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Barreau de Paris Immobilier, sociétés, affaires Fiche CNB avocat.fr
Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

Foreign Customer Has Not Paid a French Company Invoice: What to Do, Which Court to Use and How to Recover

A French company that has delivered goods or completed services for a customer abroad should not treat a late invoice as an ordinary collection reminder. The unpaid amount may involve a disputed contract, a jurisdiction clause hidden in general terms, a foreign address that is no longer reliable, currency conversion, VAT evidence, and enforcement in a country where the company has never litigated. The first legal decision is therefore not simply whether to send another email. It is how to preserve proof, identify the correct debtor, and choose a recovery route that can ultimately reach assets.

This guide addresses a business-to-business invoice owed to a French company by a foreign customer. It distinguishes a customer established in another European Union Member State from a customer in a third country. It also separates French payment rules from the rules that determine the competent court and the law governing the contract. The French terms used below are explained for foreign founders and managers: a Kbis is an official extract identifying a registered business, the greffe is the court registry, and a mise en demeure is a formal notice to perform or pay.

The practical objective is a documented escalation: verify the debt, send a legally useful formal notice, preserve the option of an urgent protective measure where justified, and select between French proceedings, a European order for payment, or proceedings in the customer’s country. A payment promise may be accepted during that process, but it should be recorded without waiving accrued interest, recovery costs, jurisdiction rights, or security.

The analysis is general information, not a substitute for reviewing the signed agreement, the invoice history, the customer’s corporate status, and the enforcement country. Rates, forms, court addresses and cross-border service rules must be checked again when the demand is filed.

I. What must a French company establish before pursuing a foreign customer?

Short answer. Freeze the evidence and check the customer’s exact legal identity first. Then calculate the contractual and statutory amounts, send a formal notice that identifies the invoice and the legal basis for payment, and assess the forum clause before filing. If the debtor is in an EU Member State other than Denmark and the claim is a clear cross-border monetary claim, the European order for payment can be efficient. If the claim is disputed, the clause is uncertain, or enforcement is outside the EU, ordinary proceedings and an enforcement plan may be safer.

A. How should the company prove the contract, delivery and amount due?

The creditor should begin with an identity audit, not a template demand. Record the French company’s exact registered name, legal form, registration number, registered office, bank details and signatory authority. Keep the company’s current Kbis extract, or its equivalent information from the Registre national des entreprises (RNE, the French national register of businesses), available through the official INPI business-data service. INPI is the French National Institute of Industrial Property and operates the business formalities one-stop shop. The customer’s name must be checked against its own corporate register, not copied from an email signature.

That check matters when a group trades through several entities. A parent company may have negotiated the project while a subsidiary received the invoice. A branch may have placed the order without having separate legal personality. A distributor may have accepted delivery but deny being the contractual buyer. Note the registered address, company number, directors, branch details, insolvency notices and any recent change of address. The French BODACC, the official bulletin for civil and commercial announcements, can be searched for French insolvency and corporate notices at bodacc.fr. A foreign register or an official insolvency register should be preserved as a dated PDF or certified extract.

Next, assemble the contractual chain in chronological order. It should include the quotation, purchase order, master services agreement, statement of work, signed general terms, order confirmation, amendments, acceptance emails, delivery notes, timesheets, certificates, technical reports and every invoice. If the contract was formed by email or an online platform, export the messages with their headers and preserve the platform record showing the person who clicked, approved or accepted. Do not rely on a screenshot alone when the original export, audit trail or server record can be obtained.

The invoice must be linked to an identifiable obligation. Show the invoice number, date, currency, net amount, VAT treatment, total amount, payment account, contractual due date, interest clause, recovery-cost clause and any purchase-order reference. If several invoices exist, prepare a ledger showing the amount invoiced, credits, partial payments, credit notes, disputed lines, interest and remaining balance. A court should be able to reproduce the total from the documents without asking the creditor to reconstruct it verbally.

For commercial transactions, French law accepts a broad evidential approach. Article L. 110-3 of the French Commercial Code states: A l’égard des commerçants, les actes de commerce peuvent se prouver par tous moyens. That does not eliminate the need for reliable records. It means that a coherent set of orders, emails, delivery data, accounting entries and conduct may establish the transaction when no single document contains every term. A creditor should therefore retain both the written contract and the commercial behaviour that shows performance and acceptance.

Delivery or performance evidence deserves special attention in an international file. For goods, keep the transport order, carrier tracking, signed delivery receipt, warehouse record, customs document and any complaint deadline. For services, keep the deliverables, access logs, meeting minutes, approval emails, reports, deployment records and evidence that the customer used the result. A customer’s silence is not automatically acceptance in every legal context, but an absence of timely reservations combined with use, payment of earlier invoices and repeated renewals may be relevant evidence.

Separate a genuine dispute from a payment excuse. Ask the customer to identify each allegedly defective item, the contractual clause relied on, the date of the complaint, the requested correction and the portion of the invoice said to be affected. Record whether the customer disputes liability, quantum, delivery, quality, set-off, VAT, currency, authority of the signatory or the identity of the contracting entity. A court or mediator will treat a quantified and documented dispute differently from a general statement that “the invoice is being reviewed.”

Currency must be fixed before the claim is calculated. State whether the contract requires payment in euros, pounds, dollars or another currency, and identify the exchange-rate date if conversion is necessary. Do not add an exchange loss to the principal without a contractual or legal basis. Attach the calculation used, the source of the exchange rate and the date at which the conversion was made. If the customer made a partial payment in another currency, show how it was allocated between principal, interest and costs.

VAT must also be treated as a legal and accounting question, not as a late-payment surcharge. Confirm whether the customer is a business, where it is established, where the service is supplied, whether goods crossed a border, and whether the invoice was issued with French VAT, reverse charge wording or an exemption. Keep the customer’s VAT number and the evidence used to validate it. The French tax administration’s professional portal should be used with the company’s accountant to verify the applicable reporting position. An invoice can remain due even when the parties later disagree about VAT, but the tax treatment should not be used to disguise an uncertain principal claim.

Check limitation before sending a demand or commencing proceedings. For commercial obligations, Article L. 110-4 of the French Commercial Code provides a five-year limitation period unless a shorter special period applies. The starting point, interruption rules, acknowledgement of debt, settlement discussions and applicable foreign limitation law may change the calculation. Put the relevant dates in a calendar: contract formation, delivery, invoice issue, due date, complaint, acknowledgement, part-payment, formal notice and planned filing.

Use the customer’s response as evidence, but do not make the recovery dependent on a phone call. A call can preserve a relationship and reveal whether cash is available, yet a promise made orally may be difficult to prove. After each call, send a neutral confirmation email recording the agreed facts, the amount acknowledged, the promised payment date and any reservation. If the customer will sign a repayment plan, identify the debtor entity, instalments, default consequences, security, governing law and forum. A plan signed by a parent company may be valuable, but only if the parent has clearly undertaken an obligation rather than merely expressing support.

A useful evidence pack contains the following items:

  • the French company’s current corporate extract and signatory authority;
  • the customer’s official registration and insolvency-status evidence;
  • the contract, incorporated general terms and proof that the terms were accepted;
  • the order, delivery or performance evidence and any customer acceptance;
  • the invoices, statements of account, credit notes and payment history;
  • the customer’s objections, together with the creditor’s technical or contractual response;
  • the governing-law and jurisdiction clauses, including the version supplied at formation;
  • the calculation of principal, contractual interest, statutory late-payment amounts and recoverable costs;
  • the customer’s reliable service address, language requirements and likely asset locations; and
  • a dated chronology that a lawyer, court, commissaire de justice or foreign enforcement agent can use immediately.

Finally, preserve the material in a way that can survive a change of personnel or a hostile customer response. Store the original files, their metadata, a read-only copy and a hash or audit record when appropriate. Keep translations separate from originals and label who translated each document. Never edit the only copy of an invoice, delivery receipt or email chain. The strongest recovery file is one in which the facts, amount, contractual route and enforcement target can be understood in a single review.

B. Which law, court and cross-border route govern the claim?

Three questions must be kept separate. First, what did the parties promise? Second, which law interprets and remedies that promise? Third, which court may decide the dispute and where can the resulting decision be enforced? A French company may have a claim governed by French law, a court clause choosing another EU Member State, and assets located in a third country. Or the contract may be silent, leaving several possible forums. A French invoice alone does not answer all three questions.

Start with the contract. Under Article 1103 of the French Civil Code, Les contrats légalement formés tiennent lieu de loi à ceux qui les ont faits. Read the signed version, the order terms and the terms linked through the customer portal. A governing-law clause is not the same as a jurisdiction clause. “French law applies” may leave the court question open. “The courts of Paris have exclusive jurisdiction” may select a forum without deciding every substantive issue.

For a customer domiciled in an EU Member State, examine the Brussels I bis Regulation. Its Article 25 recognises an agreement selecting a court of a Member State for disputes connected with a particular legal relationship, subject to its conditions of validity. It also accepts a durable electronic record: Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’. Save the actual click-through or email evidence showing that the clause was available and accepted, not merely a later copy of terms printed on an invoice.

French case law shows why the formation and presentation of a jurisdiction clause matter. In Commercial Chamber, 17 February 2010, appeal no. 08-12.749, the Court of cassation accepted that, on the facts described, la clause était opposable aux deux sociétés et que le tribunal de commerce de Paris était compétent, after considering the established relationship, the communicated conditions and repeated invoices. This is not a licence to place a new clause silently on a first invoice; it is a warning to preserve the whole history of contracting and performance.

In Commercial Chamber, 20 November 2019, appeal no. 18-21.854, the Court stated that le paiement réitéré de factures au dos desquelles la clause de prorogation de compétence est imprimée peut démontrer son acceptation in the circumstances of an established commercial relationship. The decision should be used carefully. Repeated dealings, clear reference to available terms and actual conduct are different from a unilateral clause added after the customer has already placed an order.

In Commercial Chamber, 24 November 2015, appeal no. 14-14.924, the Court rejected an attempt to establish a German forum from a small “Gerichtstand München” reference printed on invoices where the clause had not been shown to have been brought to the distributor’s attention at the time of the order. This case is a practical reminder: the creditor should exhibit the terms supplied at the moment of contract formation and the customer’s acceptance, not rely only on the invoice on which the dispute later appears.

The international element itself should also be documented. In Commercial Chamber, 23 September 2014, appeal no. 12-26.585, the Court held that when parties are domiciled in different Member States, ce seul élément d’extranéité suffit à établir le caractère international du contrat for the rule then examined. The current Brussels I bis analysis still requires a careful match between the parties, the legal relationship, the selected court and the applicable jurisdiction rule; the case number is useful authority, not a substitute for that analysis.

If no valid court clause exists, possible EU forums can include the court of the customer’s domicile and, for contractual matters, the court connected with the place where the goods were delivered or the services were provided under the contract. The exact connection depends on the type of obligation and the drafting. For a mixed project, identify the characteristic obligation, the contractual delivery point and the place of actual performance before filing. Filing in France because the creditor is French may create a jurisdiction challenge and delay the recovery.

The subject-matter jurisdiction of a French commercial court is a separate issue. Article L. 721-3 of the French Commercial Code begins: Les tribunaux de commerce connaissent : It then covers, among other matters, disputes between merchants, disputes concerning commercial companies and commercial acts between persons. That provision helps identify the French court category, but international jurisdiction, territorial venue, arbitration and consumer protections must still be checked.

For a customer outside the EU, a French forum may result from a valid jurisdiction clause, the contract’s performance in France, a French branch or another recognised connection. The customer’s country may also claim jurisdiction. Research the law of that country before choosing a French judgment that might later be difficult to recognise. Determine whether that country applies a treaty, the Hague Choice of Court Convention, bilateral rules, or its own recognition test. The enforcement destination can be more important than the location where the invoice was issued.

Arbitration deserves an early check. A clause may send the dispute to institutional or ad hoc arbitration, specify a seat, determine the language and define emergency measures. Court proceedings filed in breach of a valid arbitration agreement can be challenged. Conversely, a vague reference to “arbitration if necessary” may not create a usable mechanism. Identify the institution, seat, rules, number of arbitrators, language and interim-relief options before sending a demand that inadvertently waives a position.

Service of documents is another decision point. A foreign company may have several offices, a registered agent or a branch. Service at an obsolete address can undermine the judgment. For an EU debtor, the applicable European service framework and the receiving state’s language rules must be checked. For a third-country debtor, a Hague Convention channel or local procedure may apply. Obtain the correct registered address from an official source close to service, and budget for translation and a local process server or commissaire de justice.

The creditor should map assets before selecting a forum. The customer may have a bank account, receivables from its own clients, stock, equipment, a French branch, intellectual property or a parent-company guarantee. A judgment in the right country is useful only if it can be recognised and executed against assets. Do not assume that a parent company owns the subsidiary’s assets or that a director is personally liable for a corporate invoice. Personal liability requires its own legal basis and evidence.

Situation Initial route to assess Primary risk to check
Clear B2B debt, debtor in another EU Member State, no serious defence European order for payment or a valid contractual forum Correct address, service and the 30-day opposition period
Clear debt, French forum valid, assets or branch in France French payment order or ordinary French commercial proceedings International jurisdiction and enforceability against the identified assets
Material quality, set-off, delivery or authority dispute Ordinary proceedings, mediation or a negotiated security package Evidence, limitation and the forum clause
Debtor outside the EU or assets in a difficult enforcement country Forum and recognition advice in the enforcement country Service, translation, local limitation and recovery cost

Before filing, obtain a short written forum memo. It should state the proposed court, the legal basis for jurisdiction, the governing law, the service route, the likely defence, the asset location and the next enforcement step. It should also state what would make the chosen route fail. This disciplined decision prevents a creditor from spending money on a judgment that cannot be served or executed.

II. What should a French company do after a foreign invoice becomes unpaid?

A. How should the company send a formal notice and protect its remedies?

The first written escalation should be a formal notice that can later be placed before a court. The French term is mise en demeure. Under Article 1344 of the French Civil Code, Le débiteur est mis en demeure de payer soit par une sommation ou un acte portant interpellation suffisante, subject to the contractual mechanism provided by the text. The notice should be firm, accurate and capable of proving receipt; an aggressive message containing an incorrect amount can weaken the file.

Address the notice to the debtor identified in the contract and at every reliable address. Send it by the contractual method, email with a durable record, registered post where effective, and a formal service channel when the next procedural step requires it. Copy the operational contact only as a practical measure; do not confuse a salesperson’s address with the company’s legal service address. Keep the sent version, attachments, delivery report, postal tracking, failed-delivery reason and any reply.

State the legal and factual basis in a way that leaves no ambiguity. Identify the contract, order, delivered goods or completed services, invoice number, amount, currency, due date and account for payment. Distinguish undisputed principal from interest, contractual penalty, fixed recovery compensation and any additional documented costs. If part of the invoice is disputed, demand the undisputed amount and invite a precise explanation for the remainder. A demand for an inflated total may give the customer a credible reason to contest the entire notice.

For B2B transactions covered by French payment rules, Article L. 441-10 of the French Commercial Code sets statutory and contractual payment-time parameters and requires the payment conditions to specify late-payment penalties and the fixed recovery compensation. The text states, in the ordinary case, that the agreed period cannot exceed sixty days from the invoice date. Check the version applicable to the transaction and any sector-specific rule rather than copying a number into every demand.

Late-payment penalties should be calculated from the correct contractual or statutory date. They are not a substitute for proving the principal. The notice should show the rate, the calculation period and whether the contract provides a higher lawful rate. The fixed compensation is separate: Article D. 441-5 provides that Le montant de l’indemnité forfaitaire pour frais de recouvrement prévue au II de l’article L. 441-10 est fixé à 40 euros. Additional compensation may require evidence that actual recovery costs exceed the fixed amount.

Do not assume that the French late-payment regime automatically governs every foreign invoice. The answer can depend on the governing law, the nature of the customer, the place of supply, mandatory rules and the contract’s payment clause. A French company may still be able to claim contractual interest under a foreign law, but the rate and proof will need to be established. Keep the accounting calculation flexible until the applicable law and forum are confirmed.

The notice should also address performance. Under Article 1217 of the French Civil Code, the party facing non-performance may use several remedies, including suspension, forced performance, price reduction, termination and damages, subject to the conditions of each remedy. The opening words are: La partie envers laquelle l’engagement n’a pas été exécuté, ou l’a été imparfaitement, peut : The creditor should not stop a critical service or withhold a deliverable without checking proportionality, contract terms, insolvency risk and the effect on its own obligations.

Contractual termination requires its own analysis. Article 1226 of the Civil Code addresses termination by notice at the creditor’s risk and requires attention to prior notice and the seriousness of the breach. A notice can reserve the right to suspend or terminate without exercising it immediately. If the customer’s business depends on the service, an abrupt suspension may create a counterclaim or destroy the only source from which payment could be obtained.

Preserve commercial leverage while protecting the legal position. Offer a short deadline for payment or for a documented objection, but do not write that the deadline is a final waiver if it is not. A settlement proposal should state whether it is without prejudice, whether it suspends proceedings, and what happens if an instalment fails. If security is offered, verify the guarantor’s identity, authority, governing law and enforceability. A promise from a founder on a personal messaging application is not the same as a valid guarantee.

A clear notice can be structured as follows:

Subject: Formal notice to pay invoice [number] — [French company] / [customer]

Our company performed [goods or services] under [contract or order] dated [date]. Invoice [number], issued on [date] for [amount and currency], fell due on [date]. The principal currently outstanding is [amount], after crediting [payments or credits].

We request payment of the outstanding principal, together with the applicable contractual or statutory interest and recovery costs, within [number] calendar days after receipt of this notice. If you dispute any part, identify the precise invoice line, contractual basis and supporting documents within the same period. Failing payment or a substantiated proposal, our company reserves all rights before the competent court and in the jurisdictions where enforcement is required.

The wording should be adapted to the chosen forum and language. A translated notice is useful for the customer, but retain the controlling version and state which text governs if the contract permits it. Do not translate legal concepts mechanically: mise en demeure can have procedural effects that a generic “reminder” does not have in another system. A lawyer or qualified local process professional should confirm the service method where the notice may interrupt limitation or trigger contractual consequences.

After dispatch, run a short response protocol. On day one, verify receipt and correct any address problem. At the end of the deadline, classify the file as paid, promised with security, disputed with documents, silent, insolvent or unreachable. Update the statement of account and preserve the customer’s exact words. If the customer proposes a payment schedule, ask for the first payment promptly and document acceleration, default interest and forum rights. If the customer asserts insolvency, stop ordinary collection rhetoric and check the official register and filing deadlines.

Consider protective action when there is a concrete risk that assets will disappear. A French creditor may in some circumstances seek a conservatory measure, but the legal conditions, evidence and court differ from those for a payment judgment. The creditor must identify the risk and the assets rather than use a precautionary measure as pressure without a plan. A bank account located abroad may require a European Account Preservation Order or local relief, each with its own requirements. The forum memo should cover this before the customer is warned.

Do not publish the dispute, contact unrelated employees, threaten criminal proceedings for an ordinary commercial non-payment, or misrepresent a court order. Those tactics can create reputational, privacy or defamation exposure and may encourage the debtor to move assets. The strongest pressure is usually a precise file, a credible deadline, a lawful calculation and a demonstrated ability to serve and enforce.

B. Should the company use a French injunction, a European order or ordinary proceedings?

A French payment order is designed for a claim that can be established from documents without beginning with a full adversarial trial. Article 1405 of the French Code of Civil Procedure opens: Le recouvrement d’une créance peut être demandé suivant la procédure d’injonction de payer lorsque : It covers a contractual or statutory claim for a determined amount, subject to the conditions in the article. A foreign customer does not automatically prevent the procedure; international jurisdiction and service remain decisive.

The claim should be sufficiently certain, liquid and due. In practical terms, the creditor must show a legal basis, an amount that can be calculated and an obligation whose payment date has arrived. A court may reject or reduce a demand that depends on unresolved quality evidence, a discretionary bonus, an uncertain exchange-rate formula or a contested set-off. The French public administration explains the documentary conditions and the distinction between commercial and civil claims on its official debt-recovery page.

If the debt is commercial and the French court has international jurisdiction, the application normally targets the competent French commercial court. Service-Public.fr confirms that a commercial debt between professionals is addressed to the commercial court, while the exact court and territorial basis must be identified from the debtor, the contract and the applicable procedural rules. The word “commercial” describes the subject matter; it does not cure a defective jurisdiction clause.

The French injunction route is initially non-contradictory: the judge considers the creditor’s documents before the debtor has made submissions. That can make it proportionate for a clear invoice, but it is not a shortcut around service. Once the order is made, a French commissaire de justice must serve the relevant documents in accordance with the required form. For a foreign debtor, service abroad, translation and proof of receipt must be planned at the beginning.

The debtor can oppose the order. Article 1412 of the Code of Civil Procedure states: Le débiteur peut s’opposer à l’ordonnance portant injonction de payer. Under Article 1416, L’opposition est formée dans le mois qui suit la signification de l’ordonnance. A creditor should therefore prepare the ordinary proceeding before service, including the contract, evidence, translation strategy, witness evidence and response to likely defences.

A European order for payment, often called an EPO in English and an injonction de payer européenne in French, is different from the French domestic order. It is governed by Regulation (EC) No 1896/2006 and is intended for a cross-border civil or commercial monetary claim within its scope. The official forms, including the claim form and opposition form, are available through the Justice.fr form service. Confirm that the customer is in a participating EU Member State and that the claim is not excluded by its subject matter.

The EPO route can be attractive where the written claim is clear and the customer has assets in another Member State. The application identifies the parties, the cross-border nature of the dispute, the amount, interest, costs, court competence and factual basis. It is not a procedure for hiding a substantial factual dispute. The applicant should explain the contract and attach or organise the evidence so that an opposition will not cause avoidable delay.

The customer has a defined opposition period. Article 16 of the official consolidated Regulation (EC) No 1896/2006 provides that The statement of opposition shall be sent within 30 days of service of the order on the defendant. The customer can contest the claim without giving detailed reasons at that stage. The French company should diarise the service date, calculate the deadline in the applicable time zone and monitor the originating court before taking enforcement steps.

If no opposition is filed in time, the order may be declared enforceable under the regulation. It can then be enforced in another participating Member State under the regulation’s conditions and the enforcement law of that state. The enforcement agent will need the authentic order and the required certificate or forms. The creditor should obtain a written checklist from the enforcement country before assuming that a bank attachment, inventory or service can begin immediately.

The Court of cassation has illustrated the importance of this sequence. In Second Civil Chamber, 27 June 2019, appeal no. 18-14.198, the decision applied the rule that une injonction de payer européenne, devenue exécutoire dans l’État membre d’origine, est reconnue et exécutée dans les autres États membres in the circumstances of the case. It also treated the court of the enforcement state as unable to reopen issues that should have been raised through the opposition or review mechanisms in the originating state. The message is practical: choose the origin court carefully and do not miss the opposition stage.

After an opposition to an EPO, the case may continue under ordinary civil procedure in the Member State of origin unless the claimant requested termination in the application. The creditor should compare that consequence with filing an ordinary claim from the start. The EPO is most useful when speed and a paper-based first step matter, the debt is genuinely documentary, and the creditor can absorb the risk of an ordinary case after opposition.

Ordinary proceedings are usually preferable where the customer has raised a serious defence, several contracts must be interpreted together, witnesses or experts are needed, the claim includes damages, or the creditor needs a judgment tailored to a complex remedy. They may also be preferable where a valid jurisdiction clause already selects a court with a direct path to the debtor’s assets. The originating court’s procedure, language, representation rules and cost exposure should be priced before the claim is issued.

For a non-EU customer, the European order for payment will generally not provide the same route. The creditor may need French proceedings followed by recognition abroad, proceedings in the customer’s country, arbitration, or a negotiated payment secured by an asset or guarantee. A foreign judgment may be enforceable in France, but that does not mean a French judgment is automatically enforceable in the customer’s country. Obtain local advice in the actual enforcement destination, not only in the country where the creditor is incorporated.

Enforcement is a separate phase with its own evidence. Identify the account bank, the debtor’s receivables, inventory, equipment, real estate, securities or local branch. Check whether the asset is owned by the debtor, pledged, exempt or held by an affiliate. Prepare the original or certified judgment, enforceability certificate, proof of service, translations and calculation of the balance after judgment. Contact the competent enforcement professional before the judgment becomes final so that no time is lost.

Costs should be compared against recoverability, not only against the invoice amount. A €20,000 claim against an operating business with a clear French account may justify a different route from a €200,000 claim against an empty shell in a distant jurisdiction. Estimate court fees, lawyer fees, translation, service, experts, enforcement, currency conversion, tax and travel. Also consider whether the customer will counterclaim and whether a settlement can obtain an immediate payment plus security.

A decision matrix can be applied at the end of the formal-notice deadline:

  1. Paid: reconcile the bank receipt, confirm the release of claims only after the funds clear, and archive the file.
  2. Credible instalment offer: require a signed agreement, an initial payment and security proportionate to the risk.
  3. Clear EU claim with no substantive response: compare the EPO with the contract forum and prepare service and enforcement.
  4. Clear French-forum claim: assemble the Article 1405 evidence and confirm the competent commercial court.
  5. Substantive defence: prepare ordinary proceedings, mediation or a settlement while preserving limitation and security options.
  6. Non-EU debtor or hidden assets: obtain enforcement-country advice before selecting the originating court.
  7. Insolvency signal: check the register immediately and follow the applicable declaration or proof-of-claim deadline.

The file should end with a documented choice, not an indefinite series of reminders. Record the amount approved for proceedings, the selected court, the service route, the evidence owner, the deadline, the enforcement target and the person authorised to settle. If new information shows that the debtor entity, address or asset picture is different, update the plan before filing. A short, correct claim filed in the right forum is more valuable than a long demand sent to the wrong company.

Conclusion

A foreign customer’s unpaid invoice is a cross-border legal project, even when the underlying service was straightforward. The French company should first prove the contracting entity, the order, the delivery or performance, the due date and the precise balance. It should then separate governing law from court jurisdiction, test every jurisdiction clause against the way it was accepted, and map service and enforcement before choosing a procedure.

The formal notice should identify the debt, calculate the lawful interest and recovery costs, invite a precise objection and reserve suspension, termination, proceedings and enforcement where appropriate. A French payment order can suit a clear claim with a French forum. A European order for payment can suit a clear cross-border monetary claim within its scope, but the 30-day opposition and enforcement steps must be monitored. Ordinary proceedings or local proceedings may be safer where the debt is disputed or the assets are outside the European framework.

Keep the complete evidence pack, do not overstate personal liability, and obtain country-specific advice for service and enforcement. A French company can use the French company creation and business-in-France legal practice as the internal starting point for coordinating corporate documents, contracting and recovery strategy.

Need a quick opinion on your case

A lawyer from our firm can review the unpaid-invoice file and identify the next procedural step within 48 hours.

Telephone consultation within 48 hours with a lawyer from our firm: +33 6 46 60 58 22.

You can also use our contact page to send the contract, invoices and customer response.

Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

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Best real estate and business lawyer in Paris. A compassionate and attentive lawyer, with a wonderful team. Thank you, Maître KOHEN

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Janou SAMUEL
1 month ago

Thank you to Maître KOHEN for his analyses of recent case law regarding fraudulent concealment in real estate sales. This reinforces my decision to pursue an action for rescission that I am considering after acquiring a house affected by serious defects intentionally concealed by the seller and not reported by the real estate agent; also defects (rising damp) characterized by progressive through-cracks and damp patches, not reported by the real estate agent… Worse, defects concealed by the latter or on his initiative under a coat of paint and polystyrene tiles glued to the ceiling of a bedroom. And said real estate agent was the drafter of the preliminary contract, which naturally contains no information regarding any of these defects. I would just add that, being 77 years old and suffering from cognitive impairment, I am certain the real estate agent thought I would not be able to uncover the deception and, above all, characterize fraudulent intent, let alone initiate legal proceedings given the complexity and length of the process... That is why I am opting for criminal proceedings, insofar as the intentional concealment of defects by the seller and then by the real estate agent

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Paul MALIK (powlo)
4 months ago

Maître Reda KOHEN assisted me in a dispute concerning a sale agreement with a defaulting party. He provided professional and responsive support, and I highly recommend him.

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Legal advice is only valuable if it arrives on time — delighted to have been there when needed. Thank you for your kind words.

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5 months ago

I highly recommend Maître Reda Kohen. Thanks to his explanations, I was able to recover my security deposit in a situation that seemed blocked. He was responsive, clear, and very professional. A big thank you for his invaluable help!

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The return of the security deposit is a more common rental dispute than one might think; glad that the situation was resolved quickly. Thank you for this feedback.

Naji Jouahri
5 months ago

Excellent support from Maître Kohen in a case combining business law and real estate law. Clear legal analysis from the first meeting, right through to the hearing. Professional and accessible lawyer, I highly recommend his firm in Paris 17.

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Cases at the intersection of business law and real estate law require a comprehensive overview — that's the core of the firm's practice, from the initial meeting to the hearing. Thank you for this precise recommendation.

Halim Tunde
5 months ago

Maître Kohen assisted me in recovering unpaid debts from a defaulting tenant. Procedure mastered from start to finish, from the payment order to eviction. Human, attentive, and always reachable. Thank you for your work.

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Reply from the firm

Collecting unpaid rent requires a procedure handled from start to finish, without downtime — glad to have seen yours through to completion. Thank you for this testimonial.

Cha
5 months ago

As a young student living in an apartment, my landlord tried to make me leave my accommodation even though he had sent me no termination notice. I therefore contacted Mr. Reda Kohen to help me as I couldn’t handle the situation alone. In just 3 days everything was resolved, Maître Kohen defended me and accompanied me with an irreproachable level of commitment and efficiency. I can only recommend his professionalism!

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Reply from the firm

An irregular termination notice does not terminate a lease: delighted that the situation was resolved in a few days. Good luck with your studies.

Asmaa Maazaz
6 months ago

I turned to Maître Kohen for a complex real estate dispute and I highly recommend his firm. He is very professional; he thoroughly analyzed my case from the very first appointment and clearly explained the possible options. Thanks to his expertise, we achieved a very favorable outcome. Responsive, a good teacher, and committed, he is a lawyer you can truly trust. Yours faithfully, Miss Maazaz

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Reply from the firm

Thank you very much, Miss Maazaz, for this feedback. Analytical rigor and responsiveness are essential commitments of our law firm specializing in real estate law in Paris, where each case requires a tailored approach. Delighted that we were able to achieve a favorable outcome. The firm remains at your disposal. Best regards.