An unpaid invoice has to be handled in a precise order, and most mistakes happen before the first reminder: one clause missing from your terms of sale, and late payment interest becomes hard to claim. Here is the sequence, from the phone call to an enforceable title.
Chasing happens in two steps: a simple reminder, by phone or in writing, then a formal notice to pay sent by registered letter with acknowledgement of receipt. Between businesses, late payment interest and the fixed EUR 40 recovery indemnity are owed without any reminder being needed — provided you set them out in your terms of sale and carried them on the invoice.
Chasing an invoice that is not yet payable costs you credibility for every reminder that follows. The first question is therefore the due date, and the answer differs by customer type.
Two practical checks beat a premature reminder: did the invoice actually go out, and to the right address? Does it state the payment period? That wording is mandatory on the invoice (article L441-9 of the French Commercial Code) and in the general terms of sale (article L441-1). It is also the document that makes everything that follows hard to argue with.
For the full list of what has to appear on a repair invoice — mileage, itemised breakdown of the work, VAT wording — see our guide on garage invoice requirements.
This is the point many workshops discover too late. Between businesses, late payment interest does not have to be requested: it is owed as of right. The public service portal is explicit — late payment interest may be applied without having to send a payment reminder or a formal notice. It accrues per day of delay, from the day after the settlement date shown on the invoice.
The rate itself is a choice, within limits set by article L441-10 of the French Commercial Code:
On top of that comes a fixed recovery-costs indemnity of EUR 40 (article D441-5 of the French Commercial Code). Its rules are worth knowing exactly:
The risk cuts both ways. Failing to mention late payment interest and the EUR 40 indemnity in your terms of sale, setting a non-compliant rate, or applying irregular conditions exposes the business to an administrative fine of up to EUR 75,000 for a sole trader and EUR 2 million for a company, doubled on repeat within two years (articles L441-16 and L470-1 to L470-2 of the French Commercial Code).
Amicable recovery comes in two steps, and the public service portal notes that neither is compulsory. The reminder is nonetheless used almost systematically, because it settles the two most common cases: a plain oversight, and a temporary cash-flow problem.
It can be done by phone, in writing, or both. In practice the call gets an answer faster and the written note leaves a trace: doing both, in that order, costs very little. A few points of method:
Worth remembering: the reminder is not a compulsory step before a formal notice or before court action. You can skip it if the file is already tense.
The formal notice to pay (mise en demeure) is the act that moves a file from commercial to legal. Its regime is set by articles 1344 to 1345-3 of the French Civil Code. It is not compulsory, save in particular cases, but it is the document a judge will expect in most of the procedures that follow.
Three forms are possible.
No rule imposes a template. In practice, for it to have effect, it should name unambiguously: your full details and the customer's, the heading identifying it as a formal notice to pay, the invoice reference and date, the outstanding amount, the breakdown of late payment interest and of the EUR 40 indemnity where applicable, a precise deadline for payment, and what will follow if nothing happens. Date it, sign it, and keep the acknowledgement of receipt: that is what proves the date.
A workshop invoices both, and the regime differs. Confusing them is costly either way: claiming from a private customer what is not owed by them is a questionable commercial practice, and waiving what a business customer owes amounts to funding that customer for free.
| Private customer | Business customer | |
|---|---|---|
| When payment falls due | In principle immediately | 30 days by default, up to 45 days end of month or 60 days if agreed |
| Late payment interest under article L441-10 | No: the mechanism covers business-to-business relations | Yes, as of right, with no reminder or formal notice |
| Fixed EUR 40 indemnity | No: limited to commercial acts | Yes, once per late invoice |
| Small-claims recovery procedure | Yes, where the debt does not exceed EUR 5,000 | Excluded for invoicing between traders, which falls under the new procedure |
With a largely private clientele, then, the work happens upstream: in the displayed terms of sale and in the signed quote or repair order, which establish what was ordered, at what price and by when.
Once a formal notice has gone unanswered, four routes exist, and a fifth has just been created. The choice depends on the amount, on the customer's status, and on whether the debt is disputed.
For a debt that does not exceed EUR 5,000, the creditor can instruct a judicial commissioner (articles L125-1 and R125-1 onwards of the French Code of Civil Enforcement Procedures). The commissioner invites the debtor to take part, by registered letter or electronic message; the debtor replies within one month, and no reply counts as a refusal. Agreement to take part suspends the limitation period (article 2238 of the French Civil Code); an agreement reached is made enforceable, which allows a bank seizure without going before a judge. If it fails, the procedure stops and the court route stays open.
The costs fall on the creditor, and they are tariffed: EUR 14.92 including VAT to file the request, EUR 29.76 including VAT for issuing the enforceable title (not payable if the procedure fails), plus fees on payment — EUR 21.28 up to EUR 188, then a tapering scale by bracket. For a debt of EUR 200, the public service portal gives an example of EUR 22.49 in fees. Important: this procedure excludes commercial debts, that is, invoices between traders.
This is the written, non-adversarial procedure with no hearing, set out in articles 1405 onwards of the French Code of Civil Procedure. You apply to the court for the place where the debtor lives: the commercial court (tribunal de commerce, or economic activities court) where both parties are traders or the act is a commercial act, otherwise the judicial court. The application uses a form (Cerfa no. 12946 at the commercial court, no. 12948 at the judicial court), with no obligation to instruct a lawyer, together with the quote or contract, a copy of the unpaid invoice and the formal notice. Court registry fees are EUR 33.47 at the commercial court; there are none at the judicial court.
The judge grants the whole claim, part of it, or rejects the application — a rejection cannot be appealed. The order then has to be served by a judicial commissioner, at the creditor's expense, within three months since 1 September 2026, against six months previously: after that it lapses. The debtor has one month from service to object. Where no notice of objection arrives within two months of service, the creditor can proceed to enforcement: the order then constitutes an enforceable title (article 1422).
Two further court routes exist: an application for interim payment, which obtains an advance on the sum owed quickly, and an action on the merits, slower, which becomes unavoidable as soon as the debt is seriously disputed.
French Law no. 2026-307 of 23 April 2026 creates a simplified procedure for recovering undisputed commercial debts, which requires no intervention by a judge and complements the small-claims procedure capped at EUR 5,000. It applies to debts that are certain, liquidated and due, invoiced between traders, with no threshold on the amount, and it runs as follows:
One notable difference from the small-claims procedure: the costs fall on the debtor. The detailed arrangements are to be set by an implementing text, and the official factsheets state that the procedure will be operational by 31 December 2026 at the latest. The reasoning put forward by the authorities is blunt: the Banque de France estimates that late payment raises a company's probability of failure by 25%, and by 40% where the delay exceeds one month.
An unpaid invoice is better prevented than recovered, and the levers sit in the workshop, not in the reminders folder.
IZZI DEVIS is voice-driven workshop management software for mechanical, body repair, motorcycle and electrical professionals. On tracking unpaid invoices, here is what it does, factually.
What it does not do: it does not draft your formal notice, it applies to no court, it is no substitute for a judicial commissioner, and it collects nothing from private individuals — your customers' payments go through your own payment arrangements. The full feature list is on the garage management software page, and the invoicing reform deadlines are in our guide on electronic invoicing.
The mechanism in article L441-10 of the French Commercial Code, which makes late payment interest owed as of right, covers business-to-business relations. The fixed EUR 40 indemnity, for its part, only covers commercial acts. With private customers, everything therefore rests on what your general terms of sale provide, made known to the customer before the work begins.
Between businesses it is owed as of right once payment is late, with no reminder or formal notice, provided it appears in your general terms of sale and on your invoices. It is owed once per invoice paid late, even where part of the invoice has been paid, and it is not subject to VAT.
It is not compulsory, save in particular cases, and nor is the reminder. In practice it is one of the documents expected in support of an application for an order for payment, and it has to be drafted in terms clear and formal enough to qualify as a formal notice: a polite reminder is not one.
The costs fall on the creditor: EUR 14.92 including VAT to file the request with the judicial commissioner and EUR 29.76 including VAT for issuing the enforceable title, the latter not payable if the procedure fails. Fees apply on payment, namely EUR 21.28 up to EUR 188, then a scale by bracket. The debt must not exceed EUR 5,000 and must not be a commercial debt between traders.
French Law no. 2026-307 of 23 April 2026 allows a trader-to-trader invoice that is certain, liquidated and due to be recovered with no threshold on the amount and no intervention by a judge: an order to pay issued by a judicial commissioner, a one-month period, then a record of non-contestation made enforceable by the registrar of the commercial court. The costs fall on the debtor. The arrangements are to be set by an implementing text, and the official factsheets announce entry into operation by 31 December 2026 at the latest.
This article is general information, up to date as of 29 October 2026. It does not replace advice from your accountant or legal adviser.
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