French Friendly Payment Reminder Letter (Unpaid Invoice)
Amicable reminder letter for an unpaid client invoice, sent before formal notice, preserving the business relationship while evidencing collection effort.
Is a friendly reminder legally required before serving a formal notice (mise en demeure)?
No. Under French commercial law, late payment penalties and the EUR 40 flat-rate recovery fee are owed by right from the first day of delay — no prior reminder is needed (Art. L441-10). In practice, one or two dated friendly reminders are strongly advisable: they demonstrate your diligence and are often a prerequisite for a court to accept an injonction de payer (court order for payment). The friendly reminder preserves the relationship; the formal mise en demeure sent by registered post marks the start of legal proceedings.
Source: Legifrance — Article L441-10 du Code de commerce (payment deadlines, late payment penalties and flat-rate recovery indemnity owed by right) · updated 2026
About this form
A lettre de relance amiable (friendly payment reminder letter) is the first formal written step taken when a B2B client has not settled an invoice by its due date. It restates the invoice reference, outstanding amount, and missed due date, then asks the debtor to pay within a short new deadline — typically 8 days. Between businesses, it preserves the commercial relationship while building a dated paper trail that demonstrates your diligence. French courts routinely expect to see such evidence before accepting an injonction de payer (court order for payment). Under French commercial law (Code de commerce), late payment penalties and the EUR 40 flat-rate recovery indemnity (indemnite forfaitaire de recouvrement) are automatically owed from the very first day of delay — no reminder letter is required to trigger them (Art. L441-10). The friendly reminder does not start the legal clock; it records that you tried.
Worked example
SARL Atelier Boismat, a joinery (menuiserie) company, invoiced a B2B client EUR 4,800 TTC, with payment due on 31 May 2026. The invoice remained unpaid. On 12 June, Atelier Boismat sent a friendly reminder by email citing invoice no. 2026-0142, the outstanding amount, and the missed due date, and requesting payment within 8 days. The letter noted that, in the absence of payment, late payment penalties (ECB rate + 10 percentage points if no contractual rate applies, or the CGV rate if it exceeds three times the statutory rate) and the EUR 40 flat-rate indemnity would apply automatically under Art. L441-10. This dated, retained email provided the foundation for a formal mise en demeure and, ultimately, an injonction de payer had the silence continued.
How to fill out the form
- Identify the exact debt: invoice number, issue date, missed due date, and the total outstanding amount including VAT (TTC — toutes taxes comprises, meaning the all-tax-inclusive figure shown on your invoice).
- Draft a polite letter restating these details, noting that payment has not been received, and inviting the client to settle within a short new deadline — for example, 8 days.
- State — for B2B transactions — that late payment penalties and the EUR 40 flat-rate recovery indemnity are owed automatically if payment is not made (Art. L441-10, Code de commerce).
- Date and sign the letter, attach a copy of the unpaid invoice if helpful, and send it by a traceable method such as a timestamped email or standard post with a delivery record.
- Retain the letter and proof of dispatch: if payment is still not received, these documents justify escalating to a formal mise en demeure and subsequently to an injonction de payer (court order for payment).
Good to know
- Keep the tone friendly at this stage. Late payment penalties run automatically from the day after the invoice due date under Art. L441-10 — the reminder does not trigger them; it documents your diligence. Only the mise en demeure (registered post with AR) marks the formal start of legal proceedings.
- The EUR 40 flat fee applies per unpaid invoice, not per debtor. Three overdue invoices entitle you to 3 x EUR 40 = EUR 120 (Art. D441-5). If actual recovery costs exceed EUR 40 per invoice, you can claim the excess on supporting evidence.
- Before invoking penalties, confirm that your CGV (general terms and conditions) and your invoices already carry the mandatory late-payment clause: it is a required mention that lets you invoke them without dispute (Art. L441-10).
Frequently asked questions
Is a friendly reminder legally required before serving a formal notice (mise en demeure)?
No. Under French commercial law, late payment penalties and the EUR 40 flat-rate recovery fee are owed by right from the first day of delay — no prior reminder is needed (Art. L441-10). In practice, one or two dated friendly reminders are strongly advisable: they demonstrate your diligence and are often a prerequisite for a court to accept an injonction de payer (court order for payment). The friendly reminder preserves the relationship; the formal mise en demeure sent by registered post marks the start of legal proceedings.
What late payment penalties can I claim in 2026?
If your general terms and conditions (conditions generales de vente, CGV) set a rate, it must be at least three times the statutory interest rate (Art. L441-10 II). If no rate is agreed contractually, the default rate is the European Central Bank (ECB) refinancing rate in force on 1 January of the year, plus 10 percentage points. Penalties run automatically from the day after the invoice due date — no advance notice or reminder is required to trigger them.
Is the EUR 40 flat-rate recovery fee on top of late payment penalties?
Yes. The EUR 40 indemnite forfaitaire de recouvrement (flat-rate recovery fee, Art. D441-5) is added on top of any late payment penalties. It applies per unpaid invoice. If your actual recovery costs exceed EUR 40, you may claim the excess on production of supporting documents (Art. L441-10 II).
What payment deadlines apply under French commercial law?
If no deadline is agreed, payment falls due 30 days after delivery of goods or completion of services. In negotiated B2B contracts, the deadline may not exceed 60 days from the invoice date — or 45 days end of month if expressly stipulated in the contract.
What if the friendly reminder is ignored?
Send a formal mise en demeure (statutory default notice) by lettre recommandee avec accuse de reception (registered post with signed acknowledgement of receipt). This marks the formal start of debt recovery proceedings. If the debt is under EUR 5,000, you can also use the procedure simplifiee de recouvrement des petites creances (simplified small-claims recovery procedure) administered by a commissaire de justice (court-appointed bailiff).
Does the reminder need to be sent by registered post?
No. A simple email or standard letter is sufficient for a first friendly reminder — it is less confrontational and helps preserve the business relationship. Keep a dated record such as an email read receipt or timestamped copy. Registered post with acknowledgement of receipt becomes essential at the mise en demeure stage, where you need irrefutable proof of delivery to support any subsequent legal action.
Official sources
- Legifrance — Article L441-10 du Code de commerce (payment deadlines, late payment penalties and flat-rate recovery indemnity owed by right) — 2026-06-27
- Legifrance — Article D441-5 du Code de commerce (flat-rate recovery indemnity fixed at EUR 40) — 2026-06-27
- Service-Public.fr — Payment deadlines between businesses: rules, penalty calculation and remedies — 2026-06-27
Updated on 2026-06-27
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