Unpaid Business Invoices: How to Get Your Money Back

01The Orderto Pay: The Principle in a Nutshell

You file a petition with the president of the commercial court, along with your supporting documents. The president reviews them alone, without hearing from your client; this is known as a non-adversarial proceeding. If the president finds the request to be well-founded, he or she issues an order for payment, which you then have served on the debtor.

The debtor may file an objection. If the debtor does not do so within the prescribed time limit, the order has the force of a judgment, and you may have the debtor’s accounts or property seized. In practice, the vast majority of orders are not contested: in fact, many delinquent payers pay as soon as they receive a visit from the court officer.

The procedure is set forth in sections 1405 et seq. of the Code of Civil Procedure.

02Is yourclaim eligible?

Not everything goes through a payment order. The judge will check three things—and he really does check them.

Certain

There’s no question about its existence: a signed quote, a purchase order, a contract, or an accepted delivery.

Liquid

The amount is calculated precisely, down to the cent, and you can provide proof of it.

Due

The due date has passed. A 60-day invoice for which the payment period is still ongoing cannot be claimed.

The claim must also have a contractual basis (a sale, the provision of services, a subcontracting agreement, etc.) or arise from a negotiable instrument, such as an unpaid promissory note. And it must not be time-barred: between merchants, you generally have five years to take action (Article L. 110-4 of the Commercial Code).

03Whichcourt should I file a case with?

Commercial Court or General Court

The Commercial Court has jurisdiction when the claim is of a commercial nature: between merchants, between commercial entities (SARL, SAS, SA, etc.), or in connection with a commercial transaction. If your client is a self-employed professional, an association, a civil partnership, or an individual, the case falls under the jurisdiction of the civil court, which has different forms and rules.

The debtor’s court, not yours

This is the most common mistake. To file a payment order, you must file with the court in the debtor’s place of residence—that is, the court where a company has its principal place of business. The clause in your Terms and Conditions that designates the court in Bordeaux as having jurisdiction does not apply here. If your client is based in Toulouse, the case must be filed with the Commercial Court of Toulouse.

If the debtor is located within the Bordeaux jurisdiction, you will find practical information on the contact details and procedures for the Bordeaux Commercial Court Clerk’s Office.

04 Preparethe file

The judge doesn’t know you, your client, or your business history. The judge rules solely on the basis of the evidence presented. Your case file must therefore tell the story on its own, without anyone having to explain it.

Documents to Attach

• the contract, the signed quote, or the purchase order that serves as proof of the customer’s agreement;
• your general terms and conditions of sale, along with proof that they have been accepted;
• signed delivery slips or service acceptance reports;
• unpaid invoices;
• the formal notice sent by certified mail with return receipt requested, and the notice itself;
• correspondence in which the customer acknowledges the debt or promises to pay (sometimes an email is sufficient);
• A recent Kbis extract for the debtor, to verify their exact address and confirm that they are not subject to bankruptcy proceedings.

To explore this topic further, we have outlined the essential steps for properly preparing a legal debt collection proceeding.

Is a formal notice required?

Not strictly speaking. But we always recommend it. It specifies the amount claimed, shows the judge that you gave the client a chance, and often results in payment without having to take the matter further. In fact, some court clerks’ offices require it as part of the list of documents.

05 Draftand File the Petition

What the request must include

• the full identification of the creditor and the debtor (name, legal form, principal office, RCS number);
• the exact amount claimed, with a breakdown: principal, late payment penalties, and a flat-rate compensation of €40 per invoice;
• the basis of the claim (which contract, which service, which date);
• the list of attachments.

When it comes to penalties, don’t leave anything on the table. Among professionals, penalties are automatically due the day after the due date, without a reminder. If your Terms and Conditions do not specify otherwise, the applicable rate is the ECB rate plus 10 basis points, which will be 12.40% in the second half of 2026, according to Service-Public. If you’re unsure about the calculation, here’s how to correctly calculate and apply late payment interest to your invoices.

Print or online

Two options:

Court filing fees must be paid at the time of filing. The court allows a maximum of fifteen days; after this period, the petition becomes void.

06TheJudge’s Decision

The processing time varies from court to court, ranging from a few days to a few weeks. There are three possible outcomes:

07Themeaning: 3 months, not a day more

This is where the reform really makes a difference. Decree No. 2026-96 of February 16, 2026, reduced the time limit for serving the order.

“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. For orders issued before that date, the previous six-month deadline continues to apply.

In practical terms, as soon as you receive the order, forward it to a judicial officer (formerly known as a bailiff). If the deadline expires, the order is void and you’ll have to start over from scratch. With a debtor who’s hard to locate, three months go by quickly.

Another new development: the judicial officer must now make supporting documents available to the debtor electronically. This means your client has access to your entire case file—which is yet another reason to handle it with care.

08Ifyour customer files a dispute

The debtor has one month from the date of service to file an objection, if the document was served personally. If service was not made personally, the one-month period does not begin until the first document is served on the debtor in person or, failing that, until the first enforcement measure that freezes the debtor’s assets (such as a garnishment of the debtor’s bank account).

The opposition turns the proceeding into a traditional trial. The court summons both parties to a hearing and issues a judgment that replaces the order. Two points to watch for:

• You must present the notice of service of the order at the hearing, or your claims may be declared inadmissible (this is another change effective in 2026);
• In the Commercial Court, representation by an attorney is generally required if the amount in dispute exceeds €10,000.

An objection isn’t necessarily bad news. If it’s purely a delaying tactic, the court will rule in your favor, possibly ordering the opposing party to pay the court costs. If you’re on the other side of the bar, here’s what you need to do when faced with a summons to appear in commercial court.

09Enforcingthe Order

Another change in 2026: the certificate of no objection will be eliminated. For orders issued on or after September 1, 2026, the order becomes enforceable two months after it is served, provided no objection has been filed.

The judicial officer may then proceed with enforcement: attachment of bank accounts (garnishment), attachment of receivables your client holds against its own clients, and attachment of equipment or vehicles.

The Typical Schedule

1. Filing the petition, along withthe supporting documents and payment of the court fees.
2. Court Order: Generally within a few days to a few weeks.
3. Service by a judicial officer: No later than 3 months after the date of the order.
4. Time limit for filing an objection: 1 month from the date of service.
5. The order becomes enforceabletwo months after service, unless an objection is filed.
6. Enforcement: Seizureof accounts or property by the judicial officer.

10Howmuch does it cost?

Don’t forgetthe flat-rate fee of €40 for collection costs, which is due for each unpaid invoice (Article L. 441-10 of the Commercial Code). This fee is added to your claim and is in addition to late payment penalties.

11Costly Mistakes

Looking back, it’s always the same mistakes that cause a request to fail or delay payment by several months:

1. Filing the case with the wrong court—one’s own instead of the debtor’s.
2. An amount that doesn’t match the invoices, or penalties calculated without a clear contractual basis.
3. No proof of the customer’s consent: an invoice alone, without a signed quote or delivery slip, is often not enough.
4. Let the service deadline slip by—which is even easier now that it has been extended to three months.
5. Taking legal action against a company in reorganization or in judicial liquidation. In such cases, individual legal action is prohibited: claims must be filed with the court-appointed representative within two months of the judgment’s publication in the BODACC.
6. Opting for a writ of payment when the debt is disputed: opposition is almost certain.

12: A payment orderor another option?

A payment order is just one tool among many. Depending on your situation, another approach may be more appropriate.

13Do I needto hire a lawyer?

It is not required to file the claim. Many business owners handle small claims on their own, and it works. Hiring a lawyer is especially justified when:

• The amount is significant, and you cannot afford to have your claim denied or your order rendered void;
• The client has already indicated that he would contest the matter;
• you have multiple invoices, multiple contracts, or a complicated history;
• An objection is filed, and the amount exceeds €10,000.

We’ve written an article on when and how to hire a lawyer to collect a debt. And if the invoice is just one step in a broader legal dispute, here’s how we assist businesses as part of our commercial law services in Bordeaux. For an overview of all the steps—from sending a reminder to going to court—be sure to read our guide on how to collect an unpaid invoice from a business client.