Payment orders in 2026: fast debt recovery procedure

A central court-based recovery procedure, the payment order (injonction de payer) is simplified and accelerated by Decree no. 2026-96. Two key changes: a service deadline reduced from 6 to 3 months on pain of lapse, and the possibility of enforcement after 2 months from service if the debtor has not objected. These changes, detailed in the circular presenting Decree 2026-96, aim to accelerate cash collection while securing evidence of procedural steps.

For the procedure's fundamentals, see the official Service-Public factsheet and the Code of Civil Procedure (art. 1405 et seq.). Practitioner summaries confirm these changes and modernised enforcement methods (Village Justice ; Pouey).

When should you use a payment order?

Payment orders apply to certain, quantified and due debts arising from a contract (or, in some cases, a statutory obligation), under Articles 1405 et seq. CPC and the Service-Public factsheet.

• Typical examples: unpaid B2B invoices, rent, fees, quantified contractual penalties.
• Competent court: commercial court for disputes between traders/companies; Tribunal judiciaire in other cases (useful guidance on justice.fr).
• Common exclusions: tort/non-contractual claims, certain special matters.

What the 2026 reform changes (Decree no. 2026-96)

Service deadline reduced to 3 months

The payment order must be served by a judicial officer within 3 months of issue. Otherwise, it lapses. Source: official circular; practitioner analyses (Village Justice, Pouey).

Enforcement possible after 2 months without objection

From service, and in the absence of an objection notified by the debtor, enforcement is permitted after 2 months. Plan to request the enforcement formula from the registry once the periods expire. Source: circular of 16 February 2026.

Entry into force

These rules apply to orders issued from 1 September 2026 (transitional measure specified by the circular).

Modernising enforcement

The reform accompanies increased digitisation of exchanges with banks and streamlined attachments for more effective enforcement (see justice.fr and the Village Justice analysis).

Step-by-step procedure (2026 update)

1. Consolidate evidence of the debt: contract/terms of sale, invoices, delivery note, reminders and formal demand. Practical references: Entreprendre.Service‑Public.fr and Service-Public factsheet.
2. File the application with the competent court (TC/TJ), quantifying principal, interest and any contractual penalty clause. Legislation: CPC, art. 1405 et seq.
3. Obtain the order from the judge on the documents (timing varies by court: a few weeks in practice, depending on registry workload; see guidance on justice.fr).
4. Serve within 3 months through a judicial officer. Manage the assignment as soon as the order arrives. Source: 2026 circular.
5. Wait for the periods to expire: without a notified objection, enforcement is possible after 2 months from service (request the enforcement formula from the registry). Sources: circular ; Village Justice.
6. Enforce through your judicial officer: attachment of receivables, earnings attachment, seizure and sale… Modernised enforcement methods (see justice.fr).

Need end-to-end support? Explore AI and law resources or request a Discuss your firm's AI transformation. You can also read our litigation analyses, updated for the reform.

Points to watch to avoid incidental disputes

• Correct debtor address: check Kbis, registered office, domiciliation and service details.
• Timestamped evidence: retain the original order, the official record of service and any evidence of no objection within the relevant period.
• Interest calculation: specify rate (contractual/statutory), start date and compounding if provided.
• Data protection: process debtor data on a lawful basis (legitimate interests, contract performance), apply minimisation, information and security; see CNIL.
• Limitation: court proceedings interrupt limitation (see Legifrance). Anticipate deadlines to preserve rights.

Operational checklist (2026 reform)

• Confirm the conditions: certain, quantified, due debt arising from a contract.
• Prepare an evidential file: contract/terms of sale, invoices, proof of delivery, reminders, formal demand.
• File the application with the competent court (TC/TJ), with detailed calculations.
• On receipt of the order, immediately instruct a judicial officer.
• Serve within 3 months and record the date of service.
• At +2 months without objection (from service), request the enforcement formula, then initiate enforcement measures.
• Record all steps and retain all originals and acknowledgments.

Alternatives and special cases

• European order for payment for cross-border civil and commercial debts within the EU: framework and forms on EUR‑Lex.
• Interim payment order (référé-provision) where the debt is not seriously disputable but an adversarial hearing seems appropriate.
• Proceedings on the merits if you anticipate a reasoned objection or substantive defences.

Further reading

See our related guides: Formal demand: when and how to send it, SaaS terms of sale: payment and penalty clauses and Services agreement.

Quick FAQ