Debt recovery in France: order for payment and simplified procedure
Verified 01 September 2026 - Public Service / (Prime Minister), Ministry of Justice
Your debtor do not pay you (invoice, debt recognition...)? You can apply to a judge for an order for payment. As of 1 September 2026, the order for payment must be served within 3 months (instead of 6 months). You can also use the simplified procedure of recovery by a commissioner of justice if the debt does not exceed €5,000. We present you the information to know.
Order to pay
The order for payment procedure allows for a rapid enforceable title against a debtor who does not pay his debt.
Step-by-step approach
The possibility of initiating an order for payment procedure depends on the origin of the claim and its characteristics.
Origin of the claim
You can apply for an order for payment if your receivable originates from one of the following commitments:
- Contract (purchase, borrowing, invoice, debt recognition, bond…)
- Obligation of a statutory nature (co-ownership charges or membership in an organization to which one is required to join by statute such as a pension fund for example)
- Trade deed, including a bill of exchange, one promissory note, an assignment of professional debt (Dailly slip).
Warning
The order for payment procedure is not applicable in case ofunpaid child support, or in case bounced check.
Characteristics of the claim
There's no no limit on the amount debt.
Your claim must meet the following conditions:
- To be certain : the debt cannot reasonably be challenged
- Credit Memo an amount determined : it is said that the claim is liquid
- To have arrived due (the scheduled date for payment has passed): it is said to be due.
The claim must not be prescribed.
The creditor requesting an order for payment may be a natural person (an individual) or a legal person (a business, an association).
If you are a creditor, you can apply for an order for payment yourself.
You may also be assisted or represented by one agent of your choice. This representative must be equipped with a power unless he is a lawyer or commissioner of justice.
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General scenario
The request is free of charge.
If the application is filed by a lawyer, a commissioner of justice or an agent, fees are due.
The meaning of the order for payment made to the debtor shall incur the costs of a commissioner of justice.
The costs of a lawyer and commissioner of justice may be borne by legal aid in the event of insufficient resources.
If your application for an order for payment is granted, the judge may order the taking care of your costs of proceedings by the debtor.
Commercial debt outside Alsace-Moselle
The creditor must pay a court fee of €33.47 in the 15 days which follow the submission of the application.
If a lawyer or a commissioner of justice files the application, fees are due.
Service of the order for payment on the debtor incurs a court commissioner's fee.
The costs of a lawyer and commissioner of justice may be borne by legal aid in the event of insufficient resources.
If your application for an order for payment is granted, the judge may order the taking care of your costs of proceedings by the debtor.
Commercial debt in Alsace-Moselle
The request is free of charge.
If the application is filed by a lawyer, a commissioner of justice or an agent, fees are due.
The meaning of the order for payment made to the debtor shall incur the costs of a commissioner of justice.
The costs of a lawyer and commissioner of justice may be borne by legal aid in the event of insufficient resources.
If your application for an order for payment is granted, the judge may order the taking care of your costs of proceedings by the debtor.
The application for an order for payment shall be made by written request.
Of cerfa forms are at your disposal to submit your application. You must use the one that corresponds to the nature of your claim.
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General scenario
You must fill out the following form:
Application for an order for payment before the President of the Court of Justice
Unpaid rent and charges
You must fill out the following form:
Application for an order for payment before the Dispute Protection Judge
Consumer credit
You must fill out the following form:
Application for an order for payment before the Dispute Protection Judge
Commercial debt between professionals (trader, craftsman...))
General scenario
The debt is commercial when the creditor like the debtor are traders or when the debt arises from a deed of trade.
You must fill out the following form:
Application for an order for payment to the President of the Commercial Court
You can make a request online:
Online request for an order for payment before the Commercial Court
Debtor in Alsace-Moselle
There's no no commercial court in Alsace-Moselle.
If your debtor is in the department of Haut-Rhin, Bas-Rhin or Moselle, you can help yourself with the payment form. application for an order for payment before the president of the court noting that your request is addressed to the president of the commercial chamber of the court of justice.
If you wish, you can request that the case be referred directly to the court that you consider competent in the event ofopposition of your debtor.
If your order for payment involves more than one debtor, you can apply for a conviction solidarity.
You must forward request in court with the slip (the list of your supporting documents) and supporting documents.
The transmission is done by deposit at the reception of the court or by post.
The competent court is the place where your debtor resides (or one of your debtors). This is the court of law or of the commercial court or the local court, depending on the nature of the claim.
The application shall be addressed to the President of that court or to a judge of special jurisdiction within that court.
Please note
In case unpaid co-ownership charges, the competent court shall be that of location of the building.
Nature of the claim | Competent judge | Competent court |
|---|---|---|
| Protection Litigation Judge |
|
Debt of condominium expenses | President of the Judicial Tribunal | Court of Justice for the location of the immovable |
Commercial debt (excluding Alsace-Moselle) | President of the Commercial Court | Commercial court of the debtor's registered office |
Commercial debt in Alsace-Moselle | President of the Commercial Chamber of the Judicial Tribunal | Court of the debtor's registered office |
Other receivables | President of the Judicial Tribunal | Court of the debtor's domicile or registered office |
Who shall I contact
The order for payment procedure is not contradictory : it takes place without hearing. The judge makes his decision based solely on the elements contained in your file.
The judge makes a order for payment if it considers that the request is justified. This acceptance may be total or partial.
The judge discard the request if it considers that it is not justified or that the claim appears questionable.
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The judge accepts the request for an order for payment
If the judge accepts the request, the registry will provide you with a copy of the order for payment that includes the enforceable form. This document is a enforceable title which makes it possible to obtain a forced recovery.
In case of partial acceptance, the call is not possible.
If you want a bigger conviction, you have to waive the order for payment(don't signify to the debtor) and traditional judicial procedure.
The judge rejects the request
If the judge rejects your request for an order for payment, you cannot appeal of this decision.
You retain the possibility to engage a traditional judicial procedure against your debtor.
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Order issued before 01/09/2026
You have 6 months to do signify the application and order for payment by a commissioner of justice, à each of the debtors.
If the order for payment is not served within that period, it shall be ‘non avenue’, i.e. canceled.
The starting point the time limit for serving the order for payment is the date of the order.
Order issued as of 01/09/2026
You have 3 months to do signify the application and order for payment by a commissioner of justice, à each of the debtors.
If the order for payment is not served within that period, it shall be ‘non avenue’, i.e. canceled.
The starting point the time limit for serving the order for payment is the date of the order.
Warning
If you serve an order for payment that partially accepts your claims, you no longer have recourse to obtain a more significant conviction from your debtor.
Who shall I contact
The document of service of the Commissioner of Justice must contain, in particular, the following information:
- Summons to pay to the creditor the amount specified in the order and the interest and costs
- Deadline and form of the opposition
- Court before which the opposition may be lodged
- Warning to the debtor that he can read the documents at the registry
- Information that in the absence of opposition within the time limit, he can no longer exercise any recourse.
The debtor can access for free the supporting documents annexed to the application by electronic means via the following platform:
If these documents cannot be made available on the platform, the Commissioner of Justice must attach them to the application at the time of service.
The debtor may object to the order for payment. He has 1 month from meaning of the order for payment to make opposition to the court.
Until the time limit has elapsed, you cannot force the debtor to comply with the order for payment. It is said that the time limit for opposition is suspensive execution.
If service has not been made on the person of the debtor, the opposition period shall begin from the first act of execution (for example, a notice of seizure on a bank account).
Only the debtor may object.
The opposition is to the court to which the judge who made the decision belongs.
The debtor may make his statement of opposition orally by going to court. The Registrar who registers the appeal shall deliver a receipt.
The debtor may also opposition by post RAR: titleContent addressed to the registry of the court. He can write his appeal on free paper or using the form cerfa no. 15602.
The debtor's objection shall be received by the clerk at no cost.
If your debtor objects to the order for payment, the registry informs you that your application will be examined in a regular procedure with a hearing.
You have to appear before the judge or court that will decide on your requests.
In some cases the lawyer is mandatory. It depends on the amount and the nature of the claim.
Nature of the claim | Competent judge or court | Lawyer required |
|---|---|---|
| Protection Litigation Judge | No |
Commercial debt outside Alsace Moselle | Commercial Court | only for claims greater than €10,000 |
Other receivables | Court of Justice | only for claims greater than €10,000 |
The lawyer is not mandatory
Where counsel is not required, the clerk shall summon the creditor and all debtors to the hearing by letter RAR: titleContent.
You have to come to the hearing otherwise, we consider you to abandon your requests.
If you are absent from the hearing and the debtor does not come either, the order for payment becomes null and void, i.e. annulled.
If the debtor alone is absent, the judge makes his decision based solely on the elements contained in your file.
FYI
It is possible to be assisted or represented at the hearing.
In proceedings without a mandatory lawyer (this is referred to as oral proceedings), the parties have the right to be assisted or represented by the following persons:
- Lawyer
- Spouse, cohabiting partner or partner of Civil partnerships
- Parent or ally direct line
- Parents or allies in collateral line up to and including the third degree
- Person exclusively committed to their personal service or company.
If the representative is not a lawyer, he must justify a power special.
The lawyer is mandatory
Before the judicial tribunal
In the event of opposition to an order for payment in court for a claim of more than €10,000 , the Registrar shall notify you by post of a copy of the debtor's objection RAR: titleContent.
This mail informs you that you have 15 days from the date of notification for appoint a lawyer, that is to say, appoint a lawyer to represent you.
If you do not appoint a lawyer within this period, the order for payment is null and void, i.e. annulled.
As soon as your lawyer is constituted he informs your debtor by letter RAR: titleContent that he must also take a lawyer within the 15 days.
Before the Commercial Court
In the event of opposition to an order for payment before the commercial court for a claim of more than €10,000, the clerk shall summon you and all your debtors to the hearing by letter RAR: titleContent.
This summons reminds you of the obligation to take a lawyer.
The judgment on opposition replaces the order for payment.
The call is possible if the amount of the request is greater than €5,000.
If the amount does not exceed €5,000, the only possible remedy is appeal before the Court of Cassation.
In the absence of opposition within 1 month, the order may be enforced.
At your request, the court office will issue a certificate of absence of opposition. This document attests that the decision can be updated execution.
Application for a certificate of non-opposition
If the debtor does not voluntarily enforce the order, you can ask a commissioner of justice to make a forced execution. For example, the Commissioner of Justice carries out a seizure of movable property or bank account entry.
Who shall I contact
FYI
In case of difficulty in executing the order, it is possible to contact enforcement judge of the court of justice.
Simplified procedure
The simplified small claims recovery procedure is a quick procedure which allows the commissioner of justice (formerly judicial officer) to issue a enforceable title with theagreement of creditor and debtor.
Your receivable must originate in contract (purchase, borrowing...) or the result of a statutory obligation (compulsory contribution...).)
Its total amount (including interest) must not exceed €5,000.
Your claim must meet the following conditions:
- To be certain : the debt cannot reasonably be challenged
- Credit Memo an amount determined : it is said that the claim is liquid
- To have arrived due (the scheduled date for payment has passed): it is said to be due.
It must not be prescribed.
Warning
The simplified recovery procedure shall not apply to unpaid child support, or in case bounced check.
1Submit the file
You can implement the procedure using the Small Claims Processing Platform:
Small Claims Processing Platform
You must provide the Commissioner of Justice with the following information and documents:
- Identity and contact details of the debtor
- Proof of unpaid: all documents proving the existence of the debt, its amount and the non-payment (contract, invoice, quotation, formal notice...))
- Negotiation margin on the amount and terms of payment (maximum number of installments, percentage of negotiation...))
Warning
The Commissioner of Justice checks whether the file is complete and whether the claim meets the conditions of the simplified recovery procedure. It rejects incomplete or non-compliant files.
The competent Commissioner of Justice is the one within the jurisdiction of the Court of Appeal of domicile of the debtor.
Who shall I contact
2Invite the debtor to participate in the recovery procedure
The Commissioner of Justice shall send to debtor a letter RAR: titleContent or an electronic message inviting him to participate in the simplified recovery procedure.
The debtor has 1 month to respond to the invitation.
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Acceptance by the debtor
The debtor may agree to participate in the proceedings by post or by email message using the template acceptance letter that is notified to him with the invitation letter.
It can also do this via the Small Claims Processing Platform:
Small Claims Processing Platform
FYI
The acceptance of the debtor noted by the Commissioner of Justice suspends the prescription.
Refusal of the debtor
The debtor may refuse to participate in the proceedings by using the template of the refusal letter notified with the invitation letter or by any other means.
FYI
Failure to respond within 1 month is considered a refusal.
In the event of refusal, the Commissioner shall note in writing that end of the simplified procedure.
The time limit for prescription of the claim starts to run again.
The creditor may bring the matter before the court to obtain an enforceable title.
FYI
After the invitation letter has been sent to the debtor, no payment may be made until the Commissioner of Justice has noted the end of the procedure.
3Propose an agreement on the amount and terms of payment
If the debtor agrees to participate in the simplified recovery procedure, the Commissioner of Justice shall propose an agreement on the amount to be paid and the methods of payment.
The agreement must be finalized within 1 month.
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Agreement reached
The Commissioner of Justice record in writing the endof the simplified procedure by agreement of the creditor and the debtor on the amount and manner of payment.
Then it delivers a enforceable title to the creditor.
A copy of this enforceable title shall be given to the debtor.
In the event of non-compliance with the agreement, this enforceable title allows for enforcement (for example, seizure of the debtor's property or salary).
Please note
In order to prevent conflicts of interest, the commissioner of justice who has established the enforceable title cannot be responsible for seizures.
Lack of agreement
If the debtor refuses the proposal and if no other agreement is not found on the amount and conditions of payment, the commissioner of justice notes in writing the end of the simplified procedure.
The time limit for prescription of the claim starts to run again.
The creditor may bring the matter before the court to obtain an enforceable title.
The Commissioner of Justice collects fees for the proceedings and recovery costs.
Cost of Small Claims Recovery Procedure
Every costs shall be borne by the creditor :
- Filing of the file with the Commissioner of Justice: €14.92TTC: titleContent
- Issue the enforceable title by the commissioner of justice (in case of acceptance of the procedure by the debtor): €30.06TTC: titleContent.
Please note
The copy of the enforceable title shall be delivered to the debtor free of charge.
Collection costs
In case of voluntary payment by the debtor, the commissioner of justice also collects emoluments paid by the creditor.
This fee is calculated on the sums recovered may be flat-rate or proportional.
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Up to €188
Commissioner of Justice's emoluments: fee for €21.28
More than €188
Beyond €188 and up to €5,540, a fee proportional to the sums recovered is due.
Slice of plate | Empowerment of the Commissioner of Justice |
|---|---|
From €0 à €125 | 11.61% sums recovered |
From €125.01 à €610 | 10.64% sums recovered |
From €610.01 à €1,525 | 10.16% sums recovered |
From €1,525.01 à €5,000 | 3.87% sums recovered |
For example, for a claim of €200, the 1era slice of €125 is subject to the 11.61% and the second slice of €75 at the rate of 10.64%, which gives an emoluments of €22.49.
In case of forced execution, other rates apply. These fees are payable by the debtor.
Who can help me?
Find who can answer your questions in your region
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.
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The informants who answer you belong to the Department of Justice.
- House of Justice and Law
Establishment of a lawyer before the judicial tribunal
Order for payment procedure
Creditor and enforceable title
Simplified Small Claims Recovery Procedure
Simplified Small Claims Recovery Procedure
Rates for the collection of small claims by a commissioner of justice
Provisions applicable in local law (Bas-Rhin, Haut-Rhin and Moselle)
Formulaire
Online service
Online service
Service Public
National Institute of Consumer Affairs (INC)
National Institute of Consumer Affairs (INC)