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.
Maître Léa Scemama recovers businesses' commercial debts in Paris, choosing in each case the fastest and most proportionate route, from firm reminders to forced enforcement.
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.
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. Absent opposition, it becomes enforceable and allows you to move straight to enforcement measures.
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 substantive claim
Where the debt is seriously disputed — on its principle, amount or the quality of performance — recovery goes through a substantive claim before 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.
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.