route. The procedure allows for a full adversarial hearing and results in a final judgment constituting an enforceable title. The timeframes are longer (often between 12 and 24 months) and the costs higher, which requires a prior assessment of the financial stakes and the chances of success.

Precautionary measures and enforcement: securing actual payment

Obtaining an enforceable title is not always sufficient. Where there is a risk that the debtor may orchestrate their own insolvency, protective measures — such as the attachment of bank accounts, claims or shares — may be sought provided that the claim appears to be well-founded in principle and that circumstances threaten its recovery. Once the enforcement order has been obtained, enforcement proceedings can be used to secure payment from the debtor’s assets.

For further information: Freezing of assets and enforcement measures.

Why should you engage a lawyer to recover your commercial debts?

The recovery of a commercial debt requires strategic decisions at every stage: legal classification, choice of procedure, adherence to deadlines, and anticipating the risk of insolvency. A misstep can result in the permanent loss of the debt. Engaging a lawyer from the amicable settlement phase maximises the chances of recovery and safeguards the entire process.

Our firm focuses on:

• drafting formal notices and managing the amicable settlement phase;
• filing and monitoring applications for payment orders;
• summary proceedings before the civil and commercial courts;
• summonses to appear in court to settle disputed claims;
• applying for protective measures (seizure of bank accounts, claims and shares);
• monitoring enforcement measures.

Need assistance with the recovery of your commercial debts? Contact the firm today.