Recovering a claim below €5,000 — the simplified procedure by commissioner of justice
Where a customer has not paid a claim below €5,000, a simplified recovery procedure may be started. It is run by a COMMISSIONER OF JUSTICE and allows payment to be claimed within a shortened period of one month, without going before a judge. It is a PARTICIPATORY procedure: the debtor may accept or refuse to take part, and a failure to reply within the one-month period amounts to an implied refusal. If they accept, the commissioner of justice proposes an agreement on the amount to be paid and the payment arrangements; once that agreement is made, they issue an ENFORCEMENT ORDER, a copy of which is given to the debtor free of charge. If they refuse — expressly or by their silence — or if they disagree on the amount and the terms proposed, the procedure ends and the creditor may go before a judge: order for payment, interim payment application or summons for payment. The filing fee of €14.92 including tax is borne by the creditor; the €29.76 including tax fee for issuing the enforcement order is due only where the debtor accepts.
Up to date for 2026 — verified on September 12, 2026Official procedure, no printed formGuide: about 20 min
Deadlines
- 1 month for the debtor's reply
- The debtor must give their agreement within one month of the letter or message being sent. A failure to reply within that period amounts to an IMPLIED REFUSAL.
- After one month, the commissioner of justice records the outcome
- After a period of one month, the commissioner of justice records the agreement or refusal of the addressee of the letter or message.
- Under 2 months through the platform
- The national chamber of commissioners of justice has created a platform allowing an unpaid claim to be filed with its supporting documents: the case is then handled with a guaranteed reply in under 2 months.
- Suspension of the limitation period
- The limitation period for the recovery action is suspended from the debtor's agreement to take part in the procedure, as recorded by the commissioner of justice.
Documents to prepare
- Unpaid invoice and documents evidencing the claim
- Evidence that the claim is certain, liquidated and due: well-founded in principle, amount determined or determinable, due date passed
- Amount of the claim, to be checked against the €5,000 ceiling
- Nature of the claim: contractual (sale, lease, loan, insurance) or statutory (social security bodies, professional bodies, pension funds, Urssaf)
- Record of the amicable recovery already attempted: reminder, formal notice
- Identity and home address or registered office of the debtor, which determine the competent commissioner of justice
- Payment of the filing fee: €14.92 including tax
No form is attached to this procedure: the link leads to the official page that describes it.
What this page gives you
The guide above and the link to the official site. ActioFin does not produce any document for this page: whatever you fill in or file is done on the official medium.
Who this applies to
- A business whose claim below €5,000 has remained unpaid after ordinary amicable recovery — reminder, formal notice — has failed
- Claims with a CONTRACTUAL CAUSE, that is owed under the performance of a contract: sale, lease, loan or insurance contract
- Claims arising from a STATUTORY OBLIGATION: amounts owed to social security bodies, professional bodies, pension funds or in respect of Urssaf contributions
- The debtor, who is invited to take part and remains free to accept or refuse
- NOT covered: claims that are not certain, liquidated and due — the claim must be well-founded and justified in principle, its amount determined or determinable, and it must have fallen due
- NOT covered: claims above €5,000
Worked example
Example: a €200 claim and the breakdown of the €22.49 of fees
A business has a €200 claim that has remained unpaid despite a reminder and a formal notice. The amount being below €5,000 and the claim being certain, liquidated and due, the simplified procedure is available. It contacts a commissioner of justice with jurisdiction in the court of appeal district of the debtor's registered office, and pays the filing fee: €14.92 including tax, borne by the creditor. The commissioner of justice sends the debtor a registered letter with acknowledgement of receipt, or an electronic message, stating the amount of the claim, the identity of the creditor and the various stages of the procedure. The debtor has one month to reply, through the small claims platform or by post or electronic message. If they accept, the commissioner of justice proposes an agreement on the amount and the payment arrangements, then issues an enforcement order — the €29.76 including tax issuing fee is due only in that case. Where payment is made voluntarily, the commissioner of justice also receives fees deducted from the sums collected. For this €200 claim, the computation is by bands: the first band of €125 is subject to a rate of 11.61 % and the second band of €75 to 10.64 %, giving a fee of €22.49. Below €188 collected, a flat fee of €21.28 applies instead. Had the debtor refused, or failed to reply within the month — which amounts to an implied refusal —, the procedure would have ended and the business would have had to go before a judge.
How to fill it in, step by step
- Check that the amount of the claim does NOT exceed €5,000: above that, the simplified procedure is not available.
- Check the nature of the claim: it must have a contractual cause — performance of a sale, lease, loan or insurance contract — or arise from a statutory obligation, such as amounts owed to social security bodies, professional bodies, pension funds or in respect of Urssaf contributions.
- Check that the claim is certain, liquidated and due: well-founded and justified in principle, of a determined or determinable amount, and having fallen due.
- Exhaust ordinary amicable recovery first: the simplified procedure is used where the reminder and the formal notice have not worked.
- Contact a commissioner of justice with jurisdiction in the court of appeal district of the DEBTOR's home address or registered office — not your own.
- Pay the filing fee to the commissioner of justice: €14.92 including tax, borne by the creditor.
- Let the commissioner of justice send the debtor a registered letter with acknowledgement of receipt or an electronic message inviting them to take part, stating the amount of the claim, the identity of the creditor and the various stages of the procedure — a model letter is available.
- Count the one-month period from the SENDING of the letter or message, not from its receipt: a failure to reply within that period amounts to an implied refusal.
- If the debtor accepts, let the commissioner of justice propose an agreement on the amount to be paid and the payment arrangements; once that agreement is given, they issue an enforcement order, a copy of which is given to the debtor free of charge.
- In case of express or implied refusal, or of disagreement on the amount and terms proposed, go before a judge to obtain an enforcement order: order for payment, interim payment application or summons for payment before the court.
The form, line by line
- Certain, liquidated and due claim
- Three distinct conditions: the claim must be well-founded and justified in principle (certain), its amount determined or determinable (liquidated), and it must have fallen due.
- Court of appeal district of the debtor
- The commissioner of justice to instruct is the one with jurisdiction in the court of appeal district of the DEBTOR's home address or registered office.
- Letter inviting the debtor to take part
- Sent by the commissioner of justice by registered letter with acknowledgement of receipt or by electronic message. It must state the amount of the claim, the identity of the creditor and the various stages of the procedure.
- Implied refusal
- A failure by the debtor to reply within one month of the letter or message being sent amounts to a refusal. The commissioner of justice records it at the end of the month.
- Filing fee
- €14.92 including tax, borne by the creditor, due whatever the outcome.
- Fee for issuing the enforcement order
- €29.76 including tax, due where the debtor accepts the procedure. They are NOT due where the procedure fails.
- Fees on the sums collected
- Where payment is made voluntarily: a flat fee of €21.28 up to €188, and beyond that a proportional fee by bands — 11.61 % from 0 to €125, 10.64 % from €125.01 to €610, 10.16 % from €610.01 to €1,525, 3.87 % from €1,525.01 to €5,000.
Good to know
- The procedure allows payment to be claimed within a shortened period of one month, where court proceedings take longer — that is its main advantage on a small claim.
- It is a PARTICIPATORY procedure: the debtor cannot be compelled into it, and it is their agreement that allows the commissioner of justice to issue an enforcement order without a judge.
- The enforcement order is issued by the commissioner of justice themselves, and a copy is given to the debtor FREE OF CHARGE.
- The limitation period for the recovery action is suspended from the debtor's agreement as recorded by the commissioner of justice: starting the procedure therefore protects the time available to act.
- The national chamber of commissioners of justice has created a small claims platform allowing an unpaid claim to be filed with supporting documents such as the invoice, with a guaranteed reply in under 2 months.
- The debtor may give their agreement either through the small claims platform, or by post or electronic message using the model provided.
- Amounts owed in respect of Urssaf contributions or to a professional body fall within scope: the procedure is not limited to claims arising from a contract.
- A failed procedure costs only the filing fee: the fee for issuing the enforcement order is not due where the procedure fails.
Common mistakes
- Starting the procedure for a claim above €5,000: the ceiling is a condition of admissibility, not an indication.
- Instructing a commissioner of justice in the district of ONE'S OWN registered office: jurisdiction is determined by the court of appeal district of the debtor's home address or registered office.
- Counting the one-month period from receipt of the letter: it runs from its SENDING.
- Reading the debtor's silence as tacit agreement: a failure to reply within one month amounts to an implied refusal.
- Starting the procedure on a claim contested in principle: it must be certain, that is well-founded and justified in principle.
- Starting the procedure before the due date: the claim must be due, therefore matured.
- Believing the procedure unavailable for lack of a written contract: claims arising from a statutory obligation also fall within scope.
- Expecting the commissioner of justice to compel the debtor: the procedure is participatory, and the debtor remains free to refuse.
- Budgeting for the enforcement order fee from the filing: it is due only where the debtor accepts.
- Giving up after a refusal: the creditor may then go before a judge, by order for payment, interim payment application or summons for payment.
Frequently asked questions
What is the ceiling of the simplified procedure?
The claim must not exceed €5,000. Above that, judicial recovery is required.
Which claims are covered?
All claims with a contractual cause or arising from a statutory obligation. The former are those owed under the performance of a contract — sale, lease, loan, insurance; the latter mainly concern amounts owed to social security bodies, professional bodies, pension funds or in respect of Urssaf contributions. The claim must also be certain, liquidated and due.
How much does the procedure cost?
The filing fee payable to the commissioner of justice is borne by the creditor: €14.92 including tax. Where the debtor accepts the procedure, the fee for issuing the enforcement order is €29.76 including tax — it is not due where the procedure fails. Where payment is made voluntarily, the commissioner of justice also receives fees deducted from the sums collected: a flat fee of €21.28 up to €188, and beyond that a proportional fee by bands.
How are the fees on sums recovered computed?
By bands: 11.61 % of sums recovered from 0 to €125, 10.64 % from €125.01 to €610, 10.16 % from €610.01 to €1,525, and 3.87 % from €1,525.01 to €5,000. For example, on a €200 claim, the first band of €125 is subject to a rate of 11.61 % and the second band of €75 to 10.64 %, giving a fee of €22.49.
What happens if the debtor does not reply?
They must give their agreement within one month of the letter or message being sent. A failure to reply within that period amounts to an implied refusal. After a period of one month, the commissioner of justice records the agreement or refusal, and in case of express or implied refusal the creditor may go before a judge to obtain an enforcement order.
Who issues the enforcement order?
The commissioner of justice themselves, where the debtor has accepted the procedure and then agreed to the amount to be paid and the payment arrangements proposed to them. A copy of the order is given to the debtor free of charge.
Does starting the procedure protect the time available to act?
Yes. The limitation period for the recovery action is suspended from the debtor's agreement to take part in the procedure, as recorded by the commissioner of justice.
Is there a faster way to file the case?
The national chamber of commissioners of justice has created a small claims platform allowing an unpaid claim to be filed with its supporting documents, such as the invoice. The case is then handled with a guaranteed reply in under 2 months. That platform is also how the debtor may give their agreement.
Go further
Understand this form: the related course
Related forms
- Formal notice to pay — chasing and recovering an unpaid invoice amicably
- Compulsory particulars on a business-to-business invoice
- Referring the French business ombudsman — dispute with a customer or supplier
- Electronic invoicing — getting compliant, and the deadline already past
- Application for an order for payment — cerfa 12946 or 12948, and the European version
Official sources
- entreprendre.service-public.gouv.fr — Recouvrement amiable : procédure simplifiée de recouvrement de petites créances (verified 16 July 2024, Entreprendre Service Public / Direction de l'information légale et administrative): €5,000 ceiling, implementation by a commissioner of justice and shortened one-month period; claims with a contractual cause (sale, lease, loan, insurance) or arising from a statutory obligation (social security bodies, professional bodies, pension funds, Urssaf contributions); requirement of a certain, liquidated and due claim and the definition of each of those three characteristics; participatory nature of the procedure; jurisdiction of the commissioner of justice in the court of appeal district of the debtor's home address or registered office; registered letter with acknowledgement of receipt or electronic message of invitation, its compulsory particulars and the model available; one-month period from sending, implied refusal in the absence of a reply, recording by the commissioner of justice at the end of the month; platform of the national chamber of commissioners of justice and guaranteed reply in under 2 months; filing fee of €14.92 including tax borne by the creditor, enforcement order fee of €29.76 including tax due only on acceptance, fees on sums collected with a flat €21.28 up to €188 then a banded scale (11.61 % from 0 to €125, 10.64 % from €125.01 to €610, 10.16 % from €610.01 to €1,525, 3.87 % from €1,525.01 to €5,000) and the worked example of €22.49 on a €200 claim; proposal of an agreement on the amount and arrangements, issue of the enforcement order and copy given free of charge to the debtor; suspension of the limitation period from the debtor's agreement; end of the procedure on refusal or disagreement and opening of the judicial routes (order for payment, interim payment application, summons for payment); reference to the Code of civil enforcement procedures, article L125-1 — September 12, 2026
- entreprendre.service-public.gouv.fr — Recouvrement amiable : relance et mise en demeure de payer (verified 27 November 2024): position of the simplified procedure in the recovery ladder — it comes in where the reminder and the formal notice have not worked on a claim below €5,000 —, and reminder of the three judicial routes then available: order for payment, interim payment application and summons for payment — 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.