What should I do if my business partner does not pay me, despite reminders and promises? What should I do if my customer does not pay my last bill even though the service was provided in accordance with the rules? What to do if the client does not react despite countless emails and formal notices?
The reflex is often to consult a lawyer to come and 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 makes it possible to quickly obtain 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 order for payment?
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 then admitted the use of it 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 order for payment procedure.
b. For what type of debt?
The debt to be recovered may be civil or commercial.
However, only claims of contractual or exchange rate origins 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 order for payment procedure (Cass. Civ. 2E, March 4, 2004, no. 02-13.278);
- Contributions to professional orders, such as ordinal contributions to the National Council of the Order of Masseurs-Physiotherapists, can be recovered via the injunction procedure as claims having a statutory cause (Cass. Civ. 1re, 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. 3E, 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 injunction procedure.
3. What court to go to to get an order for payment?
Territorially, the claim is brought before the court where the or one of the debtors sued lives (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.
With regard to awarding 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 be competent;
- 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 a debt for co-ownership charges, the President of the Judicial Court will be competent.
4. Where and how do I file an application for an order for payment?
In general, we recommend that the litigant who wishes to embark on the adventure without a lawyer or advice, refer and stick to the information and forms made available by the government at the following addresses:
- To refer the matter to the Protection Disputes Judge, thither ;
- 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, emails, receipts, sometimes SMS) attesting to the claim for payment;
- Where applicable, the elements relating to late payment interest provided for contractually or legally, allowing the judge to calculate them.
An accurate and complete case makes it easier for the judge to review and increases the chances of getting a favorable order quickly.
7. What are the deadlines for receiving a response to the request?
The order for payment procedure is not contradictory : it takes place without an audience. The judge makes his decision based solely on the elements contained in your case.
Deadlines vary greatly depending on the courts, their workload and the quality of the case. In practice, it is often a few weeks to a few months between the filing of the application and the judge's decision.
8. What are the possible answers to the request?
Two options:
- The judge makes an order for payment if he considers that the request is justified. This acceptance may be total or partial;
- The judge rejects the request if he considers that it is not justified or that the claim seems questionable.
If the judge rejects the request, the creditor has no recourse, he cannot appeal and must proceed differently to recover his debt (art. 1409 of the Code of Civil Procedure).
If the judge issues an order ordering payment, the creditor has a period of time to have it served in order to make 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 is set at 3 months (Decree No. 2026-96 of February 16, 2026).
9. And after the order is served on the debtor?
According to paragraph 1Er 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 2ND paragraph 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 1Er of article 1416 of the Code of Civil Procedure 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 2ND article 1416, paragraph, of the Code of Civil Procedure.
10. How much does a request for an order for payment cost?
The costs of registering the request for an order for payment are free before the Judicial Court and the Litigation and Protection Judge.
Before the Commercial Court, it will cost 33.47 euros to register the request 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 required. These fees are detailed in articles A444-10 to A444-52 of the Commercial Code.
In any case, do not hesitate to contact a justice commissioner who will guide you on the procedure to follow.
NOTE: a procedure for the recovery of small claims, under 5,000 euros, was set up 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 discussed by doctrine and practitioners. It can be found in detail. hither.
