Amicable Recovery: Simplified Small Claims Recovery Procedure

Verified 16 October 2026 - Entreprendre Service Public / (Prime Minister)

Small claims of less than €5,000 without going through a judge thanks to the simplified small claims recovery procedure. For this, the creditor applies to a commissioner of justice. The latter is responsible for obtaining an agreement with the debtor on the amount of the debt and its terms of payment. Procedural costs are paid by the creditor.

Where the amicable recovery of a debt due €5,000 maximum has failed (revival, formal notice), the simplified procedure for the recovery of small claims can be set up by a commissioner of justice.

At the request of the creditor, the Commissioner of Justice shall propose to the debtor to participate in the proceedings. If the creditor and the debtor reach an agreement on the terms of payment of the debt, the Commissioner of Justice shall issue a enforceable title.

Please note

The simplified procedure for the recovery of small claims does not concern trade receivables, i.e. those which have been the subject of invoicing between traders.

The simplified procedure for the recovery of small claims applies to claims which fulfill all conditions following:

  • The claim has for origin a contract (e.g. sales contract, lease contract, loan contract, insurance contract) or result from statutory obligation (debt due to social organizations, professional associations, pension funds or Urssaf contributions)
  • The claim is both:
    • « certain»: its existence cannot be disputed.
    • « liquid »: its amount is determined.
    • « due »: it has expired (payment periods must have expired)
  • The claim shall not exceed amount of €5,000 .

The simplified procedure for the recovery of small claims does not concern trade receivables, i.e. those which have been the subject of invoicing between traders.

Please note

Since 25 April 2026, a new simplified debt recovery procedure commercial by a commissioner of justice is set up. This procedure will be operational as from the publication of an order in council.

1Filing of a file by the creditor with a commissioner of justice

The creditor can go through the platform for recovering unpaid invoices (called Credicys) to file a case and contact a commissioner of justice.

Small Claims Processing Platform

To do this, the creditor must log in or register on the platform and then create an unpaid account. He must also sign the authorization of direct debit sent by email.

The creditor must provide the following information and documents:

  • Identity and contact details of the debtor
  • Proof of unpaid payment: 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...))

Once the file is validated, the procedure can begin.

Please note

The creditor may also apply directly to a commissioner of justice.

The competent commissioner of justice is the one within the jurisdiction of the court of appeal of the domicile of the debtor :

2Invitation of the debtor to participate in the recovery procedure

Once the file is validated by the Commissioner of Justice, the latter sends a registered letter with acknowledgement of receipt request or an email message to the debtor to invite him to participate in the proceedings. The letter or message shall state the following:

  • The identity of the creditor
  • The basis and amount of the claim
  • The different stages of the procedure.

A template letter is available:

Template letter inviting the debtor to participate in the simplified recovery procedure

3Debtor's response

From the date of dispatch, the debtor shall have delay of 1 month to accept or refuse the procedure.

  • When the debtor accepted the simplified procedure, he replied by post or by email message using the following form:

Model form for acceptance to participate in the simplified recovery procedure

The acceptance of the debtor noted by the Commissioner of Justice suspends the prescription of the claim. This means that the limitation period for the claim temporarily ceases to run during the simplified procedure.

  • When the debtor refuses To participate in the procedure, He can use the template letter inserted with the invitation letter or reply by any other means. THEno response within the period of 1 month is considered a refusal.

The Commissioner for Justice shall note in writing that end of the simplified procedure.

The limitation period for the claim that was suspended during the simplified procedure start running again from the date of the debtor's refusal as determined by the commissioner of justice.

The creditor may then apply to the court for payment of the claim. He has the choice between several procedures: the order for payment, the interim provision or the assignment in payment in court.

4Seeking an agreement between the debtor and the creditor

The Commissioner of Justice proposes a agreement the debtor on the amount to be paid and the terms of payment (cash payment, installment payment, etc.). A copy is given to the debtor free of charge.

  • When the creditor and the debtor accept the agreement proposed by the commissioner of justice, the latter issues a enforceable title. This title allows the creditor to directly initiate enforcement measures (such as a bank entry) without the intervention of a judge if the debtor does not respect his agreement.
  • When the creditor and the debtor fail to reach an agreement on the proposed amount and payment terms, the procedure ends. The limitation period for the claim that was suspended during the simplified procedure start running again from the date of the debtor's refusal as determined by the commissioner of justice. The creditor may then apply to the court for payment of the claim. He has the choice between several procedures: the order for payment, the interim provision or the assignment in payment in court.

The creditor pays the costs of the proceedings. They include the following costs:

  • Fees for filing the file to be paid to the Commissioner of Justice and amount to €14.92  TTC.
  • Issuance fees of the enforceable title by the commissioner of justice are €29.76 TTC. These are not due if the procedure fails.
  • When the debtor settles his debt, the commissioner of justice also collects emoluments from the sums received:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Up to €188

For a recovered claim of up to €188, the emoluments of the Commissioner of Justice shall be €21.28.

More than €188

For a debt recovered in an amount greater than €188, a fee commensurate with the amounts recovered shall be due.

Tableau - Small Claims Recovery Commissioner's emoluments

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.