An unpaid invoice is not just a pending line in your accounts: it is confiscated cash flow and, often, the start of a weariness that lets the debt grow. Yet time works against the creditor. Each passing month increases the risk that the debtor disappears, reorganises or falls into insolvency proceedings.
A debt recovery lawyer in Paris, Maître Léa Scemama recovers businesses' commercial debts, choosing in each case the fastest and most proportionate route, from firm reminders to forced enforcement.
See all our commercial law services on our commercial law page.
How we work
| When we act | What we do | What you receive |
|---|---|---|
| As soon as the due date passes | Checking the title, the limitation period and the debtor's solvency | An opinion on the fastest route, before any cost is incurred |
| Amicable stage | Formal demand from a lawyer, quantifying interest and the fixed recovery indemnity | Often payment, without proceedings |
| Undisputed debt | Payment order application and service | An enforceable title within weeks |
| Debt disputed in bad faith | Interim payment application | A fast order despite delaying tactics |
| Genuinely disputed debt | Substantive claim before the competent court | A judgment on the merits |
| After the title | Attachment of bank accounts and of earnings, protective attachments beforehand | Actual payment, which is the only objective |
Our billing arrangements are set out on our fees page.
Amicable recovery
A lawyer's formal notice often has an immediate effect where your internal reminders went unanswered. This formal letter recalls the debt, quantifies interest and the fixed recovery indemnity due between professionals, and clearly announces the judicial consequences. Handled well, the amicable phase recovers the sum quickly while preserving, where possible, the commercial relationship.
In legal terms, formal notice results from a summons or an act giving sufficient warning, or from the debt simply falling due if the contract so provides (article 1344 of the Civil Code). Between businesses, late-payment penalties are due from the day after the due date without any reminder, and each invoice paid late gives rise to a fixed indemnity of 40 euros (articles L. 441-10 and D. 441-5 of the Commercial Code). The limitation period is five years for commercial obligations (article L. 110-4), but only two years when a business claims payment from a consumer (article L. 218-2 of the Consumer Code).
The payment order
The payment order is a simple, fast and inexpensive procedure suited to certain, liquid and due debts that are undisputed. On application, the judge issues an order that the debtor can contest within one month. The creditor must have it served by a judicial commissioner within three months for orders issued since 1 September 2026, against six months previously (decree no. 2026-96 of 16 February 2026), failing which the order lapses. Absent opposition, it becomes enforceable and allows you to move straight to enforcement measures. The full procedure is set out in our guide to the order for payment, and the choice between the four available routes in our guide to recovering an unpaid invoice. What the new deadline means for files already under way is summarised in our news item on the three-month service deadline.
The procedure is available for any contractual or statutory debt of a fixed amount, including a penalty clause, and for bills of exchange and promissory notes (article 1405 of the Code of Civil Procedure). The two decisive deadlines are in article 1411, for service, and article 1416, for the objection.
The interim payment procedure
Where the debt is not seriously disputable, the interim payment procedure obtains, within weeks, an order requiring the debtor to pay the full sum due by way of provision. It is often the most effective route against a debtor stalling with dilatory objections.
The legal basis is the same before both courts: article 835, paragraph 2, of the Code of Civil Procedure for the president of the civil court, and article 873, paragraph 2, for the president of the commercial court. In both cases, the judge may grant an interim payment where the existence of the obligation is not seriously disputable.
The substantive claim
Where the debt is seriously disputed, on its principle, its amount or the quality of performance, recovery goes through a substantive claim before the competent court, in most cases the Commercial Court. The firm builds the evidence file, defends the merits of the debt and obtains a judgment of condemnation with, where appropriate, damages.
Seizures and enforcement measures
Obtaining an enforceable title is only half the journey: you still have to be paid. The firm implements, with the enforcement officer, the appropriate measures: attachment of bank accounts, attachment of earnings, seizure and sale of movable property, and, upstream, protective seizures that freeze the debtor's assets before they can organise them away.
| Route | When to choose it | What it produces | The risk |
|---|---|---|---|
| Formal notice from a lawyer | Always first, unless the matter is urgent or the debtor may disappear | Payment in a significant number of cases, with no procedural costs | None, other than the time that passes |
| Payment order | A debt that is certain, liquid, due and undisputed | An enforceable title at low cost | The debtor's objection, which sends the case to a full hearing |
| Interim payment proceedings | A debt that cannot seriously be disputed, with a debtor contesting to buy time | An enforceable provisional award equal to the full amount | Referral to a full hearing if the dispute is found to be serious |
| Substantive claim | A debt seriously disputed in principle, amount or performance | A final judgment | Length and cost |
A protective seizure may be authorised by the court where the debt appears well founded in principle and circumstances threaten its recovery (article L. 511-1 of the Code of Civil Enforcement Procedures). No prior authorisation is needed where the creditor holds an enforceable title, or for an unpaid cheque, an accepted bill of exchange, a promissory note or unpaid rent under a written lease (article L. 511-2).
On a construction site, recovery combines with the guarantees specific to works contracts: see our works contracts page.
Why entrust your recovery to a lawyer?
The lawyer chooses the fastest procedure, acts with the authority of an officer of the court and sees enforcement through. The best prevention of unpaid invoices remains a well-drafted contract and terms of sale. If the debtor is in difficulty, the analysis meets business insolvency.
Frequently asked questions
When can an unpaid debt be recovered?
As soon as the unpaid invoice falls due. The earlier you act, the better your chances: a recent debt is far easier to recover than an old one, where the debtor may have organised their insolvency.
What is the limitation period for an unpaid invoice?
Between professionals, the action is in principle time-barred after five years. Towards a consumer, the period is reduced to two years. After that, the debt becomes in principle unrecoverable in court: so act without delay.
What is the interim payment procedure?
Where the debt is not seriously disputable, the interim payment procedure allows a quick order, often within weeks, requiring the debtor to pay a provision corresponding to the full sum due. It is an effective and fast route.
The debtor is in difficulty: can I still be paid?
If the debtor is subject to insolvency proceedings, individual recovery is suspended and you must file your claim within the deadlines, on pain of losing it. A swift reaction and a careful filing are essential to preserve your rights. Note on jurisdiction: if your debtor is based in Paris, Nanterre, Versailles or one of nine other jurisdictions, its insolvency proceedings are now heard by the Economic Activities Court, not the Commercial Court. Your proof of debt is filed with the court-appointed administrator in the same way, but the court named in the published notice differs.
Related topics
- Commercial litigation: where the debt is seriously disputed.
- Tenant eviction: unpaid rent, from recovery to repossession of the property.
- Co-ownership: unpaid service charges and their recovery by the co-ownership.
- Order for payment for an unpaid invoice: the long-form article on the full procedure.
Written by Maître Léa Scemama, admitted to the Paris Bar, Miraï Avocats. This page states the law applicable at its update date. It is general in nature and does not constitute advice tailored to a particular situation.