Recovering an unpaid debt in France requires a clear understanding of the available legal instruments, realistic timelines, and the procedural risks that can slow or derail a claim. French law offers both domestic routes – notably the injonction de payer – and EU cross-border tools that allow creditors to freeze assets and enforce judgments across member states without additional court proceedings. Ferraz & Whitmore assists international businesses and funds in selecting the most effective strategy and steering claims through each stage of the French process.
When Businesses Typically Need Debt Recovery Assistance in France
Most mandates arise when an unpaid invoice has aged beyond the contractual payment deadline and informal follow-up has failed. Common triggers include: a French distributor or subsidiary withholding payment during a dispute; a counterparty entering financial difficulty before judgment is obtained; or an existing foreign judgment that needs to be enforced against assets located in France.
Other situations involve cross-border supply chains where the debtor has accounts in France but is domiciled abroad, or where a creditor has already obtained a judgment in another EU member state and needs to convert it into tangible recovery. In each scenario, the earlier legal advice is obtained, the wider the range of instruments available.
Key Legal Instruments Under French Law
Injonction de payer
The injonction de payer is France's primary non-contentious payment order procedure, governed by Articles 1405 to 1425 of the Code of Civil Procedure. It is a written, ex parte process: the creditor files a petition with documentary evidence of the debt, and the court examines the claim without initially summoning the debtor. Once issued, the order is served by a commissaire de justice (formerly known as a huissier de justice). The debtor then has one month to oppose; if no opposition is lodged, the creditor applies to have the order declared enforceable (formule exécutoire).
From filing to an enforceable order, the process typically takes four to eight weeks in uncontested cases. Opposition by the debtor converts the matter into standard adversarial proceedings, which can extend the timeline significantly. Choosing the correct court – the tribunal judiciaire or the tribunal de commerce depending on the nature of the debt – is essential to avoid procedural nullity.
Late Payment Interest
French law and applicable EU late payment rules entitle creditors to claim statutory late payment interest once a payment deadline has passed. The applicable rate depends on the contract, any applicable treaty, and whether the transaction is classified as a commercial or consumer debt. Claims should be computed carefully from the outset, as late payment interest can form a meaningful component of the total sum sought.
Asset Freezing and Enforcement
Where there is a risk that the debtor may dissipate assets before judgment, a creditor can apply for provisional measures, including the seizure of bank accounts or movable assets. Enforcement of a final judgment in France is carried out by a commissaire de justice, who holds exclusive authority to execute enforceable titles. Identifying and locating assets in advance – through credit reports, public registry searches, and, in cross-border cases, the EU account information mechanism – is a critical step that should not be left until after judgment.
Cross-Border Instruments Available to International Creditors
European Payment Order
For uncontested monetary claims between parties in different EU member states, Regulation (EC) 1896/2006 provides the European Payment Order (EPO) procedure. A creditor files standardised forms; if issued, the EPO is enforceable in all EU member states except Denmark without the need for a separate declaration of enforceability (exequatur). This makes it a highly efficient tool for creditors holding undisputed invoices against French-domiciled debtors, or for French creditors pursuing debtors elsewhere in the EU.
European Account Preservation Order
Regulation (EU) 655/2014 allows EU-domiciled creditors to obtain an ex parte freezing order over a debtor's bank accounts in another EU member state, again excluding Denmark. The order can be sought before, during, or after court proceedings and does not require the debtor to be notified in advance. The regulation also includes an account information mechanism, enabling creditors to request that the relevant authority identify which bank holds the debtor's accounts – a powerful tool when asset location is uncertain.
Recognition and Enforcement of Foreign Judgments
Judgments from other EU member states are generally enforceable in France under the Brussels I Recast Regulation without exequatur. For judgments from non-EU jurisdictions, the position depends on the applicable bilateral or multilateral framework. The Hague Judgments Convention 2019 is in force for EU states (except Denmark), Ukraine, and Uruguay. For the United Kingdom, the Convention applies to proceedings commenced on or after 1 July 2025; judgments from proceedings predating that threshold continue to rely on the Hague Convention of 2005 (which requires an exclusive jurisdiction clause) or French national exequatur rules. Albania and Montenegro will be bound from 1 March 2026, and Andorra from 1 June 2026. Creditors holding older UK judgments should take advice promptly on the most appropriate enforcement route in France.
If you are assessing the enforceability of a foreign judgment against a French debtor or need to act before treaty provisions change, we welcome an initial discussion. Please write to info@ferrazwhitmore.com or visit our contacts page.
Typical Pitfalls in French Debt Recovery
- Incorrect court selection: Filing an injonction de payer before the wrong court can result in the order being refused or set aside, losing weeks of procedural time.
- Incomplete documentation: The petition must be supported by originals or certified copies of the contractual and evidentiary basis. Gaps give the debtor grounds to oppose.
- Missed limitation periods: Commercial claims in France are generally subject to a five-year limitation period, but specific rules apply to certain sectors and relationships. Cross-border claims may involve additional limitations under the applicable law of the contract.
- Failure to freeze assets early: Waiting until judgment to seek preservation measures can allow a debtor to dissipate or transfer assets. The European Account Preservation Order should be considered as soon as proceedings are contemplated.
- Overlooking insolvency risk: If a debtor is already approaching insolvency, debt recovery strategy must be coordinated with restructuring considerations to avoid clawback of payments or security granted in the suspect period. Our bankruptcy and restructuring practice in France works in close coordination with the debt recovery team.
- Cross-border strategy gaps: Creditors with debtors operating across multiple EU jurisdictions may need parallel proceedings. Our experience in debt recovery in Belgium is one example of how a coordinated multi-jurisdictional approach can be structured.
How Ferraz & Whitmore Approaches Debt Recovery in France
Our starting point is a review of the contractual documentation, the payment history, and the debtor's known financial position. We assess which instrument – domestic or cross-border – best fits the facts, and we identify whether asset preservation measures should be sought in parallel. Where the debt is uncontested and speed matters, we prioritise the injonction de payer or the European Payment Order.
Where the debtor is likely to contest or where the debt involves a complex commercial dispute, we advise on the merits and litigation risks before proceedings are commenced. We do not recommend litigation as a default; the cost and timeline of adversarial proceedings in France must be weighed against the realistic prospect and value of recovery.
For a detailed procedural overview of the steps involved in French debt recovery, including pre-litigation considerations and enforcement mechanics, please refer to our analytical guide on French insolvency and restructuring developments, which sets out the procedural framework in depth.
Self-Assessment Checklist for Creditors
Before engaging counsel, the following questions help clarify the scope and urgency of a potential mandate:
- Is the debt evidenced by a signed contract, purchase order, or accepted invoice?
- Has the payment deadline passed, and has a formal written demand been issued?
- Is the debtor contesting the underlying claim, or is non-payment purely a cash-flow issue?
- Are you aware of any insolvency proceedings, restructuring negotiations, or change-of-ownership process involving the debtor?
- Do you know whether the debtor holds bank accounts or assets in France specifically, or across multiple EU jurisdictions?
- Is there a jurisdiction and governing law clause in the contract, and does it designate French courts?
- Are there regulatory dimensions – for instance, does the debtor operate in a sector supervised by the AMF or the ACPR – that may affect enforcement strategy?
- How old is the claim, and are there any limitation period concerns?
Answering these questions before the first meeting allows us to provide focused advice more quickly and reduces unnecessary cost at the outset of a mandate.
Cross-Border Dimension: France Within a Multi-Jurisdictional Recovery
Many of our mandates in France form part of a wider cross-border recovery effort. A corporate group may have assets in France, Belgium, and Portugal simultaneously; a judgment obtained in one jurisdiction needs to be enforced in others without losing time. The EU framework – Brussels I Recast, the European Account Preservation Order, and the European Payment Order – provides a coherent set of tools for exactly this scenario, though each instrument has jurisdictional and procedural limits that must be understood before they are deployed.
For non-EU creditors, the Hague Judgments Convention 2019 is increasingly relevant as its circle of contracting states expands. UK creditors in particular should note the 1 July 2025 entry-into-force date for proceedings commenced in the UK: for claims filed from that date onwards, the Convention offers a more predictable route to enforcement in France than the previous reliance on national exequatur. Earlier claims require a case-by-case analysis.
If your business is facing an unpaid invoice or seeking to enforce a judgment in France, the Ferraz & Whitmore team is available to discuss the options specific to your situation. You are welcome to reach out at info@ferrazwhitmore.com or through our contacts page.
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.