Judicial recovery: order for payment in France and Europe

Verified 01 September 2026 - Entreprendre Service Public / (Prime Minister)

A company must react quickly to obtain payment of its outstanding payments. In case 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 the(UE), (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 pay his or her debt(s).

It can be engaged, 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. These include, for example, a purchase from a merchant, a loan, an unpaid invoice, a bank overdraft, an acknowledgement of debt, an unpaid rent, a bond.
  • The claim arises from a statutory obligation. These include, for example, debts owed to social organizations, professional orders, or Urssaf contributions.
  • The claim arises from a deed of trade. This can be a bill of exchange, one promissory note, an assignment of professional debt .

Bad checks are not covered 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 has to be matured and its amount has to be determined.

FYI  

In the event of unpaid or late payment, a company may resort to other procedures without going through the Commercial Court (or Economic Activities Court). These are the following:

  • The simplified recovery procedure for small claims less than €5,000
  • Since 25 April 2026, a new simplified procedure for the recovery of commercial claims has been put in place. It applies to all claims between traders that are not contested or challenged by the debtor, without any limitation of amount. This procedure will be operational as from the publication of an order in council.

To obtain an order for payment, the creditor must lodge an application for an order for payment with the court of the debtor’s place of domicile:

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

The procedure for file an application for an order for payment is different according to the competent court:

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Application to the commercial court (or economic activities)

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. Examples of such documents are:

  • 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 is commercial chamber of the court of justice which is competent.

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

Online

The Digital Tribunal allows to seize the commercial courts of 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. This is for example 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 revenue

Application to the court

The creditor must use the Cerfa form n° 12948:

Application for an order for payment before the President of the Court of Justice

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

Examples of such documents are:

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

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

FYI  

There are no court fees.

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 request.

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

The judge of the competent court shall examine the documents produced to assess whether the application for an order for payment appears to him to be well founded (in whole or in part), or whether he must reject it.

When it accepts the request, it makes a order for payment.

The judge may also:

  • Consider that the request is partially founded. The judge then issues an order for payment for only part of the amount requested. For example, a creditor requested an order for payment in the amount of €7,000 but makes a prescription up to €4,000. The creditor may then:
    • or waive the order for payment procedure. It may decide to initiate a standard judicial procedure.
    • or continue to enforce the order but without being able to initiate any further proceedings to recover the €3,000 remaining
  • Reject the application. The creditor has no recourse. He cannot appeal, but he can initiate legal proceedings topayment assignment.

Once the creditor has obtained an order for payment, it will delivered to a commissioner of justice. The latter then issues a act of meaning to the debtor. This service may be effected by electronic means if the debtor has given his consent.

Warning  

Since 1er September 2026, the creditor shall cause the order for payment to be served on the debtor in a 3 months delay. This period shall run from the date of the order. Previously, this period was 6 months. If the order is not served within the time limit, it lapses (i.e. is invalid).

The creditor must wait for a 2 months delay from service of the order to continue its forced execution.

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

The service shall include the following information:

  • Summons to pay the amount of the amount specified in 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 in the absence of opposition, he can no longer 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

The debtor may challenge the order for payment. For this, he must to object (by filling in a specific form) in a delay of 1 month from the meaning of the order.

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 opposition must be made before the court that issued the order for payment : either the commercial court or the judicial court.

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Opposition before the commercial court or economic activities

To object, you must fill in the form statement of opposition form next:

Statement of objection to order for payment

Please note

Objections to the order may be made on free paper.

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

The order for payment objection form may then be transmitted in one of the following ways:

  • Either sent to the registry of the commercial court or economic activities by registered mail with acknowledgement of receipt or deposited against receipt:
Who shall I contact
  • Either transmitted via the Digital Tribunal. This allows to take legal action before the commercial court in a completely dematerialized way:

Digital Court

At the request of the creditor, the registry of the commercial court informs the creditor of the existence of an opposition made by the debtor. This information is done by registered letter with {circumflex over (X)}.

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, service of the order, etc.)

The form shall be sent to the registry of the court which issued the order for payment in one of the following ways:

  • Either by registered mail with acknowledgement of receipt
  • Be filed with the Registry.

The debtor may object to the order on free paper.

FYI  

Since 1er September 2026, the registry of the judicial tribunal inform the creditor of the opposition the debtor within 1 month of its receipt. This information can be made by registered letter with {circumflex over (X)} or by electronic means. Previously, the creditor had to request a certificate of non-opposition from the registry to validate the absence of opposition to the order.

Where the debtor has opposes upon the order for payment, the registrar shall summon the creditor and the debtor to the hearing from the court.

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 a lawyer. The presence of the lawyer is not mandatory except when the dispute concerns a sum greater than €10,000.

The court then makes a judgment which 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 litigation is cross-border on: head office or the professional domicile of the parties is established in a State of the(UE) (except Denmark).

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

  • Receivable from a contract for a sum of money (e.g. contract for the sale of goods)
  • Claim 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 has to be matured and its amount has to be determined.
  • Receivable that is not prescribed.

FYI  

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

The creditor must apply for a European order for payment by means of 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. In principle, this is the the place of the debtor’s registered office. Other jurisdictional criteria 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 competent 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).

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 Tribunal des activités économiques de 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, or refuse the request, 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 time the application is examined.

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 request

If the information provided is insufficient or 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, it must use the standard form (Form F) which is forwarded 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 period of 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.