How to recover an unpaid invoice in France: the court options explained
By Maître Léa Scemama, commercial law attorney at the Paris Bar. Updated 18 September 2026. Reading time: ~8 min.
An invoice is still unpaid despite your reminders, and you are weighing an order for payment, an interim payment order, a protective attachment or full proceedings on the merits? These four tools are not equivalent and are not chosen at random: the right one depends on how seriously the debt is disputed, on urgency, and on the risk that the debtor becomes insolvent. Here is how to tell them apart and how to combine them.
Three routes to an enforceable title, and one protective tool
One confusion comes up constantly: presenting protective attachment (saisie conservatoire) as a "fourth procedure" on a par with the order for payment, the interim payment order or proceedings on the merits. That is not accurate. Only those three produce an enforceable title, that is, a decision allowing you to compel the debtor to pay. Protective attachment decides nothing: it is a safeguard that temporarily freezes the debtor's assets (bank account, company shares, movable property) while one of the three procedures runs its course, so that the debtor cannot organise their own insolvency before you are paid.
Choosing the right combination starts with one question: can your debt be seriously disputed? If not, an order for payment or an interim payment order will usually be enough. If it can, or if the debtor is manoeuvring, proceedings on the merits become necessary, and protective attachment comes into its own to secure debt recovery while the case is pending.
The order for payment, in short
In most documented unpaid invoice files, the order for payment (injonction de payer) remains the fastest and cheapest route: an application decided on the documents alone, with no hearing, before the president of the commercial court (or of the tribunal des activités économiques in the pilot jurisdictions, a development we follow in commercial law) or of the civil court depending on the nature of the debt, under article 1405 of the Code of Civil Procedure. It requires a debt that is certain, liquidated and due, and it only makes sense if the debtor has, on the face of it, nothing serious to raise against it.
Decree no. 2026-96 of 16 February 2026 tightened the service deadline (3 months instead of 6) for orders issued on or after 1 September 2026, which changes the timetable you have to keep. The whole procedure, step by step, with deadlines, costs and the reform, is set out in our full guide to the order for payment.
💡 A practical point that is rarely known. Until the opposition period has expired, an order for payment served on the debtor is not yet enforceable. Article L. 511-2 of the Code of Civil Enforcement Procedures exempts from prior court authorisation any protective attachment based on "a court decision that is not yet enforceable". In practice, you can therefore have the debtor's bank accounts attached as soon as the order is served, with no further authorisation, without waiting for the one-month opposition period to run out.
The interim payment order, for a debt that cannot be seriously disputed
When should you use it?
The interim payment order (référé provision) is the ordinary urgent procedure for obtaining swift payment of a sum of money, including where an opposition to an order for payment is expected or has already been filed. It is provided for by article 835, paragraph 2, of the Code of Civil Procedure before the president of the civil court, and by article 873, paragraph 2, of the same code before the president of the commercial court: in both cases the interim relief judge "may grant a provisional payment to the creditor" where "the existence of the obligation cannot be seriously disputed".
Unlike the order for payment, the interim payment order is adversarial from the outset: the debtor is summoned to the hearing and can put forward a defence. It is precisely that debate which makes it possible to obtain, within a few weeks, a decision that is immediately enforceable even if appealed, whereas an opposition to an order for payment suspends enforcement.
✅ Worth knowing. The absence of a serious dispute does not mean the absence of any discussion: an invoice matching a signed purchase order, together with a delivery note left unchallenged for several months, will generally support a provisional payment even if the debtor suddenly disputes the service at the hearing.
The limit of interim relief: ask for one thing at a time
The interim relief judge only has power to rule where the dispute is not serious. In a judgment of 24 April 2024, the commercial chamber of the Cour de cassation held that the late payment penalty under article L. 441-10, II, of the Commercial Code is moratory interest and does not accumulate with the statutory interest of article 1231-6 of the Civil Code: claiming both cumulatively for the same period creates a serious dispute, which falls outside the interim relief judge's powers (Cass. com., 24 April 2024, no. 22-24.275, published in the Bulletin).
⚠️ Point to watch. Before the interim relief judge, put forward a simple claim that is hard to dispute: the principal, plus one single type of interest (either the article L. 441-10 penalties or statutory interest, never both cumulated), with a precise calculation. Leave the more arguable heads of claim (a high additional recovery indemnity, alleged commercial loss) to the judge on the merits.
A procedural requirement not to overlook for small claims
Contrary to a widespread belief, the interim payment order is not exempt in principle from the prior attempt at amicable resolution required by article 750-1 of the Code of Civil Procedure for claims not exceeding EUR 5,000. The Cour de cassation has held that this requirement admits of no blanket exclusion for interim relief: the absence of an amicable attempt can only be covered by a legitimate reason, in particular manifest urgency, assessed case by case by the judge (Cass. 2e civ., 14 April 2022, no. 20-22.886, published in the Bulletin).
⚠️ Point to watch. For a small claim brought in interim relief, document either an attempt at conciliation, mediation or a participatory procedure, or the genuine urgency of your situation (a cash-flow risk, for instance), before serving the summons. Otherwise you expose yourself to inadmissibility, exactly as with proceedings on the merits.
| Criterion | Civil court (tribunal judiciaire) | Commercial court (tribunal de commerce) |
|---|---|---|
| Legal basis | Article 835, paragraph 2, CPC | Article 873, paragraph 2, CPC |
| Debtor concerned | Individual, self-employed professional, association | Trader, commercial company |
| Representation by a lawyer | Mandatory above EUR 10,000 | Recommended, not required up to EUR 10,000 |
| Indicative timeframe | A few weeks to 2 months | A few weeks, often faster |
Protective attachment, to freeze assets before they vanish
Two cumulative conditions
Protective attachment makes it possible to freeze a bank account, company shares or the debtor's movable property before you even hold a final enforceable title. Article L. 511-1 of the Code of Civil Enforcement Procedures sets out two cumulative conditions: your claim must appear well founded in principle (an appearance is enough, neither certainty nor a definitively fixed amount is required), and you must show circumstances likely to jeopardise its recovery (suspicious account movements, asset disposals, a change of registered office, signs of financial difficulty).
📊 Worth knowing. A documented unpaid invoice file, with a formal notice left unanswered, meets these two conditions fairly easily in practice: case law takes a flexible view of the principle of the claim at this stage, without requiring the certainty, liquidity and enforceability demanded for an order for payment.
When is court authorisation not required?
Article L. 511-2 of the same code removes the need for prior authorisation in several situations that are common in commercial matters: you already hold an enforceable title, a court decision that is not yet enforceable (see the box on the order for payment above), an accepted bill of exchange, a promissory note or a dishonoured cheque, or unpaid rent under a written property lease.
In every other case, the measure must be authorised by an order made on application. The enforcement judge of the civil court has sole jurisdiction in principle, under article L. 213-6 of the Code of Judicial Organisation, but the president of the commercial court has concurrent jurisdiction where the application, made before any proceedings, concerns a debt falling within commercial jurisdiction. The territorially competent judge is the one for the place where the debtor resides (article R. 511-2 of the Code of Civil Enforcement Procedures).
The timetable to keep, on pain of lapse
Once the order is obtained, a judicial commissioner carries out the attachment. Two deadlines are then mandatory:
| Step | Deadline | Legal basis |
|---|---|---|
| Notification of the attachment to the debtor (attachment of debts, e.g. a bank account) | 8 days after the measure is carried out | Article R. 523-3 CPCE |
| Starting proceedings or the formalities needed to obtain an enforceable title | 1 month after the measure is carried out | Article R. 511-7 CPCE |
⚠️ Point to watch. Missing either of these two deadlines makes the attachment lapse, that is, deprives it of any effect retroactively: it is one of the grounds of challenge most frequently raised before the enforcement judge. If you do not yet hold an enforceable title when the attachment is carried out, start the order for payment, the interim relief application or the proceedings on the merits without delay.
Once the enforceable title is obtained, the protective attachment converts into a definitive attachment (an attachment of debts for bank accounts), which immediately allocates the attached sums to the creditor, subject to any challenge by the debtor.
📞 Miraï Avocats recommendation. Never wait for the first signs of insolvency before acting: once the funds have been transferred or the assets sold, protective attachment comes too late. A documented debt file will often secure the judge's authorisation within a few days.
Proceedings on the merits, when the dispute is genuine
Full adversarial proceedings, with no substantive ceiling
Where the debtor raises a genuinely serious dispute (documented defective work, a defence of non-performance, a quantified counterclaim), neither the order for payment nor the interim payment order will succeed: both are designed for debts that cannot be seriously argued about. Proceedings on the merits, before the commercial court or the civil court depending on the debtor's status, are then the only route that allows a disputed case to be decided definitively, whatever its subject matter.
⚠️ Point to watch. For any claim not exceeding EUR 5,000, article 750-1 of the Code of Civil Procedure requires, on pain of an inadmissibility the judge may raise of its own motion, a prior attempt at conciliation, mediation or a participatory procedure, save for a legitimate reason (manifest urgency, no conciliator available within a reasonable time). This requirement applies before the civil court and the commercial court alike, and it is distinct from a simple formal notice: a reminder letter does not satisfy it.
What proceedings on the merits allow, that the other two routes do not
Proceedings on the merits open a full case, with exchanges of submissions, disclosure of documents and, where appropriate, a court-appointed expert: this is the right framework to pursue counterclaims, obtain damages distinct from mere late payment, or have a disputed contractual clause construed. Once provisional enforcement is attached to it, the judgment allows the full range of enforcement measures to be resumed, including converting a protective attachment already carried out during the proceedings.
The trade-off is time: expect several months, often 8 to 15 months excluding appeal depending on the court's backlog and the complexity of the file, against a few weeks for an uncontested interim payment order.
Comparison: which procedure for which situation?
| Criterion | Order for payment | Interim payment order | Proceedings on the merits |
|---|---|---|---|
| Adversarial | No, until an opposition is filed | Yes, from the hearing | Yes, from the outset |
| Substantive condition | Debt certain, liquidated and due | Obligation not seriously disputable | Any dispute, including a genuinely contested one |
| Prior amicable attempt (art. 750-1 CPC) | Not applicable | Applicable in principle, save manifest urgency (exemption case by case) | Mandatory where the claim does not exceed EUR 5,000 |
| Average time without incident | 2 to 3 months | A few weeks to 2 months | 8 months and more |
| Cost | Low | Moderate | Higher |
| Can be combined with a protective attachment | Yes, from service | Yes, from the order | Yes, from the summons |
In practice: a documented and undisputed debt calls for an order for payment. An urgent debt where a serious dispute is likely calls for an interim payment order. A case already genuinely contested requires proceedings on the merits. In all three, if the debtor presents an insolvency risk, protective attachment is layered on top of the chosen procedure to secure recovery while it runs.
Late payment in figures
📊 According to the Banque de France payment deadlines observatory, more than one large company in two paid its suppliers after the 60-day statutory deadline in 2024, and late payment is estimated to have deprived French SMEs of close to EUR 13 billion in cash over the last observed financial year (source: Banque de France, Bulletin no. 260/5, September-October 2025).
According to an Ifop survey carried out for the debt collection firm Arc among more than 500 companies, the average payment delay between businesses rose from 17.3 days in 2025 to 18.9 days in 2026, its highest level in twelve years (source: Ifop-Arc survey, May 2026).
Frequently asked questions
Can I start several of these procedures at the same time?
Not as between the three contentious routes: you choose the order for payment, the interim payment order or proceedings on the merits according to how far your debt is disputed, and you do not stack them on the same debt. Protective attachment, on the other hand, combines with any of the three, since it decides nothing on the substance.
Does protective attachment require an enforceable title?
No, and that is precisely its value: it allows assets to be frozen before any enforceable title has been obtained, provided you show a claim that appears well founded in principle and circumstances jeopardising its recovery (article L. 511-1 of the Code of Civil Enforcement Procedures). Already holding an enforceable title simply removes the need to ask for the judge's prior authorisation.
What happens if my interim payment application is dismissed for serious dispute?
A dismissal in interim relief does not prevent you from acting: you can bring the case before the same court on the merits, this time developing your full argument and evidence. The time already spent is not lost, since the formal notice and the interim relief summons interrupted the limitation period.
Must I attempt conciliation before suing on the merits for a small claim?
Yes, if your claim does not exceed EUR 5,000, save for a legitimate reason relating to urgency or to the unavailability of conciliators. Otherwise your summons is exposed to an inadmissibility that the judge may raise of its own motion, under article 750-1 of the Code of Civil Procedure.
How long do I have to act after a protective attachment?
One month from the date the measure is carried out, to start proceedings or complete the formalities needed to obtain an enforceable title, failing which the attachment lapses (article R. 511-7 of the Code of Civil Enforcement Procedures). That deadline is short: prepare your application for an order for payment, your interim relief summons or your summons on the merits before the attachment is even carried out.
📞 Unsure which procedure fits your unpaid invoice?
Maître Léa Scemama, commercial law attorney at the Paris Bar, reviews your debt recovery file and helps you choose the fastest route, anywhere in France.
Phone: +33 1 72 68 20 30 · Email: contact@mirai-avocats.com · Book a consultation
Disclaimer. This article is provided for information only and does not constitute personalised legal advice. The most suitable procedure depends on the circumstances of each file. We invite you to consult a lawyer for any question relating to your situation. The law is stated as at 18 September 2026.
Legal references
- Code of Civil Procedure, articles 1405 to 1425 (order for payment), see the dedicated guide.
- Article 835, paragraph 2, of the Code of Civil Procedure (interim payment order, civil court).
- Article 873, paragraph 2, of the Code of Civil Procedure (interim payment order, commercial court).
- Article 750-1 of the Code of Civil Procedure (prior attempt at amicable resolution, claims up to EUR 5,000).
- Article L. 511-1 of the Code of Civil Enforcement Procedures (conditions for protective attachment).
- Article L. 511-2 of the Code of Civil Enforcement Procedures (cases exempt from court authorisation).
- Article L. 512-1 of the Code of Civil Enforcement Procedures (release of the protective measure).
- Article L. 213-6 of the Code of Judicial Organisation (jurisdiction of the enforcement judge).
- Articles R. 511-2 and R. 511-7 of the Code of Civil Enforcement Procedures (territorial jurisdiction, one-month deadline on pain of lapse).
- Article R. 523-3 of the Code of Civil Enforcement Procedures (notification of a protective attachment of debts).
- Articles L. 441-10 and D. 441-5 of the Commercial Code (late payment penalties, fixed indemnity).
- Cass. com., 24 April 2024, no. 22-24.275, published in the Bulletin (no cumulation of late payment penalties and moratory interest, serious dispute in interim relief).
- Cass. 2e civ., 14 April 2022, no. 20-22.886, published in the Bulletin (article 750-1 of the Code of Civil Procedure applies in principle to interim relief, save manifest urgency).