Doing business with a French company can create valuable opportunities, but what happens when your customer fails to pay an invoice?
For a foreign company, recovering an unpaid invoice in France may seem complicated. Different legal procedures, language barriers and unfamiliar collection practices can make it difficult to know what action to take.
The good news is that you do not need to be established in France to pursue a French debtor.
If your company has supplied goods or services to a business located in France and the invoice remains unpaid, several steps can be taken to recover the debt.
1. Check that the debt can be documented
Before starting debt collection proceedings, make sure you have sufficient evidence of the amount owed.
Useful documents may include:
Invoices, signed quotations, contracts, purchase orders, delivery notes, proof of delivery or completion of the service and emails or other correspondence with the customer.
The objective is to establish that the debt is certain, determined and due.
The clearer the documentation, the easier it will generally be to pursue the claim.
2. Contact the French debtor
The first step is usually to contact the debtor and request payment.
In some cases, an unpaid invoice results from an administrative problem, an accounting delay or a dispute that can be resolved quickly.
However, repeated reminders should not continue indefinitely.
If emails and telephone calls remain unanswered or the debtor repeatedly promises payment without actually paying, a more formal collection process should be considered.
3. Send a formal demand for payment
A formal demand for payment — known in France as a “mise en demeure” — is an important stage in the collection process.
It formally requests that the debtor pay the outstanding amount within a specified period.
Depending on the circumstances, it can also establish an important legal starting point before further proceedings are initiated.
For a foreign creditor, sending occasional emails from abroad may have limited impact. Having the matter handled locally can significantly change the way the debtor perceives the claim.
4. Use a debt collection agency in France
A foreign company can appoint a professional debt collection agency to pursue a debtor located in France.
This allows the creditor to outsource communication and collection activity to a company familiar with French procedures.
LBM Contentieux assists foreign businesses with unpaid debts against French companies.
Our team can handle the collection process directly in France while the creditor remains abroad.
This can include debtor contact, formal collection actions, negotiations, monitoring of payment commitments and, where appropriate, examination of judicial recovery options.
If your company currently has an unpaid invoice in France, discover our dedicated service: Debt Collection Agency in France – Recover Your Unpaid Invoices
5. Try to recover the debt amicably first
In many cases, the objective is to obtain payment without immediately initiating court proceedings.
This is known as amicable debt collection.
The debtor may pay the full amount after receiving formal collection communications or may contact the creditor or its representative to discuss the situation.
Where appropriate, a payment arrangement may also be considered.
An amicable solution can avoid unnecessary legal proceedings while still creating sustained pressure for payment.
However, if the debtor refuses to cooperate, further action may be necessary.
6. Consider judicial debt collection
When amicable recovery fails, judicial proceedings may be considered depending on the circumstances of the case.
One procedure available under French law is the injonction de payer, or payment order procedure.
It allows a creditor, under certain conditions, to request a court order requiring the debtor to pay the amount owed.
The appropriate court and procedure depend on several factors, including the nature of the parties, the debt and the supporting documentation.
Obtaining a court decision does not necessarily mean that payment will occur automatically. If the debtor still refuses to pay, enforcement measures may subsequently be required.
In France, enforcement measures are carried out by a commissaire de justice.
7. Check the debtor’s financial situation
There is an important difference between a debtor who does not want to pay and a debtor who can no longer pay.
Before committing significant time to recovery proceedings, the debtor’s financial situation should therefore be considered.
A French company experiencing serious financial difficulties may become subject to insolvency proceedings such as sauvegarde, redressement judiciaire or liquidation judiciaire.
If collective insolvency proceedings have already been opened, the creditor may need to declare its claim within the applicable deadline rather than pursue ordinary collection measures.
This is another reason why unpaid invoices should not be ignored for too long.
8. Do not wait unnecessarily
Time matters in debt collection.
The longer a debt remains unpaid, the greater the risk that the debtor’s financial position deteriorates, the company disappears, insolvency proceedings begin or recovery becomes more difficult.
There are also limitation periods applicable to legal claims.
The exact limitation period can depend on the nature of the transaction and the parties involved, so foreign creditors should avoid assuming that an old invoice can always be pursued later.
If a French customer has stopped responding, taking action early is generally preferable to waiting several months for another promise of payment.
What if my company is outside the European Union?
Being located outside the European Union does not automatically prevent your company from pursuing a French debtor.
Companies based in the United Kingdom, United States, Switzerland, Canada and other countries may still have claims against businesses located in France.
However, international contractual issues such as jurisdiction, applicable law and contractual clauses may need to be examined where a dispute arises.
For straightforward unpaid invoices where the French debtor does not genuinely dispute the goods or services supplied, local debt collection can often be the logical first step.
What documents should I send to a French debt collection agency?
To allow the claim to be reviewed efficiently, prepare as much documentation as possible.
Ideally, provide the debtor’s full company details, the outstanding invoice or invoices, contracts or quotations, proof that the goods or services were supplied, previous reminders and correspondence with the debtor.
Also indicate whether the debtor has ever disputed the invoice or acknowledged that payment is due.
This helps determine the most appropriate collection strategy.
Recovering your unpaid invoice in France
An unpaid French invoice does not have to be managed from hundreds or thousands of kilometres away.
LBM Contentieux assists foreign companies in recovering debts from businesses located throughout France.
We handle both amicable collection and, where appropriate, judicial recovery, allowing foreign creditors to have a French specialist manage their claim locally.
Your French customer has not paid?
Do not allow an unpaid invoice to become an old debt.
👉 Submit your debt collection case
+33 9 80 89 01 22
Frequently Asked Questions
Can a foreign company recover an unpaid invoice in France?
Yes. A company does not need to be established in France simply to pursue a debt against a French customer. The appropriate recovery process will depend on the circumstances of the claim.
Do I need a French lawyer?
Not necessarily. Many unpaid invoices can initially be pursued through amicable debt collection. If judicial proceedings become necessary, the appropriate legal procedure and professionals involved will depend on the case.
What if the French customer disputes the invoice?
The nature of the dispute must be examined. Contracts, quotations, delivery documents, correspondence and evidence that the service was completed can become particularly important where the debtor challenges the claim.
Can you contact my customer in French?
Yes. LBM Contentieux handles communication with French debtors locally, removing the language barrier for foreign creditors.
Can an old invoice still be recovered?
Possibly, but limitation periods apply. The applicable period depends on the nature of the claim and other circumstances, so an old debt should be assessed before recovery proceedings are initiated.
What happens if amicable collection fails?
Depending on the claim, judicial recovery may be considered. This can include the French payment order procedure (injonction de payer) or other appropriate proceedings.
How can I start the recovery process?
Prepare the unpaid invoice together with the available supporting documents and the French debtor’s details, then submit the case for review.
Another question? Contact LBM Contentieux on +33 9 80 89 01 22
