Simplifying trade debt collection

A simplified procedure for the recovery of uncontested commercial debts has just been put in place. In a context where late and non-payment are among the main causes of economic difficulties for companies, this procedure aims to enable businesses to obtain payment of an unpaid invoice from a professional customer easily and quickly. It does not require legal action, but simply the intervention of a judicial officer and the clerk of the commercial court.

Under the existing framework, companies seeking to recover unpaid debts generally have to initiate legal proceedings, often through the order for payment process. Although this procedure is regarded as efficient and straightforward, most businesses refrain from taking action against their valued clients. Furthermore, the process is restricted to debts under €5,000, and obtaining an enforceable judgment may prove challenging if the debtor fails to respond. The creditor is also responsible for bearing all associated costs, which further complicates recovery efforts.

Only a few weeks to obtain an enforceable title

A more simplified recovery procedure has recently been implemented. Consequently, businesses may now use this new process – regardless of the amount involved – whenever they are seeking payment of undisputed, established, or ascertainable overdue trade receivables from other businesses.

In concrete terms, the company (i.e., the victim of an unpaid invoice) will be able to ask a judicial officer to send its debtor an order to pay this invoice. If the debtor fails to respond or does not pay the debt in full, and no earlier than eight days after the expiry of the one-month period following the sending of the order to pay, the judicial officer will draw up a report of non-contestation. This report will then be made enforceable by the clerk of the commercial court, after the clerk has verified the regularity of the procedure. Thus, in principle, within a few weeks, the creditor company will be issued an enforceable title, allowing it to be paid through the judicial officer.

Of course, if the debtor contests the debt within the prescribed period (one month from the sending of the order to pay) or objects to the report of the judicial officer, this procedure is terminated.

Note: The costs incurred in implementing this procedure are the sole responsibility of the debtor.

Law No. 2026-307 of 23 April 2026, Official Journal of 24 April 2026