Formal notice to pay — chasing and recovering an unpaid invoice amicably
When a business finds that its customers are paying late, it must react quickly. It may first try to recover the unpaid amounts amicably, without starting court proceedings: this usually takes the form of a reminder and then, if that fails, a formal notice to pay (mise en demeure). Neither step IS COMPULSORY, and a reminder is not a prerequisite for sending a formal notice or a summons for payment before the court. A formal notice may be given in three ways: by a summons, an act of a commissioner of justice; by registered letter with acknowledgement of receipt containing SUFFICIENT NOTICE, that is drafted in terms clear and formal enough to qualify as a formal notice; or through the contract itself where it provides that the debtor is put on notice by the mere fact that payment has fallen due. Between businesses, late-payment penalties are due from the date on which payment should have been made, and the formal notice stops the interest that has been running since the default.
Up to date for 2026 — verified on September 12, 2026ActioFin templateGuide: about 15 min
Deadlines
- Consumer customer: payment on delivery
- Where the customer is a consumer, payment is generally due immediately, with no specific period granted. This is known as cash payment.
- Business customer: 30 to 60 days
- Where the customer is a business, the period varies between 30 and 60 days, its length depending on the seller's sector of activity. Only at the end of that period does payment fall due — and therefore only then can the claim be recovered amicably.
- Penalties run from the first day of delay
- In business-to-business relations, late-payment penalties are due from the date on which payment should have been made — for example the date shown on the invoice — and they are payable without any reminder being necessary.
- 1 month — the subcontractor's specific period
- A subcontractor may claim payment for their services directly from the project owner only where the main contractor fails to pay, one month after being put on formal notice.
Documents to prepare
- Unpaid invoice, stating the rate of late-payment penalties and the €40 fixed indemnity
- Evidence that payment has fallen due: expired deadline for a business customer (30 to 60 days depending on the sector), immediate liability for a consumer
- Record of reminders already sent, by telephone or in writing
- Contract or general terms, to check for a clause putting the debtor on notice by the mere falling due of payment
- Statement of late-payment penalties accrued since the date on which payment should have been made
- For a subcontractor: the formal notice sent to the main contractor AND the copy sent to the project owner
- Acknowledgement of receipt of the registered letter, or the summons served by the commissioner of justice
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MISE EN DEMEURE DE PAYER
Destinataire : …, ….
Expéditeur : … (SIRET …), …, représenté(e) par ….
Lettre recommandée avec accusé de réception.
Objet : mise en demeure de payer la facture … du …, échue le … et demeurée impayée.
Sommes dues
Principal restant dû au titre de la facture ……
Pénalités de retard au taux de … porté sur la facture, courues depuis la date à laquelle le paiement aurait dû être effectué…
Indemnité forfaitaire pour frais de recouvrement…
Total réclamé…
Mise en demeure
Je vous mets en demeure de payer la somme de … au plus tard le ….
Les pénalités de retard sont dues à partir de la date à laquelle le paiement aurait dû être effectué et sont exigibles sans qu'un rappel soit nécessaire ; l'indemnité forfaitaire pour frais de recouvrement est due par le client professionnel en cas de retard de paiement.
À défaut de paiement dans ce délai, le recouvrement de la créance sera poursuivi par toutes voies de droit, sans autre avertissement.
Si le paiement a été effectué entre l'envoi et la réception de la présente, la présente mise en demeure est sans objet et il n'en sera pas tenu compte.
Fait à …, le …
Signature
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Who this applies to
- Any business whose invoice has not been settled although its payment date has passed
- The creditor, who normally uses the formal notice — but also the DEBTOR, where the creditor refuses to accept the payment due or does everything possible to prevent them from paying
- The SUBCONTRACTOR, who MUST claim payment from the main contractor by a formal notice and send a copy of it to the project owner: only where the contractor fails to pay, one month after being put on notice, may they claim payment directly from the project owner
- Businesses whose claim is below €5,000, which may entrust amicable recovery to a commissioner of justice under the simplified procedure
- NOT a matter for amicable recovery: an unpaid amount arising from a DISPUTE between the business and its customer — a solution to the dispute must be found with the customer before any amicable recovery operation can be set up
Worked example
Example: Atelier Vasseur, €14,800 unpaid, a reminder with no effect then a formal notice
Atelier Vasseur, a six-person joinery business, delivered fitted units to a business customer on 4 May and invoiced €14,800 at 45 days. By 18 June the invoice is unpaid: the period having expired, payment has fallen due and the claim can be recovered amicably. The accounts department follows up by telephone and then in writing — a step that is not compulsory, but that businesses use almost systematically, and that works where the non-payment is down to an oversight or a temporary difficulty. The manager also warns the sales department, to avoid new orders being taken or specific payment terms being granted while the reminder is under way. By the end of June, still nothing. Stacking up reminders serves no purpose: it is time for the formal notice. The manager chooses a registered letter with acknowledgement of receipt, making sure it carries sufficient notice — terms clear and formal enough to qualify as a formal notice, not a polite chase. Late-payment penalties have been running since 18 June, the date on which payment should have been made, and are payable without a reminder; the €40 fixed indemnity for recovery costs is owed by the business customer in case of late payment. The formal notice stops the interest that had been running since the default. If it produces no effect, judicial recovery remains: an order for payment, an interim payment application, or a summons for payment.
How to fill it in, step by step
- First check that the claim has FALLEN DUE: the payment date must have passed and the amount must be unpaid. For a consumer customer payment is generally due immediately; for a business customer, you must wait for the contractual period to expire, between 30 and 60 days depending on the seller's sector of activity.
- Rule out the case of a dispute: where the non-payment relates to a disagreement between the business and its customer, do not send a reminder — a solution to the dispute must be found with the customer before any amicable recovery operation can be set up.
- Follow up with the customer by telephone and/or in writing to remind them that their invoices are unpaid. This step is not compulsory, but it works where the non-payment is down to an oversight or a temporary difficulty.
- Warn your sales department during the reminder, to avoid new orders being taken or specific payment terms being requested.
- Do not stack up reminders: if the first does not work, there is no need for others, it is time to move to the formal notice.
- Choose the form of the formal notice: a summons by act of a commissioner of justice, a registered letter with acknowledgement of receipt containing sufficient notice, or the contractual clause providing that the debtor is put on notice by the mere fact that payment has fallen due.
- Draft the letter in terms clear and formal enough to qualify as a formal notice: sufficient notice is what distinguishes a formal notice from a mere chaser.
- Set out the late-payment penalties, due from the date on which payment should have been made and payable without a reminder, together with the €40 fixed indemnity for recovery costs, owed by a business customer in case of late payment.
- If you are a subcontractor, send the formal notice to the main contractor AND a copy to the project owner: that is the condition for being able, one month later and absent payment, to claim payment directly from the project owner.
- For a claim below €5,000, consider entrusting amicable recovery to a commissioner of justice under the simplified procedure, rather than a summons whose cost is not necessarily worthwhile at that level of claim.
- If amicable recovery fails, start judicial recovery: an order for payment by filing a case with the court, an interim payment application to obtain an advance after both parties are summoned to a hearing, or a summons for payment — the classic procedure, longer and more expensive.
The form, line by line
- Sufficient notice
- The quality that turns a letter into a formal notice: the registered letter with acknowledgement of receipt must be drafted in terms clear and formal enough to qualify as such.
- Summons to pay
- An act of a commissioner of justice — formerly a bailiff — by which the debtor is summoned to pay a given sum. Very effective through its psychological impact, but it has a cost, which makes it of little interest on a small claim.
- Formal notice through the contract
- Some contracts provide that the debtor is put on notice by the MERE FALLING DUE of payment: the payment periods have expired and payment must be made immediately, with no letter.
- Late-payment penalties
- Between businesses, they are due from the date on which payment should have been made, and are payable without any reminder being necessary. The invoice must state their rate.
- €40 fixed indemnity
- A fixed indemnity for recovery costs, owed by a business customer in case of late payment, which must be stated on the invoice.
- Copy to the project owner
- For subcontractors only: the formal notice sent to the main contractor must be copied to the project owner, failing which the direct action against them is not available one month later.
Good to know
- Neither the reminder nor the formal notice is compulsory: a reminder is not a prerequisite for sending a formal notice or a summons for payment before the court. A formal notice is compulsory only in specific cases, including that of the subcontractor.
- The formal notice is not reserved to the creditor: the debtor may use it where the creditor refuses to accept the payment due or does everything possible to prevent them from paying.
- The formal notice stops the interest that has been running since the default of payment — a legal effect of its own, distinct from its persuasive effect.
- For a claim below €5,000, the business may entrust amicable recovery to a commissioner of justice under the simplified procedure for the recovery of small claims.
- The business may also delegate recovery of its claims to a debt-collection company, but that has a cost.
- Invoices must state the rate of late-payment penalties and the €40 fixed indemnity for recovery costs: the conditions of recovery are prepared when the invoice is issued, not when it goes unpaid.
- Three judicial routes remain open after amicable recovery fails: the order for payment, where the business files a case with the court; the interim payment application, where the judge orders an advance after both parties are summoned to a hearing; and the summons for payment, the classic procedure, longer and more expensive.
Common mistakes
- Chasing a customer where the non-payment relates to a dispute: the dispute must be resolved first, amicable recovery does not settle a contested claim.
- Sending one reminder after another: if the first does not work, there is no need for others, it is time to move to the formal notice.
- Sending a letter that is too polite or ambiguous: without sufficient notice, the letter does not qualify as a formal notice and does not produce its effects.
- Waiting for the formal notice to start the penalties: between businesses they are due from the date on which payment should have been made and are payable without a reminder.
- Claiming payment from a business customer before the contractual period expires: payment falls due only at the end of that period, between 30 and 60 days depending on the seller's sector of activity.
- Having a summons served by a commissioner of justice for a small claim: its cost makes it of little interest at that level.
- Forgetting to alert the sales department during the reminder, and allowing new orders or specific payment terms for the defaulting customer.
- For a subcontractor, approaching the project owner directly without having put the main contractor on formal notice and without having copied that notice to the owner.
- Believing that a formal notice is a compulsory prerequisite to a summons for payment: it is so only in specific cases.
- Omitting from invoices the rate of late-payment penalties and the statement of the €40 fixed indemnity.
Frequently asked questions
Which claims can be recovered amicably?
Those whose payment date has passed and which the customer has not yet settled. Where the customer is a consumer, payment is generally due immediately — that is cash payment; where they are a business, the period varies between 30 and 60 days depending on the seller's sector of activity, and only at the end of that period does payment fall due.
Is a reminder compulsory before the formal notice?
No. A reminder is not a compulsory step, even though it is used almost systematically, and it is not a prerequisite for sending a formal notice or a summons for payment before the court.
In what form should a formal notice be given?
In three ways. By summons, an act of a commissioner of justice by which the debtor is summoned to pay a given sum — effective through its psychological impact, but costly for a small claim. By registered letter with acknowledgement of receipt containing sufficient notice, that is drafted in terms clear and formal enough to qualify as a formal notice. Or through the contract, where it provides that the debtor is put on notice by the mere fact that payment has fallen due.
What is the legal point of a formal notice?
In business-to-business relations, late-payment penalties are due from the date on which payment should have been made. The formal notice stops the interest that has been running since the default of payment.
Can an unpaid subcontractor approach the project owner?
Yes, but subject to a procedural condition. The subcontractor must claim payment from the main contractor by sending them a formal notice, and send the project owner a copy of that notice. They may claim payment for their services directly from the project owner only where the contractor fails to pay, one month after being put on notice.
What if the claim is small?
For small claims below €5,000, the business may entrust amicable recovery to a commissioner of justice under the simplified procedure for the recovery of small claims. It may also delegate recovery to a debt-collection company, but that has a cost.
What if amicable recovery fails?
The business may seek recovery of its unpaid amounts in court: the judge then orders the debtor to pay. Three routes exist: the order for payment, where the business files a case with the court to obtain an order requiring the debtor to pay; the interim payment application, where the judge orders payment of an advance, creditor and debtor being summoned to a hearing; and the summons for payment, the classic judicial procedure, longer and more expensive.
Go further
Understand this form: the related course
Related forms
- Compulsory particulars on a business-to-business invoice
- Referring the French business ombudsman — dispute with a customer or supplier
- Declaring your claim when a customer is in insolvency proceedings
- Recovering a claim below €5,000 — the simplified procedure by commissioner of justice
- Application for an order for payment — cerfa 12946 or 12948, and the European version
Official sources
- entreprendre.service-public.gouv.fr — Recouvrement amiable : relance et mise en demeure de payer (verified 27 November 2024, Entreprendre Service Public / Direction de l'information légale et administrative): claims concerned and the condition that payment has fallen due, cash payment for a consumer customer and a 30 to 60 day period depending on the seller's sector of activity for a business customer; the non-compulsory nature of the reminder and the formal notice, and the absence of any compulsory prerequisite before a summons for payment; the pointlessness of a reminder in case of dispute, which must be resolved first; the value of alerting the sales department during the reminder; the subcontractor's specific obligation to put the main contractor on formal notice with a copy to the project owner and the one-month period before direct action; three forms of formal notice — summons by a commissioner of justice, registered letter with sufficient notice, contractual clause on falling due —; the debtor's right to use it where the creditor refuses payment; late-payment penalties due from the date on which payment should have been made and the effect of the formal notice on accrued interest; reference to the simplified recovery procedure for claims below €5,000 and to the paid use of a debt-collection company; three judicial recovery routes (order for payment, interim payment application, summons for payment); reference to the Civil Code, articles 1344 to 1345-3 — September 12, 2026
- entreprendre.service-public.gouv.fr — Facturation entre professionnels (invoicing rules, read on 12 September 2026): compulsory statement of the rate of late-payment penalties, payable on non-payment at the settlement date without any reminder being necessary, and compulsory statement of the €40 fixed indemnity for recovery costs, owed by a business customer in case of late payment; obligation to keep invoices for 10 years (Commercial Code, article L123-22) and reference to the invoicing obligations of article L441-9 — September 12, 2026
Guide and document provided for information purposes only; they do not constitute personalised legal or tax advice. Check the recipient organisation's requirements and consult a professional if needed.