Order to Pay and Commercial Court: 2026 Reform

01Natureof the proceeding

Governed by Articles 1405 et seq. of the Code of Civil Procedure, the order to pay is a procedure initiated upon application. The creditor files a petition with the presiding judge, who rules solely on the basis of the documents submitted, without hearing the debtor. If the judge finds the petition to be well-founded, he or she issues an order for payment, which the creditor then has served on the debtor by a court officer.

The adversarial process is deferred: it is up to the debtor, if he or she disputes the claim, to file an objection. Otherwise, the order acquires the force of a judgment and allows for enforcement. In practice, objections are rare, and service of the order is often sufficient to prompt payment.

02Conditionsfor Admissibility

The presiding judge exercises effective oversight of the claim asserted, which must satisfy three cumulative criteria.

Certain

Its existence is current and indisputable, established by a contract, an accepted quote, a purchase order, or a delivery that has been accepted.

Liquid

The amount is determined or can be determined with precision based on the documents provided.

Due

It has past due. An invoice for which the payment period has not yet expired cannot serve as the basis for a claim.

Furthermore, the claim must arise from a contractual relationship or from a negotiable instrument, such as an accepted promissory note. It must not be time-barred: between merchants, the statute of limitations is generally five years (Article L. 110-4 of the Commercial Code).

03Competent Court

Subject-matter jurisdiction

The Commercial Court hears cases involving commercial claims: claims between merchants, between business entities (SARL, SAS, SA), or arising from a commercial transaction. When the debtor is a self-employed professional, or if the debtor is an association, a civil partnership, or an individual, the general court has jurisdiction, subject to separate procedures.

Territorial Jurisdiction

Notwithstanding general law, the action must be brought before the court of the place where the debtor resides; that is, in the case of a corporation, the court of its registered office. This rule is a matter of public policy: any jurisdiction clause included in the creditor’s general terms and conditions of sale is void, and the court will, on its own motion, rule that it lacks jurisdiction.

If the debtor is headquartered within the jurisdiction of Bordeaux, please refer to the contact information and procedures provided by the clerk’s office of the Bordeaux Commercial Court.

04Compilingthe File

Since this is a non-adversarial proceeding, the judge rules solely on the basis of the evidence in the record. The record must therefore, on its own, establish the existence, amount, and due date of the claim.

Supporting Documents

• the contract, the accepted quote, or the purchase order establishing the debtor’s obligation;
• the general terms and conditions of sale and proof of acceptance thereof;
• signed delivery slips or acceptance reports;
• invoices that remain unpaid;
• the formal notice sent by certified mail, accompanied by the return receipt;
• any written document in which the debtor acknowledges the debt or agrees to pay it;
• A recent Kbis extract for the debtor, confirming its registered office and that no insolvency proceedings are pending.

In a separate article, we outlined the essential documents needed to properly prepare for a legal debt collection proceeding.

The Prior Notice

Although it is not a requirement for the claim to be admissible, sending a formal notice is strongly recommended. It specifies the amount claimed, demonstrates the creditor’s due diligence, and often leads to an out-of-court settlement. In fact, several court clerks’ offices list it among the required documents.

05 Draftingand Filing the Petition

Details of the petition

• full identification of the parties (name, legal form, registered office, RCS number);
• a specific statement of the amount claimed, with a breakdown of its various components: principal, late payment penalties, and a lump-sum indemnity for collection costs;
• the basis of the claim;
• the list of exhibits submitted.

In business-to-business transactions, late payment penalties become automatically due the day after the due date, without the need for a reminder. In the absence of a contractual provision, the rate is equal to the ECB rate plus ten basis points, or 12.40% in the second half of 2026. In addition, a flat-rate penalty of €40 per invoice applies (Article L. 441-10 of the Commercial Code). For further details on how to determine these amounts, please refer to our analysis on how to correctly calculate and apply late payment interest.

Submission Guidelines

Court fees must be paid upon filing. If payment is not made within fifteen days, the petition is deemed withdrawn.

06 Decisionby the presiding judge

Processing times vary by jurisdiction, ranging from a few days to several weeks. There are three possible outcomes.

07Serviceof the Order

Decree No. 2026-96 of February 16, 2026, significantly amended the rules governing service of process.

“An order for payment is void if it has not been served within three months of its date.”

Article 1411 of the Code of Civil Procedure, as amended by the decree of February 16, 2026

This three-month deadline applies to orders issued on or after September 1, 2026. Earlier orders remain subject to the six-month deadline.

The penalty is severe: once this deadline has passed, the order becomes void and the proceedings must be restarted from the beginning. It is therefore recommended to contact a judicial officer as soon as the order is received, particularly when the debtor is difficult to locate.

The decree also requires the judicial officer to make the supporting documents available to the debtor electronically. This makes the quality of the case file all the more critical.

08Objectionby the Debtor

The debtor hasone month from the date of service to file an objection, provided that the notice was served in person. Otherwise, the time limit begins to run from the date of the first document served in person or, failing that, from the date of the first enforcement measure that renders the debtor’s assets wholly or partially unavailable.

The opposition brings the entire dispute before the court. The parties are summoned to a hearing, and the judgment rendered supersedes the order. Two points warrant special attention:

• The creditor must now submitthe document certifying service of the order, or else the claims will be dismissed as inadmissible (Article 1418 of the Code of Civil Procedure);
• In commercial court, representation by an attorney is generally required when the claim exceeds €10,000.

An objection lacking any serious basis does not expose the creditor to any particular risk: the court will rule on the merits of the claim and may order the debtor to pay the costs of the proceedings. Conversely, companies that find themselves in the position of defendant may find it helpful to consult our article on how to proceed when faced with a summons to appear before the commercial court.

09Enforceabilityand Compulsory Enforcement

The reform eliminates the certificate of no objection. For orders issued on or after September 1, 2026, the order becomes enforceable upon the expiration of a two-month period following its service, provided that the creditor has received neither a notice of objection nor a request to deposit the costs.

The judicial officer may then take enforcement measures: garnishment of bank accounts, attachment of the debtor’s claims against third parties, and seizure and sale of personal property.

Tentative Schedule

1. Filing of the petition, accompaniedby supporting documents and court fees.
2. Order: Issued within a few days to a few weeks.
3. Service: No later than three months after the date of the order.
4. Time Limit for Filing an Objection: One month from the date of service.
5. Enforceability: Twomonths after service, in the absence of an objection.
6. Enforcement Proceedings:Seizure measures initiated by the judicial officer.

10Costof the proceeding

The flat-rate penalty of €40 per unpaid invoice is added to the principal amount and is cumulative with late-payment penalties. Additional compensation may be requested, upon presentation of supporting documentation, when the collection costs incurred exceed this amount.

11 Pitfallsto Avoid

Our experience with debt collection litigation reveals several recurring causes of dismissal or delay:

1. Bringing a case before a court that lacks jurisdiction—most often the creditor’s court rather than the debtor’s.
2. An invoice that is insufficiently substantiated, particularly penalties that lack a contractual basis or are incorrectly calculated.
3. Lack of evidence of the debtor’s obligation: a single invoice, without an accepted quote or delivery slip, is rarely sufficient.
4. Failure to meet the deadline for service, the risk of which increases with the extension to three months.
5. A lawsuit brought against a debtor in insolvency proceedings. The order opening the proceedings prohibits any individual legal action; the creditor must file a claim with the court-appointed trustee within two months of the order’s publication in the BODACC.
6. Seeking a payment order for a claim that has already been contested, which is almost certain to result in an objection.

12OtherCollection Methods

A payment order is not always the most appropriate procedure. The choice depends on the nature of the claim and the debtor’s attitude.

13. The Roleof the Attorney

Legal representation is not required to file the petition. However, it is advisable in several situations:

• when the financial stakes make the risk of a dismissal or a void order unacceptable;
• when the debtor has indicated an intention to contest;
• when the claim is based on multiple contracts or invoices, or on a complex contractual history;
• In the event of an objection regarding a claim exceeding €10,000, representation is then mandatory.

We’ve outlined when and how to hire a lawyer to collect a debt. When the unpaid debt is part of a broader dispute, our firm steps in as part of our commercial law services for businesses in Bordeaux. For an overview of all the steps involved—from amicable collection efforts to legal proceedings—we invite you to consult our guide on recovering an unpaid invoice from a business client.