Recovering an Unpaid Invoice: Procedures 2026

Faced with an unpaid invoice, businesses are often at a loss in the face of the scale of the steps to be taken and the variety of procedures available. Between amicable reminders, court proceedings and enforcement measures, recovering a commercial debt requires a methodical approach and a thorough knowledge of the legal tools available. This problem, which affects companies of all sizes every day, calls for a strategy suited to the financial stakes and to the tight deadlines of the business world.

The amicable phase: the first step in recovering an unpaid invoice

The importance of a prior reminder

Before starting any court proceedings, an attempt at amicable recovery is an unavoidable first step. This approach has the advantage of preserving commercial relationships while allowing a swift resolution of the dispute. The formal notice (mise en demeure) is the fundamental document of this amicable phase. The assessment of the debt, the preliminary steps and the negotiation techniques specific to this phase are set out in our guide to amicable debt recovery.

The formal notice must meet certain formal requirements in order to be legally effective:

• Precise identification of the creditor and the debtor
• Detailed description of the debt, with reference to the invoices concerned
• Reminder of the payment terms originally agreed
• A clear demand for payment within a set period
• Indication of the consequences of non-payment

This formality interrupts the limitation period and causes late-payment interest provided for by law or by the contract to start running. It is also a mandatory preliminary step for certain court proceedings.

Commercial negotiation tools

Beyond the traditional formal notice, several instruments can make it easier to recover an unpaid invoice. A payment schedule offers a pragmatic solution when the debtor is going through temporary difficulties. This approach nevertheless requires a written agreement setting out the terms of payment by instalments.

A commercial settlement agreement (transaction) is another worthwhile alternative. This agreement brings the dispute to a definitive end in return for mutual concessions. The creditor may accept a reduction in the amount owed in exchange for immediate payment, thereby avoiding the uncertainties and the costs of court proceedings.

Court proceedings for recovery

The order for payment (injonction de payer): the standard procedure

The order for payment is the procedure most used for the recovery of commercial debts. This simplified procedure makes it possible to obtain an enforceable title quickly, without a prior adversarial hearing.

The conditions for opening this procedure are strictly defined:

• A debt consisting of a specific sum of money
• A debt that is due and not time-barred
• The existence of probative supporting documents
• No foreseeable serious dispute

The application must be accompanied by all the documents supporting the debt: invoices, purchase orders, general terms of sale, correspondence exchanged. The judge examines the application on the basis of these documents alone, which is why putting the file together is of crucial importance.

If the order is granted, the debtor has one month to lodge an objection. Failure to object within this period makes the order final and allows enforcement measures to be started. Preparing the file, filing the application and the cost of this procedure between businesses are set out in our article on the order for payment applied to B2B invoices.

The interim payment order in summary proceedings (référé-provision): urgency serving the creditor

Where the debt is not seriously disputed and urgency justifies it, an interim payment order in summary proceedings offers an effective alternative. This procedure makes it possible to obtain an order that the debtor pay an interim sum on account of the debt, pending a decision on the merits.

The interim payment procedure has several strategic advantages:

• Adversarial procedure guaranteeing the rights of the defence
• The possibility of immediate provisional enforcement
• A significant psychological effect on the debtor
• Preservation of rights for the proceedings on the merits

This procedure nevertheless requires urgency and the absence of a serious dispute to be demonstrated, which calls for rigorous legal preparation.

Proceedings on the merits: the full procedure

Where the debt is disputed or presents complex aspects, a summons on the merits (assignation au fond) remains the standard route. This procedure allows a full examination of the case and the resolution of all the legal difficulties.

The summons must comply with strict formalities and contain all the information needed to inform the defendant. Representation by a lawyer is compulsory before the commercial court for legal entities and optional for individuals who are traders.

Protective and enforcement measures

Protective attachment (saisie conservatoire): securing the debt

Even before obtaining an enforceable title, the creditor may apply for authorisation to carry out a protective attachment over the debtor's assets. This measure aims to prevent the debtor from arranging its insolvency or dissipating its assets.

The conditions for granting this authorisation are cumulative:

• A claim that appears well founded in principle
• A risk that the debtor's assets will disappear
• Absence of sufficient security

A protective attachment may cover the debtor's bank accounts, movable property or real property. It must be followed, within one month, by proceedings on the merits, failing which it lapses. The conditions of this measure, the question of authorisation by the enforcement judge (juge de l'exécution) and attachment of a bank account in practice are covered in our article on protective attachment.

Forced enforcement: the last resort

Once an enforceable title has been obtained, several means of enforcement are open to the creditor depending on the nature of the debtor's assets. Seizure and sale (saisie-vente) allows the seizure and sale of tangible movable property, while attachment of debts (saisie-attribution) targets the debtor's receivables directly, in particular its bank accounts.

Seizure of real property (saisie immobilière), a heavier and more costly procedure, may prove necessary where the debtor has only real property. This procedure, which lasts on average eighteen months, requires the involvement of a lawyer and a notary.

The bailiff (commissaire de justice, formerly known as huissier de justice) plays a central role in carrying out these enforcement procedures. Knowledge of recovery techniques and the ability to negotiate with debtors are valuable assets for optimising the chances of recovery.

Specific features of recovery where the debtor is in difficulty

Detecting warning signs

Monitoring customers' financial health is a major issue in preventing non-payment. Several indicators make it possible to identify at-risk situations:

• Lengthening payment times
• Repeated requests for payment schedules
• Changes in ordering habits
• Adverse information in commercial databases

This monitoring makes it possible to adapt commercial policy and to put additional guarantees in place before the situation deteriorates.

The impact of collective insolvency proceedings

The opening of collective insolvency proceedings (safeguard, court-supervised reorganisation or compulsory liquidation) profoundly changes the conditions of recovery. Filing a proof of claim becomes mandatory within the prescribed time limits, failing which the right to claim is lost (forclusion).

The fate of the debt then depends on its nature:

• Debts arising before the opening judgment are subject to collective discipline
• Debts arising afterwards receive preferential treatment under certain conditions
• Secured debts keep their rank according to the nature of the security

Cooperation with the bodies of the proceedings (creditors' representative, administrator, liquidator) becomes essential in order to preserve one's rights and optimise the chances of recovery.

Preventive management of non-payment risks

Contractual guarantees

Prevention remains the best way of limiting the risks associated with unpaid invoices. Including suitable contractual clauses makes it possible to secure commercial transactions:

• A retention of title clause protecting the goods delivered
• A penalty clause deterring late payment
• A jurisdiction clause facilitating court proceedings
• An arbitration clause directing disputes to commercial arbitration

These provisions must be drafted precisely and brought to the attention of the counterparty as required by law.

Credit insurance and factoring

Credit insurance offers protection against the risk of non-payment in return for payment of a premium. This solution makes it possible to transfer the commercial risk while retaining management of the customer relationship.

Factoring is a worthwhile alternative for companies wishing to outsource the management of their receivables entirely. The factor takes the place of the original creditor and takes charge of recovery, in return for a commission.

Conclusion

Recovering an unpaid invoice requires a methodical approach combining commercial negotiation and legal rigour. The variety of procedures available means that the strategy best suited to each situation must be chosen, taking into account the financial stakes, the time limits and the nature of the commercial relationship.

Mastery of these legal tools, from a simple formal notice to forced enforcement procedures, is a decisive competitive advantage for businesses. It makes it possible not only to optimise recovery rates but also to deter bad payers and to protect cash flow.

In the face of the increasing complexity of procedures and regulatory developments, support from a legal professional often proves essential. This expertise helps to avoid procedural pitfalls and to maximise the chances of success in recovering commercial debts.