My customer has not paid their invoice for 60 days: which procedure should I follow?

60 days after the invoice was issued, you have reached the statutory maximum for business-to-business payment periods in France. You can immediately apply late-payment penalties and the fixed €40 allowance, then start a fast order-for-payment procedure if necessary.

What the law says after 60 days of non-payment

In B2B, the agreed payment period cannot exceed 60 calendar days from the invoice issue date, or 45 days end of month if contractually agreed (art. L.441-10 of the Commercial Code). Without an agreement, payment is due within 30 days of receipt of goods or performance of services (Service-public Pro — Payment periods).

• Late-payment penalties: if your terms of sale/contract do not set a rate, the ECB policy rate (most recent refinancing operation) plus 10 percentage points applies (Service-public Pro — business guidance).
• Fixed recovery-cost allowance: €40 per unpaid invoice, automatically due for late payment between professionals (Service-public Pro — business guidance).
• Limitation: you generally have 5 years to bring proceedings from the due date (commercial claims) — act quickly to preserve evidence and recovery prospects (Légifrance — French legislation portal).

A practical action plan (Day+1 to Day+75)

1) Structured amicable reminders (Day+1 to Day+15)

• Follow up by email, then telephone, stating the invoice number, due date and VAT-inclusive amount.
• Propose a short-term solution (confirmation of transfer date, instalment schedule within a maximum of 30 days).
• Record every exchange (email copies, call notes) and check billing details.

Amicable recovery steps are recommended and strengthen your file if court action follows (Service-public Pro — Reminders and formal demands).

2) Formal demand by registered post (Day+15 to Day+30)

If payment is not made, send a formal demand (mise en demeure) by registered letter with acknowledgment of receipt (LRAR), setting a firm period of 8 to 15 days. Demand:

• The VAT-inclusive principal,
• Late-payment penalties calculated at the applicable rate,
• The fixed €40 allowance (and any justified additional costs).

Template (ready-to-copy extract):

Subject: Formal demand for payment — Invoice no. [X]
Dear Sir or Madam,
I hereby formally demand payment within 8 days of [amount] € including VAT for invoice no. [X], due on [date], plus late-payment penalties at [ECB+10 percentage points / contractual rate] and the automatically payable fixed €40 allowance. Failing payment, I will initiate an order-for-payment procedure without further notice.
Yours faithfully…

3) Demand for payment served by a judicial officer (optional)

You may appoint a judicial officer (commissaire de justice, formerly huissier) to serve an amicable demand for payment. This formal act increases pressure and prepares for compulsory enforcement if an enforceable instrument is subsequently obtained. Costs may be claimed if justified.

4) Order for payment (Day+30 to Day+75)

If payment is not received, apply to the competent court for an order for payment (injonction de payer): a fast, written procedure without a hearing where the claim is certain, fixed in amount and due. It is available before the commercial court (between traders) or the judicial court (other cases). Steps and forms are on Justice.fr — French justice portal.

• File: application, invoice, contract/terms of sale, proof of delivery/performance, reminders and formal demand, penalty calculation.
• Outcome: the judge may issue an order requiring payment. After service by a judicial officer, the debtor has a period (generally one month) to file an opposition. Without opposition, the order becomes an enforceable instrument and compulsory enforcement can begin.

If the claim is not seriously disputable and speed is needed, also consider an interim payment order (référé-provision) (inter partes hearing, rapid award of an enforceable interim payment).

5) Enforcement and subsequent steps

• Compulsory enforcement by a judicial officer: attachment of bank accounts, seizure and sale, etc.
• Debtor in difficulty: if collective proceedings arise (safeguard, judicial reorganisation, liquidation), file your claim within the time limits. See our guide to safeguard and judicial reorganisation proceedings.

Calculate your penalties and the €40 allowance

There are two situations:

• Your terms of sale/contract set a rate: it applies if it is not below 3 times the statutory interest rate (Service-public Pro — business guidance).
• The contract is silent: apply ECB + 10 percentage points (ECB policy rate at the most recent refinancing operation, plus 10 percentage points) (Service-public Pro — business guidance).

Formula (365-day basis): Penalties = VAT-inclusive amount × (Annual rate) × (Days late / 365). Add €40 per unpaid invoice as the fixed allowance (Service-public Pro — business guidance). Additional recovery costs may be claimed if justified and above the fixed allowance.

Example (illustrative): €5,000 including VAT, 60 days late, ECB+10 percentage points = 12%/year → Penalties ≈ 5,000 × 0.12 × (60/365) = €98.63 + €40 allowance.

For an overview of the steps and good practice, you can also consult this practical educational guide (Yousign — Unpaid invoices: procedure).

Jurisdiction, contractual clauses and deadlines

• Court jurisdiction: commercial court between traders, judicial court in other cases. Check any jurisdiction clause in your terms of sale/contract.
• Limitation: in B2B, actions relating to commercial obligations are generally time-barred after 5 years. Plan ahead and read our overview of commercial-law limitation periods.
• Settlements and ADR: if the commercial relationship is valuable, consider an amicable agreement or mediation/conciliation before substantial litigation (information link).
• Cross-border EU claims: the European order-for-payment procedure may be suitable. References on EUR‑Lex — EU law portal and practical steps on Justice.fr — French justice portal.

Quick checklist before acting

• Contract/terms of sale, invoice, delivery note/proof of performance, reminder correspondence, formal demand by registered post.
• Penalty calculation (contractual rate or ECB + 10 percentage points) and addition of €40.
• Check court jurisdiction and any jurisdiction clause.
• Debtor's solvency and any collective proceedings.
• Choose the route: prioritise an order for payment, or an interim payment order if the claim is not seriously disputable.

Common mistakes to avoid

• Waiting beyond 60 days without a formal demand.
• Forgetting to claim penalties and the €40 allowance.
• Misidentifying the competent court, leading to rejections/delays.
• Neglecting evidence of delivery or services (a key document for a payment order).
• Being time-barred because you failed to act in time.

Related resources to move quickly

For details of each procedural stage, see our dedicated guides: order-for-payment procedure and interim payment orders. To secure the preliminary stage, follow the method for an effective formal demand.

Legal references and sources

Key rules: C. com., art. L.441-10 (periods, penalties); practical guidance Service‑public Pro — Periods and penalties and Amicable debt recovery; procedures on Justice.fr — French justice portal. EU references: EUR‑Lex — EU law portal. Practical guide: Yousign — electronic signature provider.