How to Recover a Debt from a Company in France

Recovering a debt from a company in France is achievable through a structured set of legal procedures, the most efficient of which – the injonction de payer – can produce an enforceable order in as little as four to eight weeks without a contested hearing. The process is governed by a clear statutory framework, but foreign creditors frequently encounter procedural requirements and local enforcement conventions that differ markedly from their home jurisdictions. Understanding the available routes, the documentation needed, and the realistic cost and timeline profile is essential before committing resources to a recovery action in France.

Legal Basis for Debt Recovery in France

French civil debt recovery rests primarily on the Code de procédure civile (CPC). For undisputed or documentary debts, Articles 1405–1425 of the CPC establish the injonction de payer procedure, a non-contradictory (ex parte) payment order mechanism that allows a creditor to obtain a judicial order without the debtor being heard at the initial stage. This is the principal fast-track tool available to international creditors pursuing commercial claims.

For more complex or contested claims, standard adversarial proceedings before the Tribunal de commerce (commercial court) or Tribunal judiciaire (general civil court) apply. Where a debtor is insolvent or approaching insolvency, separate collective proceedings – sauvegarde, redressement judiciaire, or liquidation judiciaire – govern creditor rights and significantly alter enforcement options. An understanding of which route applies at the outset can prevent costly misdirection of effort.

Step-by-Step: The Injonction de Payer Procedure

The injonction de payer is the recommended starting point for most international creditors holding a documented, uncontested claim against a French company. The procedure unfolds in the following stages.

• Compile the documentary file. Assemble all evidence establishing the debt: signed contracts or purchase orders, invoices, delivery confirmations, correspondence acknowledging the obligation, and any prior payment demands. French courts expect a coherent paper trail; gaps in documentation are a common reason for rejection at this stage.
• File the application with the competent court. The creditor (or their French counsel) submits a written request (requête) to the president of the Tribunal de commerce or Tribunal judiciaire, depending on the nature of the claim. The application must state the amount claimed, the legal basis, and attach supporting documents. No hearing takes place at this stage.
• Await the judicial decision. The court reviews the file on the papers alone. If satisfied, the president issues an ordonnance portant injonction de payer. In practice, this decision is typically issued within four to eight weeks of filing, depending on court workload and the completeness of the submission.
• Serve the order on the debtor. The order must be served on the debtor by a commissaire de justice (the reformed title combining the former huissier de justice and commissaire-priseur judiciaire roles) within six months of the date the order was made. Failure to serve within this window causes the order to lapse.
• Monitor for opposition. Once served, the debtor has one month to file an opposition (opposition) with the court. If opposition is lodged, the matter converts to standard adversarial proceedings; no enforcement is possible while opposition is pending.
• Obtain the enforceable title. If no opposition is filed within the one-month period, the creditor applies to have the order declared enforceable (exequatur in the domestic sense, or more precisely the affixing of the enforcement formula). The commissaire de justice then has authority to proceed with enforcement measures.

Enforcement of the Order: Tools Available to Creditors

Once an enforceable title exists, French enforcement law provides a range of measures. The commissaire de justice plays a central operational role in executing each of them.

• Saisie-attribution – a garnishment order attaching funds held by the debtor's bank directly to satisfy the debt. This is frequently the most effective measure for liquid debtors.
• Saisie-vente – seizure and sale of the debtor's movable assets.
• Saisie immobilière – enforcement against immovable property, which follows a separate, more lengthy judicial procedure.
• Asset freezing (mesure conservatoire) – a creditor who has not yet obtained a final title may, in urgent circumstances, apply for a conservatory seizure to prevent the debtor from dissipating assets before judgment. This requires demonstrating both the apparent merits of the claim and a risk of dissipation.

Late payment interest is recoverable under French law, and the applicable rate depends on whether the parties have contractually agreed a rate or whether the statutory rate applies. Creditors should quantify their interest claim at the outset and include it in the application.

If your situation involves an insolvent counterparty, the debt recovery process intersects with collective insolvency proceedings in ways that substantially affect creditor rights, voting, and recovery prospects. Our bankruptcy and restructuring practice in France advises creditors navigating these parallel tracks.

Documents and Information You Will Need

Foreign creditors should prepare the following before instructing French counsel or initiating any procedure.

• The debtor company's full legal name, registered address, and SIREN/SIRET registration number (available from the INPI or Registre du commerce et des sociétés).
• All contractual documents: the signed agreement, general terms and conditions, and any amendments.
• Invoices, with their issue dates, due dates, and amounts in the currency of the contract.
• Proof of delivery of goods or performance of services.
• Correspondence: emails, letters, or formal notices acknowledging the debt or disputing it.
• Any prior formal payment demand (mise en demeure) sent to the debtor, ideally by registered letter with acknowledgement of receipt.
• If the contract is governed by a foreign law, a brief note on applicable law will assist counsel in framing the claim correctly before a French court.

Documents in a language other than French will generally need to be accompanied by certified translations for court use. Factoring this into both cost and timeline planning is important.

Realistic Timelines and Cost Drivers

The injonction de payer procedure – from filing to enforceable order – takes approximately four to eight weeks where the file is complete and the court's workload permits. This is the fastest route for uncontested debts. Where the debtor files an opposition, the case converts to contested proceedings, which typically extend the timeline by several months, sometimes considerably longer depending on the complexity of the dispute and the court's schedule.

Key cost drivers include: legal fees for drafting and filing the application; commissaire de justice fees for service and enforcement; certified translation costs for foreign-language documents; court filing fees (frais de greffe); and, if the debtor opposes, the significantly higher costs of adversarial litigation. Creditors should obtain a realistic cost-benefit assessment before initiating proceedings, particularly where the claim value is modest.

Common Errors Made by Foreign Creditors

International clients pursuing debt recovery in France frequently encounter the same set of avoidable difficulties. Awareness of these reduces the risk of delay or procedural failure.

• Relying on a foreign judgment without recognition. A judgment obtained outside France – even within the EU under certain conditions – requires a recognition or enforcement step before it can be executed in France. The mechanism differs depending on the origin of the judgment (EU regulation, bilateral treaty, or general private international law). Assuming automatic enforceability is a significant error.
• Failing to send a formal mise en demeure. While not always a strict legal prerequisite for the injonction de payer, a prior formal demand strengthens the file and, critically, may trigger the running of late payment interest.
• Insufficient documentation at filing. The court's review is based entirely on the documents submitted. Incomplete files are returned or rejected, restarting the timeline.
• Missing the service deadline. The six-month window to serve the order on the debtor is mandatory. Missing it extinguishes the order and requires the process to be restarted.
• Overlooking collective proceedings. If the debtor has been placed into sauvegarde, redressement, or liquidation judiciaire, an automatic stay applies and enforcement actions are suspended or prohibited. Creditors must instead file a formal proof of claim (déclaration de créance) within the collective proceeding. Acting outside this framework can result in the debt becoming irrecoverable.
• Underestimating the role of the commissaire de justice. This officer is not merely a process server; they are an essential enforcement actor with specific procedural powers. Coordinating with a qualified commissaire de justice from the outset is advisable, not an afterthought.

We work regularly with international businesses on French debt recovery matters. If you would like to discuss the specific circumstances of your claim, please contact our team at info@ferrazwhitmore.com or visit our contacts page.

Enforcing a Foreign Judgment in France

Where a creditor already holds a judgment or arbitral award obtained abroad, the path to enforcement in France depends on the instrument under which recognition is sought. EU creditors may rely on applicable EU regulations governing mutual recognition of judgments. Non-EU creditors must typically pursue an exequatur action before the Tribunal judiciaire, which examines whether the foreign decision meets French requirements of international public policy, proper jurisdiction, and procedural fairness – without re-examining the merits.

This process has its own timeline and procedural requirements, which differ substantially from a fresh French claim. For context on how enforcement of foreign decisions operates in other jurisdictions with similar non-automatic recognition regimes, our guide on enforcing a foreign judgment in Japan illustrates comparable structural issues.

Decision Checklist Before Starting Proceedings

Before instructing counsel and committing to a formal procedure, creditors should work through the following questions.

• Is the debt documented, quantified, and presently due? Are all supporting documents available and, where needed, translated?
• Has a formal mise en demeure been sent to the debtor?
• Has the debtor's current legal and financial status been verified – in particular, whether collective insolvency proceedings have been opened?
• Is the claim likely to be contested, or is the debtor's liability essentially acknowledged?
• Where is the debtor's principal asset base – bank accounts, real property, receivables? Is there a risk of dissipation that would warrant an urgent conservatory measure?
• What is the governing law of the contract, and does a choice-of-court clause designate a French or foreign court?
• Has the cost-benefit profile been assessed, accounting for realistic timelines and enforcement costs?

Our France practice team advises on the full spectrum of debt recovery and enforcement matters, from initial demand letters through to enforcement and insolvency. For a detailed discussion of your specific situation, please visit our debt recovery in France service page or reach out directly at info@ferrazwhitmore.com.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.