Judicial recovery: order for payment in France and Europe

Verified 01 September 2026 - Entreprendre Public Service / Directorate of Legal and Administrative Information (Prime Minister)

A company must react quickly to obtain payment of its outstanding payments. In the event of failure of amicable recovery (reminder by telephone, formal notice), it can file an order for payment before the court (commercial or judicial). When the debtor is domiciled in another State of theEuropean Union, (with the exception of Denmark), the European order for payment procedure may be used.

In France

The order for payment procedure can be used by the creditor to force a debtor to make payment of its debt or debts.

She can be hired, regardless of the amount of the claim, in one of the cases following:

  • The receivable comes from a contract. The amount of the debt must be recorded on the contract. For example, it is a purchase from a merchant, a loan, an unpaid invoice, a bank overdraft, an acknowledgement of debt, an unpaid rent, a bail.
  • The claim arises from a statutory obligation. These include, for example, debts due to social organizations, professional orders, or Urssaf contributions.
  • The claim arises from a deed of trade. It can be a bill of exchange, one promissory note, an assignment of professional debt .

Warning  

Bad checks are not affected by the order for payment. Indeed, there are specific recovery procedures.

The claim must not be prescribed. It must be certain, liquid and payable, i.e. it cannot reasonably be challenged by the debtor. It must have matured and its amount must be determined.

The creditor shall bring the matter before the commercial court or the court of justice of the place where the debtor is located:

  • The commercial court is competent in the following situations:
    • Where the creditor and the debtor are both traders. For example, the debtor did not pay an invoice for a sale of goods.
    • In a commercial lease, when the landlord makes a payment claim against the tenant.
    • Where the claim results from a commercial act (bill of exchange, Dailly slip).
  • The court of law is competent in other cases: where the debtor is an individual or is engaged in a liberal profession, for example.

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Application to the Commercial Court

An order for payment can be made either by filling out a paper form or by using an online service.

By paper form

The creditor must use the Cerfa form n° 12946

Application for an order for payment to the President of the Commercial Court

The application must be accompanied by the documents justifying the existence of the claim. These include, for example:

  • Purchase order and/or contract
  • Copy of unpaid invoice
  • Letter from formal notice to pay
  • Bill of exchange

The creditor must send or file his application (application) to the registry of the commercial court of the place of registered office of the debtor :

Who shall I contact

Please note

In Alsace-Moselle, it's commercial chamber of the judicial tribunal which is competent.

Before the commercial court, the creditor must pay a court fee in the amount of €33.47.

Online

The Digital Court allows to seize commercial courts in a dematerialized way. It can be used to transmit a request for an order for payment.

Digital Court

The documents justifying the existence of the claim must be attached. For example, this is one of the following documents:

  • Purchase order and/or contract
  • Unpaid invoice copy
  • Letter from formal notice to pay
  • Bill of exchange accepted and unpaid income

Application to the court

The creditor must use the Cerfa form n° 12948:

Application for an order for payment before the President of the Judicial Tribunal

The application (or application) for an order for payment must be accompanied by the supporting documents.

These include, for example:

  • Purchase order and/or contract
  • Unpaid invoice copy
  • Letter from formal notice to pay
  • Bill of exchange accepted and unpaid income

The application for an order for payment must be sent or filed at the registry of the court of the place of the registered office or domicile of the debtor.

FYI  

There is no cost of court filing.

Please note

The use of a lawyer is not mandatory. However, the creditor may decide to instruct a lawyer, a commissioner of justice (former bailiff) or an agent to file the application.

There's no no hearing before the court and the procedure is not contradictory, that is to say, the judge makes a decision based on the product items by the creditor, without hearing the debtor's arguments.

The President of the Court examines the documents submitted to assess whether the application is justified (in whole or in part) or whether it must be rejected.

When the judge receives the application for an order for payment, he has 3 possibilities:

  • Reject the application. The creditor has no recourse. He cannot appeal, but he can initiate a judicial procedure of summons in payment.
  • Accept the request. The judge issues an order for payment. The Registry shall provide the creditor with a certified copy of the application and a copy of the order for payment containing the enforceable formula.
  • Consider the request to be partially well founded. The judge then issues an order for payment for only part of the amount requested. For example, a creditor sought an order for payment of up to €7,000 but makes a prescription to the tune of €4,000. The creditor may then:
    • or waive the order for payment procedure. It may decide to initiate a conventional judicial procedure.
    • or continue to enforce the order but without being able to initiate any other procedure to recover the €3,000 remaining

For the order to be enforced, the creditor must do so signify by a commissioner of justice.

The service must be made in a 3 months delay from the date of the order. If the order is not served within that period, it lapses (i.e. it is set aside).

The document of service shall include the following information:

  • Summons to pay the amount of the amount indicated by the order, interest and court costs
  • Possibility for the debtor to contest the order within one month of service of the order. The debtor is warned that if he does not object, he will no longer be able to exercise any recourse.
  • Warning to the debtor that he can read the supporting documents provided by the creditor to the registry. The supporting documents provided by the creditor are also accessible via the Mespièces.fr platform. If these documents cannot be made available on the platform, they must be attached to the application at the time of service.

Mespieces.fr

If the creditor does not receive a notice of objection from the debtor within 2 months of service of the order for payment, the order becomes a enforceable title. The creditor may then pursue theforced execution (e.g. an entry).

FYI  

Service of the order for payment entails a court commissioner's fee which is paid by the creditor.

The debtor may challenge the order for payment. To do so, he must file an objection (by filling in a specific form) within 1 month of the meaning the order for payment.

If he objects, he does not have to comply with the order, that is to say to pay the amount claimed: it is said that the opposition is suspensive.

The objection must be made before the court which issued the order for payment: either the commercial court or the judicial court.

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Opposition before the Commercial Court

To file an objection, the following statement of objection form must be completed:

Statement of Objection to Order for Payment

All relevant documents must be attached (copy of the injunction order, copy of commissioner of justice etc.).

The order for payment objection form can then be submitted in one of the following ways:

  • either sent to the Registry of the Commercial Court by registered post with acknowledgement of receipt or lodged against receipt:
Who shall I contact
  • or transmitted via the Digital Tribunal. This allows to take legal action before the commercial court in a completely dematerialized way:

Digital Court

FYI  

The objection to the order may be made on free paper.

Objection before the court

In order to lodge the objection, the debtor must fill in a Cerfa form n° 15602 “objection to order for payment”:

Objection to an order for payment

The debtor must attach all relevant supporting documents (copy of the injunction order, copy of the act of the commissioner of justice, etc.)

The form is sent to the registry of the court that issued the order for payment in one of the following ways:

  • or sent by registered mail with acknowledgement of receipt
  • or deposited at the Registry

The objection to the order may be made on free paper.

FYI  

The Registry shall inform the creditor of the opposition lodged by the debtor within 1 month from its receipt.

Where the debtor has objected to the order for payment, the clerk shall summon the creditor and the debtor to the court hearing. The procedure becomes contradictory : the judge therefore hears the arguments of each of the parties, the debtor and the creditor. He examines the documents submitted to him and asks the questions he considers useful.

The creditor must be present at the hearing or be represented by counsel. The presence of the lawyer is not mandatory except when the dispute concerns an amount greater than €10,000.

The court then issues a judgment that replaces the order for payment.

FYI  

If neither party appears at the hearing, the proceeding is terminated and the order for payment lapses.

In Europe

The European Order for Payment (EOP) may be used to recover a claim where the dispute is cross-border on: head office or the professional domicile of the parties is established in a State ofEuropean Union (except Denmark).

The claim whose payment is claimed must fulfill all conditions following:

  • Receivable of money from a contract (e.g. contract for the sale of goods)
  • Claims in civil and commercial matters. The European order for payment cannot therefore be used in tax, customs or administrative matters.
  • Receivable certain, liquid and payable, i.e. it cannot reasonably be challenged by the debtor. It must have matured and its amount must be determined.
  • Receivable that is not prescribed.

FYI  

The European order for payment can be used whatever the amount of the claim.

The creditor must apply for a European order for payment by means of the Form A :

European order for payment

The amount of the claim, any interest and costs and contractual penalties must be specified. All supporting documents must be attached to the form (order form, invoice, letters exchanged between the parties...).

Form A must be sent to the court or competent authority. It is in principle the the place of the debtor’s registered office. Other criteria of jurisdiction may be applicable, for example the location of the business premises concerned by the claim.

The European Judicial Atlas provides a search tool to find the jurisdiction by state. It also indicates in what language draw up the application (official language of the executing Member State, unless it accepts another official language of the European Union).

European Judicial Atlas

To learn more about the European order for payment procedure, you can consult the page of the Registry of the Commercial Court of Paris:

European order for payment

Registry of the Commercial Court of Paris

Pour en savoir plus

The European order for payment shall take place exclusively in writing. There's no hearing. Representation by a lawyer is not mandatory.

Upon receipt of the request, the court or competent authority shall verify whether the conditions are fulfilled. It may then either accept, refuse the application or request additions:

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Acceptance of the request

If Form A is correctly completed and the claim is considered well founded, the court shall issue the European order for payment by means of the Form E.

The injunction shall be issued as soon as possible. In principle, this is a time limit of 30 days from the examination of the application.

The European order for payment is served or notified to the debtor in accordance with the rules of national law.

If the debtor does not opposition on time, it becomes enforceable.

On receipt of the European order for payment, the defendant may or pay to the claimant the amount of the claim (including interest and other costs), or oppose it within 30 days via the Form F.

Rejection of the application

The court may reject the claim where the claim is prescribed or not due (i.e. immediate payment cannot be requested).

The creditor shall be informed of the reasons for the rejection and shall receive a Form D.

There's no no recourse possible. The creditor may, however, new request European order for payment.

Correction and/or rectification of the application

If the information provided is insufficient or written in a foreign language, the court shall refer the Form B.

The application must be completed within a period determined by the court. If the deadline is exceeded, the request will be rejected.

A debtor who has received a European order for payment may either pay or lodge an objection. To do this, he must use the standard form (Form F) which is transmitted to it with the order for payment.

The debtor has 30 days from the notification or the meaning the European order for payment to lodge an opposition.

It may also lodge an objection by letter or by any other means accepted by the Member State of origin (e.g. by electronic means).

The objection shall be examined by the court which issued the European order for payment.

FYI  

The day of service shall not count towards the calculation of the time limit. If the end of the period falls on a public holiday, Saturday or Sunday, the period shall end on the expiry of the last hour of the business day next.

If there is no opposition filed within the 30 days from the notification or the meaning the European order for payment shall be declared enforceable.

For this, the court sends the Form G to the creditor.

The European order for payment can then be enforced directly in any EU country.