Interim payment proceedings: obtaining swift payment in court

Interim payment proceedings (référé-provision) are the fastest tool for converting a clear debt into actual payment. The president of the judicial court (civil matters) or commercial court (relationships between traders) may order the debtor to pay an interim amount immediately where the obligation is not subject to serious dispute (art. 835 and 873 of the French Code of Civil Procedure). These provisions are available on Legifrance and in the dedicated practical guide on entreprendre.service-public.gouv.fr.

1) Definition and legal framework

Interim payment proceedings are a rapid adversarial procedure in which the summary proceedings judge orders payment of a sum on account of the debt, without awaiting judgment on the merits. The key provision states that “where the existence of the obligation is not subject to serious dispute”, the judge may award an interim payment to the creditor (art. 835 CPC for the judicial court and art. 873 CPC for the commercial court, available through Legifrance). For a general-public presentation of summary proceedings, also see service-public.fr.

2) Conditions for obtaining payment

No serious dispute

The decisive condition is the absence of a serious dispute over the obligation's existence. The judge assesses the specific circumstances: the claim is dismissed or limited if the debtor presents precise, convincing evidence making the debt uncertain (serious performance defects, non-performance, set-off, contract nullity…). Conversely, vague, unsupported or late objections do not prevent an interim award. Official sources confirm this statutory basis for interim payment proceedings (art. 835 and 873 CPC on Legifrance; practical guide on entreprendre.service-public.gouv.fr).

A documented, quantified debt

An interim payment may be awarded even if the final amount has not been fully determined: it is then limited to the portion not subject to serious dispute. Build a strong evidentiary file: contract, purchase orders, acknowledgements, delivery/acceptance reports, invoices, statements, formal notices and written correspondence. Clear documentation reduces scope for dispute. General procedural guidance appears on service-public.fr.

Urgency: a common misunderstanding

Summary proceedings are a fast route, but urgency is not a separate condition for interim payment proceedings. The legislation primarily requires no serious dispute. This interpretation follows from Articles 835 and 873 CPC (see Legifrance), while public portals describe summary proceedings as an accelerated procedure (service-public.fr).

Court jurisdiction

• Judicial court (TJ) for civil debts.
• Commercial court (TC) for disputes between traders and companies.

Territorial jurisdiction generally follows the defendant's domicile or other statutory criteria. Official guides identify the competent courts (Entreprendre Service Public and justice.fr).

3) Step-by-step procedure

1. Prepare the file

• Signed contract or general terms, purchase orders, accepted quotes.
• Evidence of performance (delivery notes, acceptance reports, reports, emails).
• Invoices, statements, any penalties/credit notes, formal notice.
• Clear calculation of the amount not subject to serious dispute.

2. Bring summary proceedings

Proceedings begin with a summons served by a judicial commissioner. Representation by a lawyer is the rule before the judicial court and strongly recommended before the commercial court. The file and exhibit list are filed with the registry under local arrangements. For an accessible overview, consult service-public.fr and entreprendre.service-public.gouv.fr.

3. Summary hearing

Usual indicative timelines: a hearing within 2 to 6 weeks depending on the court. The hearing is brief; the judge checks for a serious dispute and may set the interim payment at the amount not subject to serious dispute.

4. Order and enforcement

• The summary order is provisionally enforceable: immediate enforcement by a judicial commissioner (seizure of accounts, receivables, etc.).
• An appeal is generally possible within 15 days of service, subject to statutory thresholds (no appeal below certain amounts); see appeal routes and deadlines on service-public.fr.
• Court costs and an award for otherwise unrecoverable legal expenses (art. 700 CPC) may be requested.

4) Evidence strategy and responses to the debtor's defences

Your strengths

• Evidence of order acceptance and receipt of services.
• Emails/invoices not disputed within a reasonable time.
• Reminders and formal notice that produced no result.
• No serious reservations raised on acceptance.

Common defences to anticipate

• Alleged non-conformity or non-performance: respond with acceptance reports, intervention tickets, photographs and technical correspondence.
• Set-off request: check whether the counterclaim is due and certain.
• Contract nullity/termination: rely on applicable clauses and the debtor's conduct.
• Disputed amount: propose an interim payment limited to the indisputable portion.

The judge may limit the award to the portion not subject to serious dispute, an option recognised in practice and consistent with the rationale of Articles 835/873 CPC (Legifrance).

5) After the order: recovery and coordination with other routes

• Immediate compulsory enforcement through a judicial commissioner: attachment of debts, seizure and sale, attachment of earnings… General information on justice.fr.
• Proceedings on the merits: these may continue to resolve the remaining dispute definitively.
• Payment order versus interim payment proceedings: a payment order is non-adversarial but less predictable if the debtor lodges opposition. Adversarial summary proceedings produce an immediately enforceable decision.
• Insolvency proceedings: if insolvency proceedings open, enforcement measures are generally stayed; adjust your strategy promptly.

For administrative disputes, a similar mechanism exists before the administrative judge (interim payment proceedings): see justice.fr — Administrative interim payment proceedings.

6) Cross-border transactions: points to watch

Where a debtor is located in another EU Member State, jurisdiction and enforcement may be assessed under Regulation (EU) No 1215/2012, known as “Brussels I bis”, which allows provisional or protective measures by a Member State's courts under its domestic rules (art. 35). Access the text on EUR-Lex. Enforcement abroad benefits from abolition of exequatur between Member States, subject to the Regulation's conditions.

7) Operational checklist

• Check that there is no serious dispute (consistent, dated evidence).
• Quantify the portion not subject to serious dispute (calculation table).
• Draft a clear, factual summons with a numbered exhibit list.
• Anticipate defences and address them in your submissions.
• Request the interim payment, court costs and an award under art. 700 CPC.
• Prepare enforcement (debtor's bank details, identified assets).

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Quick FAQ

Do interim payment proceedings require proof of urgency?

No: the decisive issue is the absence of a serious dispute over the obligation (art. 835 and 873 CPC on Legifrance).

Which court should you apply to?

The judicial court for civil debts; the commercial court for disputes between traders/companies. See official guides on entreprendre.service-public.gouv.fr and service-public.fr.

How long does obtaining an order take?

In practice, 1 to 3 months depending on the court. The order is provisionally enforceable and may be served immediately for enforcement.

Can you appeal?

Yes, generally within 15 days of service, subject to statutory thresholds (no appeal below certain amounts). References: service-public.fr.

What if part of the invoice is disputed?

Request an interim payment limited to the amount not subject to serious dispute; the balance can be determined on the merits.