Injunction for payment: a complete guide to recovering your unpaid debts

What should I do if my business partner does not pay me, despite reminders and promises? What should I do if my client does not pay my last bill even though the service was delivered to standard? What to do if the client does not respond despite countless emails and formal notices?

The immediate reaction is often to consult a lawyer to put pressure on bad payers. However, there is a quick and (almost) free solution: the request for an injunction to pay.

Full user manual.

1. What is a request for an injunction to pay?

Introduced in France by the legislative decree of 25 August 1937, the injunction to pay is a simplified, non-adversarial procedure for the recovery of certain monetary claims.

In principle, it allows for quickly obtaining an enforceable title.

Broadly speaking, anyone who claims an outstanding debt files an application before the judge who can then issue an injunction to pay against the debtor.

2. When can I get a request for an injunction to pay?

a. For what amount?

Historically, the injunction procedure was created for the recovery of small commercial claims.

Since Decree No. 72-790 of 28 August 1972, the legislator has admitted its use for the recovery of civil and commercial claims, regardless of their amount.

There is therefore no minimum or maximum amount of the claim at the origin of the injunction to pay procedure.

b. For what type of debt?

The debt to be recovered may be civil or commercial.

However, only claims arising from contracts or negotiable instruments may be the subject of this procedure. This includes contracts, including penal clauses, articles of association and commercial instruments (art. 1405 of the Code of Civil Procedure).

For example:

The guarantor who pays on behalf of the debtor, being subrogated in the rights of the main creditor, has recourse against the main debtor and can recover his debt via the injunction to pay procedure (Cass. Civ. 2^E, March 4, 2004, no. 02-13.278);

Contributions to professional orders, such as membership contributions to the National Council of the Order of Masseurs-Physiotherapists, can be recovered via the order for payment procedure as statutory claims (Cass. Civ. 1^st, November 16, 2016, no. 15-27.401);

Since the shipper, the carrier and the consignee are all parties to the contract of carriage, the carrier can use the order for payment procedure to obtain from the consignee the price agreed upon between the carrier and the shipper (Cass. Com., October 30, 2012, no. 11-22.917);

Under article 60 of Decree No. 67-223 of 17 March 1967, actions for the recovery of condominium fees may be subject to the payment order procedure (Cass. Civ. 3^rd, March 12, 2020, no. 19-10.800).

Finally, it should be noted that only certain, liquid and payable claims may be the subject of an order for payment procedure.

3. What court to go to to get an order for payment?

Territorially, the claim is brought before the court where the debtor or one of the debtors being sued resides (art. 1406 of the Code of Civil Procedure).

The only exception, in case of unpaid condominium fees, the competent court is that of the place where the building is located.

Regarding subject-matter jurisdiction, the rules of common jurisdiction apply (provided for in the Code of Judicial Organization and the Commercial Code):

If the debt to be recovered is of a civil nature and arises from unpaid rents or charges under a residential lease or consumer credit, the Protection Litigation Judge will have jurisdiction;

If the debt to be recovered is of a commercial nature and the dispute is between two traders, the President of the Commercial Court (Economic Activities Tribunal) will have jurisdiction;

For any other type of debt and in particular if the debt to be recovered arises from condominium fees, the President of the Judicial Court will have jurisdiction.

4. Where and how do I file an application for an order for payment?

In general, we recommend that litigants who wish to proceed without legal counsel consult and adhere to the information and forms made available by the government at the following addresses:

To refer the matter to the Protection Disputes Judge, there ;

To refer the matter to the President of the Commercial Court, hither ;

To refer the matter to the President of the Judicial Court, thither.

Commercial courts have even set up online procedures that you can find hither.

For the most daring who would like to act without a net, the rules are detailed in articles 54, 57, 756 to 759 and 1407 of the Code of Civil Procedure.

5. Do you need a lawyer to file an application for an order for payment?

No At the stage of filing the application, regardless of the amount claimed and regardless of the subject matter, it is not necessary to have recourse to a lawyer.

Thus, the creditor can file his request alone or be assisted by any agent, lawyer, court commissioner (ex-bailiff) or even debt collection company (CA Versailles, September 5, 2002, September 5, 2002, no. 00/02303).

On the other hand, the rules change in the event of opposition to the order granting the application.

6. What documents should I attach to an application for an order for payment?

The rule: provide all the documents proving the existence, amount and exigibility of the debt. In practice, the following are generally attached:

The contract, the general conditions or the exchanges demonstrating the agreement (accepted quote, order form, validation emails);

Detailed and expired invoices;

Proofs of performance of the service or delivery (delivery notes, delivery notes, reports, photographs, receipt reports, etc.);

Demands and reminders (registered letters, emails, receipts, sometimes SMS) attesting to the claim for payment;

Where applicable, details regarding late payment interest, whether contractually agreed or legally mandated, to enable the judge to calculate them.

An accurate and complete file facilitates the judge's review and increases the likelihood of a swift, favorable ruling.

7. What are the deadlines for receiving a response to the request?

The payment order procedure is not adversarial : it takes place without a hearing. The judge bases their decision solely on the information provided in your file.

Timelines vary significantly depending on the courts, their workload, and the quality of the submitted case. In practice, it often takes a few weeks to several months between the filing of the application and the judge's decision.

8. What are the possible responses to the request?

Two options:

The judge issues a payment order if they deem the request justified. This acceptance may be total or partial;

The judge rejects the request if they consider it unjustified or if the claim appears questionable.

If the judge rejects the request, the creditor has no recourse, cannot appeal, and must pursue other avenues to recover the debt (Art. 1409 of the Code of Civil Procedure).

If the judge issues a payment order, the creditor has a specific period to have it served, making it enforceable against the debtor (Art. 1411 of the Code of Civil Procedure).

This deadline was set at 6 months from the date the order was issued. As of February 2026, this deadline will be 3 months (Decree No. 2026-96 of February 16, 2026).

9. And after the order is served on the debtor?

According to paragraph 1^Er under article 1416 of the Code of Civil Procedure, the debtor has one month, which period is suspensive of execution, after service to file an objection to the order.

However, it would be more true to say that the expiry of the period of one month allows the creditor to transform the order into an enforceable instrument.

Indeed, at the end of the^2ndparagraph of Article 1416 of the Code of Procedure, it is provided that:” if service has not been made to anyone, the opposition is admissible until the expiry of the period of one month following the first act served on the person or, failing that, following the first enforcement measure which has the effect of rendering all or part of the debtor's assets unavailable ”.

a. In case of opposition

In the event of an opposition, which is suspensive of execution, the adversarial procedure is reintroduced and the creditor will have to conduct a “classical” trial before the competent courts if he wishes to recover his claim.

The modalities in which the return to adversarial proceedings is organized are detailed in articles 1408 and 1415 of the Code of Civil Procedure.

b. In the absence of opposition

Once the time limit provided for in paragraph^1st of Article 1416 of the Code of Civil Procedure has expired and if the registry did not notify the creditor — by way of a notice of opposition or an invitation to register — that an opposition had been filed within two months following the service, then the creditor may continue with the forced execution (Arts. 1415, 1422 and 1425 of the Code of Civil Procedure).

This new two-month period was established by Decree No. 2026-96 of February 16, 2026: this thus establishes a mechanism of “Silence equals acceptance”, increasing legal certainty for creditors who no longer have to take additional steps to ensure that no objections have been filed on time.

The fact remains that the opposition is still possible according to the modalities of the^2nd paragraph of Article 1416 of the Code of Civil Procedure.

10. How much does a request for an order for payment cost?

The costs of registering a request for an order for payment are free before the Judicial Court and the Litigation and Protection Judge.

Before the Commercial Court, registering the request will cost 33.47 euros in 2026.

If your request is granted, you will have to arrange for the order to be served by a court commissioner whose rates are regulated. Excluding emergency and travel expenses, this rate is fixed at 25.79 euros in 2026.

Additional costs may be required if enforcement actions are necessary. These fees are detailed in articles A444-10 to A444-52 of the Commercial Code.

In any case, do not hesitate to contact a court commissioner who will guide you through the procedure.

NOTE: A procedure for the recovery of small claims, under 5,000 euros, was established by law no. 2015-990 of 6 August 2015 in article L. 125-1 of the Code of Civil Enforcement Procedures. Its effectiveness is sometimes debated by legal scholars and practitioners. Further details can be found. hither.

‍For uncontested commercial claims (i.e. those for which an invoice has been issued), a new out-of-court procedure was introduced by Law No. 2026-307 of 23 April 2026 (Articles L. 126-1 to L. 126-6 of the Code of Civil and Commercial Procedure): the judicial officer serves a payment order, and if the debtor fails to pay and does not contest the claim within one month, a record of non-contestation is drawn up and made enforceable by the registry of the Commercial Court.

In theory, this is an additional alternative to the order for payment. In practice, its effectiveness raises questions: if the debtor has not paid despite reminders, why would they pay on the order? And above all, they need only contest the order (without having to give reasons for their contestation) to bring the proceedings to an immediate halt and force the creditor to take the matter to court. A convenient way to buy time at little cost: there are no penalties for debtors acting in bad faith.

The Order for Payment Procedure: The Miracle Cure for Defaulting Debtors?