--- title: "The Order for Payment Procedure in France" canonical: https://www.billabex.com/en/blog/the-order-for-payment-procedure-in-france/ lang: en alternate: https://www.billabex.com/fr/blog/la-procedure-d-injonction-de-payer.md updated: 2026-09-09 index: https://www.billabex.com/llms.txt --- # The Order for Payment Procedure in France The order for payment is a valuable legal procedure for businesses and professionals who want to recover unpaid debts quickly and without engaging in lengthy and costly litigation. This method, while seemingly simple, requires a clear understanding of legal obligations and procedures to maximize the chances of success. Don’t miss our [comprehensive guide on following up on unpaid invoices](https://www.billabex.com/en/blog/accounts-receivable-management/) and our [Legal Framework for Unpaid Invoices in France](https://www.billabex.com/en/blog/legal-framework-for-unpaid-invoices-in-france/). ## What is an order for payment? An order for payment is a simplified judicial procedure, primarily used for the recovery of uncontested civil or commercial debts. It allows a creditor to request payment of a debt without having to engage in a traditional, lengthy, and costly judicial process. It is mainly intended for creditors who have a definite, liquid, and payable debt. According to Article 1405 of the Code of Civil Procedure, an order for payment can be requested for any debt resulting from a contract or statutory obligation. This includes, for example, unpaid invoices, unpaid rent, or any other documented and uncontested debt by the debtor. Excerpt from Article 1405 of the Code of Civil Procedure: > The recovery of a debt may be requested through the order for payment procedure when: > > 1° The debt has a contractual cause or results from a statutory obligation and amounts to a specified sum; in contractual matters, the determination is made according to the contract stipulations, including, if applicable, the penalty clause; > > 2° The commitment results from the acceptance or drawing of a bill of exchange, the signing of a promissory note, the endorsement or guarantee of one of these instruments, or the acceptance of an assignment of receivables in accordance with Law No. 81-1 of January 2, 1981, facilitating credit for businesses. ## The advantages of the order for payment procedure An order for payment offers several advantages for creditors: 1. **Speed**: Compared to traditional judicial procedures, an order for payment is fast. Decision times depend on the court; no collection deadline is guaranteed. 2. **Reduced Cost**: The procedural costs are generally lower than those of a traditional trial. It is not necessary to attend a hearing unless contested by the debtor. 3. **Simplicity**: The procedure is mainly written, which simplifies the creditor's task as there is no need to prepare pleadings. 4. **Efficiency**: If the debtor does not contest, the creditor can obtain an enforceable title, allowing for the use of enforced collection measures. ## The cost of an order for payment procedure Old indicative amounts should not be used as a quotation. The [official Service Public guide](https://entreprendre.service-public.gouv.fr/vosdroits/F38156) lists applicable registry fees. Add service and enforcement officer costs, any legal advice and costs arising from opposition. Obtain a case-specific estimate before proceeding. ## The steps of the order for payment procedure ### 1. Preparing the File To initiate an order for payment procedure, the creditor must prepare a solid file that includes: - **A Request**: This request must be drafted using form the current court-specific form, available on the public service website. - **Supporting Documents**: It is essential to attach to the request all documents proving the existence and amount of the debt. This may include invoices, estimates or signed purchase orders, email exchanges, contracts, etc. ### 2. Filing the Request The request must be filed with the competent court. In France, this is generally the commercial court for commercial debts or the judicial court for civil debts. The choice of court also depends on the amount of the debt and the debtor's domicile. ### 3. Judge's Decision Once the request is filed, the judge examines the documents provided. If the request is deemed justified, the judge issues an order for payment. The debtor is then informed of this decision by a bailiff. ### 4. Possible Opposition from the Debtor The debtor has one month to oppose the order for payment. In case of opposition, the case is brought before the court to be judged according to the traditional procedure. Enforcement must follow the conditions and deadlines below; silence is not a received payment. ### 5. Execution of the Order for Payment If the debtor does not contest the order, the creditor can request enforced execution. This may include seizures of the debtor's bank accounts, seizures of movable property, etc. An **enforceable title** is a legal act that allows a creditor to resort to enforcement procedures to obtain payment of a debt when the debtor does not voluntarily fulfill the obligation. It serves as legal proof of the debt's existence and authorizes the creditor to engage in coercive collection measures, such as seizing the debtor's assets. **Characteristics of an Enforceable Title** - **Enforceable Nature**: An enforceable title grants the creditor the right to proceed with enforced execution, meaning they can request a bailiff to take measures to recover the debt. - **Legal Validity**: To be valid, the title must be issued by a competent authority, such as a judge, or originate from a notarized act. - **Validity Period**: In France, an enforceable title is valid for ten years from its issuance. After this period, the creditor can no longer initiate enforcement procedures based on this title unless the prescription is interrupted. **Enforcement Procedures** Once the creditor has an enforceable title, they can engage in various procedures to recover the debt: - **Bank Seizure**: Freeze funds in the debtor's bank accounts. - **Seizure of Movable Property**: Seize and sell the debtor's movable property. - **Real Estate Seizure**: Initiate a forced sale procedure of real estate owned by the debtor. - **Wage Garnishment**: Request garnishment of the debtor's salary. These measures are implemented by a bailiff, and their success depends on the debtor's financial situation and assets. ## Orders issued from 1 September 2026 The order must be served within **three months**. If no opposition notice or request to deposit opposition costs is received, it becomes an enforceable title **two months after service**. A certificate of non-opposition no longer needs to be requested. These changes apply to orders issued from 1 September 2026, not earlier decisions. [Service Public reform announcement](https://entreprendre.service-public.gouv.fr/actualites/A19062), consulted on 9 September 2026. For filing, use form 12946 for the commercial court or 12948 for the judicial court, with the current version from the [official procedure guide](https://entreprendre.service-public.gouv.fr/vosdroits/F38156). ## Prepare a file another person can take over Group documents by invoice: contract or order, evidence of performance, invoice, partial payments and correspondence. Prepare a clear calculation separating principal from other amounts claimed. A screenshot of a spreadsheet total does not explain the underlying amounts. Keep a chronology and assign responsibility for follow-up. Record the decision date, service date and communications from the registry separately. Have the professional handling the case check its deadlines, particularly when service was not personal or opposition occurs. Billabex helps retain conversations and follow amicable reminders. The software is not itself a court decision and does not guarantee successful enforcement. To understand the stage preceding litigation, explore our [debt collection software](https://www.billabex.com/en/debt-collection-software/). ## The limits and precautions to take ### 1. Limits of the Procedure An order for payment is only applicable to uncontested debts. In case of contestation by the debtor, the traditional procedure applies, which can extend the recovery time. Furthermore, the procedure cannot be used for debts that are subject to expired limitation periods. ### 2. Precautions to Take It is crucial for the creditor to ensure that the debt is well-documented and that all supporting documents are provided. Poor preparation of the file can lead to the request's rejection. Additionally, the creditor must strictly adhere to legal deadlines to avoid prescription of the debt. ### 3. Ethical and Relational Considerations Although the procedure is legal, it is important for the creditor to maintain a professional relationship with the debtor. Clear communication and an attempt to reach an amicable settlement before resorting to an order for payment can often be beneficial and prevent future disputes. ## Practical cases and examples of application To illustrate the use of an order for payment, let's look at some practical examples: ### Example 1: An SME facing unpaid debt A small IT services company provided a service to a client but did not receive payment despite several reminders. After sending a formal notice that remained unanswered, the company decided to file a request for an order for payment with the commercial court. This is an illustrative example: a favourable order guarantees neither timing nor actual payment, which also depends on the debtor’s solvency. ### Example 2: A landlord dealing with a tenant behind on rent A landlord faces a tenant who has not paid rent for three months. After attempting to resolve the issue amicably, the landlord uses the order for payment to quickly obtain an enforceable title. This allows them to initiate a seizure procedure on the tenant's accounts while avoiding an immediate eviction procedure, which could have been more complex and confrontational. ## Common mistakes to avoid 1. **Underestimating the importance of supporting documents**: Failing to provide sufficient evidence can lead to the request's rejection. It is crucial to document each step and have solid proof of the debt. 2. **Ignoring the prescription**: Each debt is subject to a prescription period, after which it can no longer be recovered. Creditors must be vigilant about these deadlines to avoid unpleasant surprises. 3. **Poor communication with the debtor**: Before initiating an order for payment procedure, it is often helpful to attempt to resolve the dispute amicably. Effective communication can often eliminate the need for judicial procedures. 4. **Filing with the wrong court**: Filing the request with the wrong court can lead to delays and unnecessary complications. Ensure you properly identify the competent court based on the debt's nature and amount. 5. **Failing to follow the post-order procedure**: Obtaining an order is not enough. The creditor must ensure its execution by respecting deadlines and taking the necessary steps to effectively recover the debt.