Order for payment for an unpaid invoice in France: the full procedure

By Léa Scemama, commercial law attorney at the Paris Bar. Updated 28 August 2026. Reading time: ~10 min.

An invoice remains unpaid despite your reminders? The order for payment (injonction de payer) lets you obtain, within a few weeks and without a hearing, an enforceable title against your debtor. Decree no. 2026-96 of 16 February 2026 has just tightened its deadlines for orders issued from 1 September 2026: here is the up-to-date procedure, step by step, with the costs, the new deadlines and the figures you need to build a solid case.

What is the order for payment and when to use it?

The order for payment is a simplified, non-adversarial court procedure: the judge rules solely on the documents produced by the creditor, without a hearing and without hearing the debtor. It allows you to obtain an enforceable title to recover an unpaid invoice, whether it arises from a sale, a supply of services or any other contractual debt. It is the central tool of debt recovery where the debt cannot be seriously disputed.

Three cumulative conditions must be met to use it, in accordance with article 1405 of the Code of Civil Procedure:

• a certain debt: its existence cannot be seriously contested;
• a liquidated debt: its amount is determined, or determinable on the basis of the contract, the invoices and, where applicable, a penalty clause;
• a due debt: the payment date has passed.

The procedure covers debts of contractual or statutory origin, as well as debts arising from a bill of exchange, a promissory note or an assignment of a professional receivable (Dailly assignment). An unpaid sale or service invoice falls into the first category.

Which court to seize for an unpaid invoice?

Article 1406 of the Code of Civil Procedure allocates jurisdiction according to the nature of the debt. These rules are of public policy: any contrary jurisdiction clause is deemed unwritten for the initial application, and the judge must raise a lack of jurisdiction of its own motion.

In territorial terms, the competent judge is that of the place where the pursued debtor resides (the registered office for a company), and not that of the creditor. In Alsace-Moselle, commercial debts fall under the Judicial Court and not the Commercial Court.

The procedure step by step

1. Attempting an amicable settlement: recommended but not mandatory

A letter of formal notice, sent by registered post with acknowledgement of receipt, remains a useful first step: it starts the late-payment penalties running if this is not already the case, proves your good faith and is often the document the registry expects when the application is filed.

By an opinion of 25 September 2025 (no. 25-70.013), the Second Civil Chamber of the Court of Cassation specified that the order for payment procedure is not subject, in either of its two phases, to the obligation to attempt a prior amicable settlement under article 750-1 of the Code of Civil Procedure, including for debts of 5,000 € or less. Unlike an ordinary writ of summons, the creditor therefore runs no risk of inadmissibility for lack of prior conciliation.

2. Filing the application with the registry

The application is filed or sent to the registry of the competent court, on plain paper, using the dedicated Cerfa forms, or online (Tribunal Digital portal for the Commercial Court, online service for the Judicial Court). In accordance with article 1407 of the Code of Civil Procedure, it must state precisely the amount claimed, with a detailed breakdown of the debt (principal, interest, penalties, fixed indemnity) and its basis, and be accompanied by supporting documents: invoices, signed quote or purchase order, proof of delivery or performance, general terms of sale, and the formal notice where applicable.

3. The judge's review and the order

The judge rules alone, on the documents, without summoning the debtor (article 1409 of the Code of Civil Procedure). Three outcomes are possible: the application is granted for the amount claimed; it is only partially upheld, in which case the creditor may decline to serve the order and bring ordinary proceedings for the balance; or it is rejected, a decision against which there is no appeal but which does not prevent action by ordinary writ of summons.

4. Service of the order by a judicial commissioner

Once obtained, the order must be served on the debtor by a judicial commissioner (commissaire de justice, formerly a bailiff): this is not a mere postal formality, the law requires this channel. On pain of nullity, the deed of service must summon the debtor to pay or to file an opposition, state the applicable deadline and court, and warn of the consequences of a failure to react (article 1413 of the Code of Civil Procedure).

5. The debtor's opposition

The debtor has one month from service to file an opposition with the registry (article 1416 of the Code of Civil Procedure). Where service has not been made in person, this period only starts running from the first deed served in person or, failing that, from the first enforcement measure rendering the debtor's assets unavailable.

The Court of Cassation clarified this point twice on 6 March 2025: an attachment of debts (saisie-attribution) starts the opposition period running even where it captured no sum, the unavailability of the assets existing independently of the amount seized (Cass. 2e civ., 6 March 2025, no. 22-18.166, published in the Bulletin); and where the last day of the period falls on a Saturday, Sunday or public holiday, it is extended to the next working day (Cass. 2e civ., 6 March 2025, no. 22-16.735).

The opposition transforms the procedure into adversarial proceedings before the same court: the resulting judgment simply replaces the initial order, which disappears. The Court of Cassation has indeed censured courts that purported to "confirm" the order instead of ruling on the merits (same judgment of 6 March 2025, no. 22-18.166).

6. Where there is no opposition: the enforcement formula

If no opposition is filed within the one-month period, the creditor may request that the enforcement formula be affixed to the order, within the month following the expiry of the opposition period (article 1423 of the Code of Civil Procedure). The order then produces all the effects of an adversarial judgment and is not open to appeal, even where it grants payment terms (article 1422). The creditor may then engage forced enforcement measures: attachment of debts, attachment of earnings, protective seizure, and so on.

Deadlines and costs of the procedure

These costs advanced by the creditor are in principle recoverable from the debtor as costs of the proceedings if successful, just as an indemnity for irrecoverable costs may be sought on the basis of article 700 of the Code of Civil Procedure.

The 16 February 2026 reform: what changes in practice

In practice, shortening the service deadline to three months leaves much less room: it is now imperative to instruct the judicial commissioner as soon as the order is received, without waiting. An order not served in time becomes void, purely and simply: a new application must then be filed and the benefit of the initial date is lost.

Quantifying the debt: late-payment penalties and fixed indemnity

Between professionals, an unpaid invoice is not limited to the principal amount: the law provides for accessories that must appear in the breakdown of your order-for-payment application, in accordance with article L. 441-10 of the Commercial Code.

Illustrative example: for an invoice of 5,000 € incl. tax paid 60 days late, at the default rate of 12.40 % per year, the late-payment penalties come to about 102 € (5,000 € × 12.40 % × 60/365), to which 40 € of fixed indemnity is added, i.e. about 142 € to include in the breakdown, on top of the principal.

What to do if the debtor files an opposition?

The opposition opens an adversarial phase: the registry summons the parties to a hearing before the Commercial Court, or notifies the declaration of opposition to the creditor before the Judicial Court, where representation by an attorney becomes necessary depending on the nature and amount of the dispute. The creditor then becomes claimant on the merits and must be able to demonstrate, in adversarial proceedings, the reality and extent of the debt: this is the time to gather all the exchanges, purchase orders, proof of delivery and correspondence. The matter then becomes genuine commercial litigation.

Since the 16 February 2026 reform, the registry of the civil courts (outside the Commercial Court, where information is already prompt in practice) must inform the creditor of any opposition within one month of receiving it, which allows an earlier reaction than before.

An opposition is not necessarily the sign of a lost case: it is often filed to gain time or negotiate a payment schedule. Support from an attorney at this stage helps secure the procedure and usefully prepare the hearing.

Order for payment, interim payment or full claim: which to choose?

The order for payment is particularly suited to documented debts that are unlikely to be seriously disputed. If a dispute already exists over the quality of the service or the amount due, the interim payment or the claim on the merits will often be more appropriate, as they allow an adversarial debate from the outset. Choosing the most effective route is a matter of commercial law specific to each case.

Frequently asked questions

Can I bring an order for payment without an attorney?

Yes. The initial application can be filed directly by the creditor or by any agent, including without an attorney. Support from an attorney nevertheless becomes valuable as soon as the amount is significant or where an opposition is foreseeable, since the procedure then becomes adversarial.

How long does it take to recover my money with an order for payment?

Absent opposition, allow generally 2 to 3 months between filing the application and obtaining an enforceable title. In the event of opposition, the procedure becomes adversarial and the time extends to 6 months, or even 10 months.

What happens if the order is not served in time?

It becomes void, i.e. lapsed, as if it had never existed. The deadline is 3 months for orders issued from 1 September 2026 (6 months previously). A new application must then be filed: no appeal is possible on the same order.

Does the order for payment work for all unpaid debts?

No. It requires a certain, liquidated and due debt, of contractual or statutory origin, or arising from a commercial instrument. A seriously disputed debt, or one based on tort liability, falls under a different procedural route, such as a claim on the merits.

Must I send a formal notice before seizing the judge?

It is not a legal condition of admissibility within the meaning of article 1405 of the Code of Civil Procedure, but it is a strongly recommended practice: it starts certain deadlines running, constitutes useful evidence and matches what many commercial court registries expect in practice.

Legal references

• Code of Civil Procedure, articles 1405 to 1425 (the order for payment).
• Article 1406 of the Code of Civil Procedure (jurisdiction).
• Article 1411 of the Code of Civil Procedure (service), amended by decree no. 2026-96.
• Article 1416 of the Code of Civil Procedure (opposition period).
• Article 1422 of the Code of Civil Procedure (enforcement formula and continuation of enforcement), amended by decree no. 2026-96.
• Decree no. 2026-96 of 16 February 2026 reforming the order for payment, Official Journal of 17 February 2026, amending articles 1411, 1415, 1418 and 1422 of the Code of Civil Procedure, in force on 1 April 2026 and applicable to orders issued from 1 September 2026.
• Article L. 441-10 of the Commercial Code (payment terms and late-payment penalties).
• Article D. 441-5 of the Commercial Code (40 € fixed indemnity).
• Opinion of the Court of Cassation, Second Civil Chamber, 25 September 2025, no. 25-70.013 (non-application of article 750-1 of the Code of Civil Procedure).
• Cass. 2e civ., 6 March 2025, no. 22-18.166, published in the Bulletin (opposition period and attachment of debts).
• Cass. 2e civ., 6 March 2025, no. 22-16.735 (computation of the opposition period, article 642 of the Code of Civil Procedure).