Application for an order for payment — cerfa 12946 or 12948, and the European version
Where amicable recovery has failed, a business may file an application for an order for payment with the court — commercial or civil —, WHATEVER THE AMOUNT of the claim. The commercial court has jurisdiction where creditor and debtor are both traders, where a landlord claims rent from its tenant under a commercial lease, or where the claim arises from an act of commerce; the civil court has jurisdiction in the other cases, in particular where the debtor is a consumer or carries on a professional practice. The application is filed with the registry of the DEBTOR's place of domicile, on form cerfa no. 12946 before the commercial court — €33.47 of registry fees — or cerfa no. 12948 before the civil court, where there are no registry fees. There is no hearing and no adversarial process: the judge decides on the evidence produced by the creditor alone. TWO CHANGES FROM 1 SEPTEMBER 2026: the period for serving the order falls from 6 months to 3 MONTHS, and it is now the registry that informs the creditor directly of any objection, without them having to ask.
Up to date for 2026 — verified on September 12, 2026Official form12946Guide: about 35 min
Deadlines
- 3 months to have the order served — since 1 September 2026
- The creditor has 3 months to have the order for payment served on the debtor, running from the date of the order. Previously that period was 6 months. If the order is not served within the period, it LAPSES.
- 1 month for the debtor's objection
- The debtor may object to the order within one month of its service. The objection is SUSPENSIVE: they do not have to comply with the order.
- 2 months before enforced execution
- Where the creditor has received no notice of objection within 2 months of service of the order, they may proceed to enforced execution.
- 1 month for informing the creditor — since 1 September 2026
- The civil court registry informs the creditor of the debtor's objection within 1 month of receiving it, by registered letter with acknowledgement of receipt or electronically. Previously the creditor had to request a certificate of non-objection from the registry to confirm that no objection had been made.
- 30 days — the European procedure deadlines
- A European order for payment is in principle issued within 30 days of the examination of the application, and the defendant has 30 days from notification or service to object using form F. The day of service does not count; where the end of the period falls on a public holiday, a Saturday or a Sunday, the period ends at the expiry of the last hour of the following working day.
Documents to prepare
- Form cerfa no. 12946 (commercial court) or no. 12948 (civil court), according to the debtor's capacity
- Order form and/or contract stating the amount of the debt
- Copy of the unpaid invoice
- Formal notice to pay
- Bill of exchange accepted and returned unpaid, where applicable
- Address of the debtor's registered office or home, which determines the competent registry
- Payment of registry fees: €33.47 before the commercial court, none before the civil court
- For the European procedure: form A, amount of the claim, interest, costs and contractual penalties, and all supporting documents
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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 creditor whose claim arises from a CONTRACT, the amount of the debt being stated in the contract: a purchase from a trader, a loan, an unpaid invoice, a bank overdraft, an acknowledgement of debt, unpaid rent, a guarantee
- A creditor whose claim arises from a STATUTORY obligation: amounts owed to social security bodies, professional bodies, or Urssaf contributions
- A creditor whose claim arises from an ACT OF COMMERCE: a bill of exchange, a promissory note, an assignment of a professional receivable
- A creditor whose debtor has their registered office or professional domicile in a European Union State other than France, who may use the European order for payment — except in Denmark
- NOT covered: dishonoured cheques, for which specific recovery procedures exist
- NOT covered: time-barred claims, or claims that are not certain, liquidated and due — the claim must not be capable of being reasonably contested by the debtor, must have fallen due and its amount must be determined
- NOT covered by the European order for payment: tax, customs and administrative matters
Worked example
Example: €7,000 claimed, €4,000 granted — and why the creditor will not recover the remaining €3,000
A trading company claims €7,000 from a trader customer who has not paid for a sale of goods. Amicable recovery has failed. Both parties being traders, the commercial court has jurisdiction: the application goes to the registry of the commercial court of the debtor's registered office, on form cerfa no. 12946, with €33.47 of registry fees and the documents evidencing the claim — order form and contract, copy of the unpaid invoice, formal notice to pay. There is no hearing and the procedure is not adversarial: the judge decides on the evidence produced by the creditor alone, without hearing the debtor's arguments. Here, the judge finds the application PARTLY well-founded and issues an order for €4,000 only. The creditor then has two options, and only one shot. Either they abandon the order-for-payment procedure and start ordinary court proceedings on the whole of their claim. Or they enforce the €4,000 order — but they can then no longer start another procedure to recover the remaining €3,000. They choose to enforce: they hand the order to a commissioner of justice, who serves it on the debtor. The period for doing so is 3 months from the date of the order since 1 September 2026, and after that period the order would lapse. The debtor then has one month to object; absent any notice of objection within 2 months of service, the creditor may proceed to enforced execution.
How to fill it in, step by step
- Check the origin of the claim: it must arise from a contract stating the amount of the debt, from a statutory obligation, or from an act of commerce. Dishonoured cheques are excluded: specific recovery procedures exist for them.
- Check that the claim is not time-barred, and that it is certain, liquidated and due — that is, that it cannot be reasonably contested by the debtor, that it has fallen due and that its amount is determined.
- Determine the competent court: the commercial court where creditor and debtor are both traders, where a landlord claims payment from its tenant under a commercial lease, or where the claim arises from an act of commerce; the civil court in the other cases, for example where the debtor is a consumer or carries on a professional practice. In Alsace-Moselle, the commercial chamber of the civil court has jurisdiction.
- Complete the appropriate form: cerfa no. 12946 for the president of the commercial court, cerfa no. 12948 for the president of the civil court. A lawyer is not required, but you may instruct a lawyer, a commissioner of justice or an agent to file the application.
- Attach the documents evidencing the claim: order form and/or contract, copy of the unpaid invoice, formal notice to pay, bill of exchange accepted and returned unpaid.
- File or send the application to the registry of the court of the DEBTOR's place of domicile — registered office or home address —, or send it electronically through the Tribunal digital before the commercial court. Pay the €33.47 registry fee before the commercial court; there is none before the civil court.
- Read the decision: the judge may accept the application and issue an order for payment, find it partly well-founded and grant only part of the sum, or dismiss it — in which case there is no remedy and no appeal, but a summons for payment remains available.
- If the order is only partly well-founded, choose between abandoning the procedure to start ordinary court proceedings, and enforcing the order without being able to start another procedure for the balance.
- Hand the order to a commissioner of justice so that they serve it on the debtor — service may be electronic where the debtor has agreed. Do so within 3 MONTHS of the date of the order, failing which it lapses, and budget for the commissioner of justice's fees, which you bear.
- Wait for the registry's information: since 1 September 2026 it is the registry that sends you the debtor's notice of objection or a request to lodge the procedural costs. Absent any notice of objection within 2 months of service, proceed to enforced execution.
- If the debtor objects, advance the procedural costs when invited to lodge them, attend the hearing or be represented by a lawyer — required only above €10,000 —, and be aware that the court will give a judgment that REPLACES the order.
- For a debtor established in another European Union State, other than Denmark, use form A of the European order for payment, stating the amount of the claim, any interest and costs and the contractual penalties, and attaching all supporting documents; send it to the court of the debtor's registered office, in the language indicated by the European Judicial Atlas.
The form, line by line
- Cerfa no. 12946
- Application for an order for payment to the president of the commercial court. To be used where creditor and debtor are traders, for a commercial lease, or for a claim arising from an act of commerce.
- Cerfa no. 12948
- Application for an order for payment before the president of the civil court. This is the form for the other cases — a consumer debtor or one carrying on a professional practice.
- Cerfa no. 15602
- Objection to an order for payment before the civil court. Before the commercial court, the objection is made on a declaration of objection form, or on plain paper.
- Documents evidencing the claim
- Order form and/or contract, copy of the unpaid invoice, formal notice to pay, bill of exchange accepted and returned unpaid. They are available to the debtor at the registry and, in principle, through the Mespieces.fr platform.
- Registry fees
- €33.47 before the commercial court. There are no registry fees before the civil court.
- Act of service
- It comprises the summons to pay the amount stated in the order, interest and registry fees; the option to contest within one month, with a warning that absent an objection no remedy will remain available; and a warning that the debtor may inspect the documents produced by the creditor.
- Forms A, then E, F, G, D or B (European procedure)
- A is the creditor's application; E the order issued; F the debtor's objection; G the declaration of enforceability; D the reasoned dismissal; B the return of the application for completion or correction.
Good to know
- An order for payment may be sought WHATEVER THE AMOUNT of the claim — in France as in the European procedure.
- There is no hearing and the procedure is not adversarial: the judge decides on the evidence produced by the creditor alone, without hearing the debtor's arguments. That is what makes it fast, and it is also why the debtor's objection switches everything to ordinary proceedings.
- A lawyer is not required to file the application; at the hearing on objection, their presence becomes mandatory only where the dispute concerns a sum above €10,000.
- If neither party attends the objection hearing, the proceedings are extinguished and the order for payment lapses.
- Since 25 April 2026, a new simplified procedure for the recovery of commercial claims has been introduced: it applies to all claims between traders that are not contested or challenged by the debtor, WITH NO CEILING. It will become operational once an implementing decree is published.
- The documents produced by the creditor are available to the debtor through the Mespieces.fr platform; where they cannot be made available there, they must be attached to the application when it is served.
- The European order for payment is conducted exclusively in writing, with no hearing, and representation by a lawyer is not required. Once declared enforceable by form G, the order may be enforced directly in any European Union country.
- In the European procedure, a dismissal opens no remedy — but the creditor may bring a fresh application for a European order for payment.
- The European Judicial Atlas makes it possible to find the competent court by State and indicates the language in which to make the application: the official language of the Member State of enforcement, unless it accepts another official language of the Union.
Common mistakes
- Relying on the old 6-month period to have the order served: since 1 September 2026 it is 3 MONTHS from the date of the order, and an order not served within that period lapses.
- Requesting a certificate of non-objection from the registry: since 1 September 2026 the creditor no longer has to ask whether an objection has been made, the registry informs them directly.
- Filing the application with the registry of ONE'S OWN registered office: it is filed with the court of the debtor's place of domicile.
- Going to the commercial court where the debtor is a consumer or carries on a professional practice: the civil court then has jurisdiction.
- Forgetting that in Alsace-Moselle the commercial chamber of the civil court has jurisdiction.
- Using an order for payment for a dishonoured cheque: such cheques are not covered, and specific recovery procedures exist.
- Enforcing a partly well-founded order while believing the balance can be claimed later: enforcing closes the door on any other procedure for the part not granted.
- Appealing a dismissal: the creditor has no remedy against a dismissal, but may start a summons for payment.
- Neglecting the attachments: as the procedure is not adversarial, the judge decides on the creditor's evidence alone — a missing document cannot be produced at the hearing, since there is none.
- Failing to attend the objection hearing: if neither party attends, the proceedings are extinguished and the order lapses.
- Using the European order for payment in tax, customs or administrative matters, or against a Danish debtor: those cases are excluded.
- Counting the day of service in the European objection period: that day does not count, and a period ending on a public holiday, a Saturday or a Sunday runs until the last hour of the following working day.
Frequently asked questions
Is there a minimum or maximum amount?
No. The order-for-payment procedure may be used whatever the amount of the claim, and so may the European order for payment.
Which court should be seised?
The court of the debtor's place of domicile. The commercial court has jurisdiction where creditor and debtor are both traders, where a landlord claims payment from its tenant under a commercial lease, and where the claim arises from an act of commerce. The civil court has jurisdiction in the other cases, for example where the debtor is a consumer or carries on a professional practice. In Alsace-Moselle, it is the commercial chamber of the civil court.
Which form, and at what cost?
Form cerfa no. 12946 before the president of the commercial court, with €33.47 of registry fees; form cerfa no. 12948 before the president of the civil court, where there are no registry fees. An application to the commercial court may also be sent electronically through the Tribunal digital. A lawyer is not required.
Is the debtor heard?
Not at that stage. There is no hearing and the procedure is not adversarial: the judge decides on the evidence produced by the creditor alone. The adversarial process opens only if the debtor objects, the registrar then summoning both parties to a hearing.
What happens if the judge grants only part of the sum?
The creditor has a choice, and that choice is final: either abandon the order-for-payment procedure and start ordinary court proceedings, or enforce the order — but then they can no longer start another procedure to recover the balance. On €7,000 claimed and €4,000 granted, enforcing means giving up the remaining €3,000.
Within what period must the order be served?
Since 1 September 2026, the creditor has 3 months from the date of the order to have it served on the debtor by a commissioner of justice; that period was previously 6 months. If the order is not served within the period, it lapses. The commissioner of justice's fees are paid by the creditor.
How does one know whether the debtor has objected?
Since 1 September 2026, the creditor no longer has to ask the registry whether an objection has been made: the registry informs them directly, by sending the debtor's notice of objection or a request to lodge the procedural costs. Before the civil court, that information is given within 1 month of receipt of the objection, by registered letter with acknowledgement of receipt or electronically. Absent any notice of objection within 2 months of service, the creditor may proceed to enforced execution.
How can one recover from a customer established in another EU country?
Through the European order for payment, where the registered office or professional domicile of the parties is established in a European Union State other than Denmark. The claim must be for a sum of money and arise from a contract, fall within civil and commercial matters — tax, customs and administrative matters are excluded —, be certain, liquidated and due, and not be time-barred. The application is made on form A, sent in principle to the court of the debtor's registered office; the order is issued on form E, in principle within 30 days of examination, and the debtor has 30 days to object using form F. Absent an objection, the court sends form G and the order may be enforced directly in any EU country.
Go further
Understand this form: the related course
Official sources
- entreprendre.service-public.gouv.fr — Recouvrement judiciaire : injonction de payer en France et en Europe (verified 1 September 2026, Entreprendre Service Public / Direction de l'information légale et administrative): availability of the procedure whatever the amount, for a claim arising from a contract, a statutory obligation or an act of commerce; exclusion of dishonoured cheques; requirement of a claim that is not time-barred and is certain, liquidated and due; new simplified procedure for the recovery of commercial claims of 25 April 2026, with no ceiling, operational once a decree is published; allocation of jurisdiction between the commercial court and the civil court, jurisdiction of the commercial chamber of the civil court in Alsace-Moselle; forms cerfa no. 12946 and no. 12948, supporting documents to attach, filing with the registry of the debtor's place of domicile, Tribunal digital, €33.47 of registry fees before the commercial court and none before the civil court, optional use of a lawyer; absence of a hearing and of an adversarial process, decision on the creditor's evidence alone, full or partial order — with the worked example of €7,000 claimed and €4,000 granted and the alternative offered to the creditor — or dismissal without remedy; service by a commissioner of justice, possible electronically with the debtor's consent, fees borne by the creditor, period reduced from 6 months to 3 months since 1 September 2026 and lapse in default; the debtor's objection within one month of service, information of the creditor by the registry since 1 September 2026 and within one month of its receipt before the civil court, enforced execution absent any notice of objection within 2 months; particulars of the act of service and the Mespieces.fr platform; suspensive effect of the objection, form cerfa no. 15602 before the civil court and plain paper accepted, lodging of costs by the creditor, adversarial hearing, lawyer required above €10,000, judgment replacing the order, extinction of the proceedings and lapse of the order where neither party attends; European order for payment: cross-border scope excluding Denmark, conditions of the claim, exclusion of tax, customs and administrative matters, form A and supporting documents, court of the debtor's registered office, European Judicial Atlas and language, exclusively written procedure with no compulsory lawyer, form E issued in principle within 30 days, objection by form F within 30 days, dismissal by form D without remedy but with a fresh application possible, return by form B for completion, declaration of enforceability by form G and direct enforcement in any EU country; references to the Code of Civil Procedure, articles 1405, 1406, 1409, 1411, 1415, 1416 and 1422 — September 12, 2026
- entreprendre.service-public.gouv.fr — Recouvrement amiable : relance et mise en demeure de payer (verified 27 November 2024): the place of the order for payment among the three judicial recovery routes available once amicable recovery has failed — the business files a case with the court to obtain an order requiring the debtor to pay —, alongside the interim payment application and the summons for payment, a longer and more expensive procedure — 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.