Cabinet Kohen Avocats · Paris

Maître Reda KOHEN intervient en droit immobilier, droit des sociétés et droit des affaires à Paris. Première analyse offerte, réponse personnelle sous 24 heures.

100 % confidentiel · Secret professionnel · Sans engagement

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

Your French Company Just Received an URSSAF Mise en Demeure: How a Foreign Owner Pays, Contests and Stops the Contrainte From Abroad

Your French company has just received a registered letter from URSSAF demanding several thousand euros in contributions and surcharges, and you run the business from London, New York or Dubai. The letter is in French, it cites a mise en demeure, and your accountant warns that a contrainte could follow. This article explains exactly what that letter is, what you must do within thirty days of receiving it, and how a foreign owner pays, negotiates or challenges the claim from abroad without losing on a deadline. URSSAF is the French body that collects social security contributions from employers: its full name is the Union de recouvrement des cotisations de sécurité sociale et d’allocations familiales, the union for the collection of social security and family allowance contributions. Every company that employs staff in France, or that has been reassessed after an inspection, answers to it. A mise en demeure is a formal demand to pay within one month. A contrainte is the enforcement order that follows if you do not pay: unless you oppose it in court within fifteen days, it has the same effect as a judgment and can lead to seizure of the company’s bank balances. The good news is that French law surrounds this procedure with strict safeguards, and three recent rulings of the Cour de cassation, the French supreme court for civil matters, show how defective demands are annulled. This guide walks you through reading the letter, paying safely from abroad, seizing the internal appeal board known as the CRA, the commission de recours amiable, and opposing the contrainte before the judicial court, the tribunal judiciaire, with the special rules that apply when the debtor lives outside France.

I. What an URSSAF Mise en Demeure Means and What to Do in the First 30 Days

A. How to Read the Letter: Cause, Nature, Amount, Period — and the Defect That Voids It

The mise en demeure is not a simple reminder. Under article L. 244-2 of the Social Security Code, where proceedings are not brought at the request of the public prosecutor, the warning is replaced by a mise en demeure sent by registered letter or by any means giving a certain date to its receipt by the employer: “Si la poursuite n’a pas lieu à la requête du ministère public, ledit avertissement est remplacé par une mise en demeure adressée par lettre recommandée ou par tout moyen donnant date certaine à sa réception par l’employeur ou le travailleur indépendant.” The same article adds that the content of the warning or mise en demeure must be precise and reasoned, under conditions set by decree in the Council of State: “Le contenu de l’avertissement ou de la mise en demeure mentionnés au premier alinéa doit être précis et motivé, dans des conditions fixées par décret en Conseil d’Etat.” That decree is article R. 244-1 of the Social Security Code, which states: “L’avertissement ou la mise en demeure précise la cause, la nature et le montant des sommes réclamées, les majorations et pénalités qui s’y appliquent ainsi que la période à laquelle elles se rapportent.” In plain English, the letter must tell you four things: the cause, meaning why you owe the money and for which affiliation; the nature, meaning which contributions are claimed; the amount, including surcharges and penalties; and the period to which the sums relate. When the mise en demeure follows an inspection carried out under article L. 243-7 of the Social Security Code, which entrusts the monitoring of employers to the collection bodies, article R. 244-1 adds that the document must show, for each audited annual period, the amounts notified in the observations letter as corrected after exchanges with the inspector, with the reference and dates of that letter. Amounts must take account of sums already paid.

For a foreign owner, the practical reading checklist is therefore short and strict. First, identify the period: which quarters or years are covered, and check whether they match the payroll records filed through the DSN, the déclaration sociale nominative, the monthly electronic payroll return every French employer files. Second, identify the nature of each line: general-regime contributions, unemployment insurance contributions, AGS contributions, the latter being the wage guarantee scheme that protects employees if the company becomes insolvent. Third, verify the arithmetic: surcharges for late payment, called majorations de retard, and any complementary surcharges must be itemised, and payments already made must have been deducted. Fourth, check the reference to the observations letter if the claim follows an inspection: its date and reference must appear on the demand.

This checklist matters because the sanction for a defective mise en demeure is nullity, and the Cour de cassation has repeated this three times in recent months. On 4 December 2025, in case number 23-18.537 on seven mises en demeure sent to a simplified joint-stock company, the Second Civil Chamber held: “Il résulte de ces textes que la mise en demeure qui constitue une invitation impérative adressée au débiteur d’avoir à régulariser sa situation dans le délai imparti doit permettre à l’intéressé d’avoir connaissance de la nature, de la cause et de l’étendue de son obligation. A cette fin, il importe qu’elle précise, à peine de nullité, la nature et le montant des cotisations et contributions réclamées et la période à laquelle celles-ci se rapportent, sans que soit exigée la preuve d’un préjudice.” In other words, the demand must let the debtor understand the nature, cause and extent of the obligation, and it must state, on pain of nullity, the nature and amount of the contributions claimed and the period concerned, with no need to prove any harm. In that case the court of appeal had annulled the demands because they referred only to “general regime” contributions with an asterisk mentioning unemployment and AGS contributions included; the Cour de cassation quashed that decision, finding that each demand did state the cause of affiliation, the period and the amounts, so the company could understand its obligation. The lesson for a foreign owner is two-sided: a vague reference to the general regime is not automatically fatal, but a demand that omits the nature, the amount or the period for any head of claim is void without you having to show prejudice.

The same solution was confirmed on 9 April 2026 in case number 23-15.262, concerning three contraintes issued against a limited liability company, where the court repeated: “Il résulte de ces textes que la mise en demeure qui constitue une invitation impérative adressée au débiteur d’avoir à régulariser sa situation dans le délai imparti doit permettre à l’intéressé d’avoir connaissance de la nature, de la cause et de l’étendue de son obligation. A cette fin, il importe qu’elle précise, à peine de nullité, la nature et le montant des cotisations et contributions réclamées et la période à laquelle celles-ci se rapportent, sans que soit exigée la preuve d’un préjudice.” And on 10 April 2025, in case number 23-12.107, the court stated the rule once more: “Il résulte de ce texte que la mise en demeure, qui constitue une invitation impérative adressée au débiteur d’avoir à régulariser sa situation dans le délai imparti, doit permettre à celui-ci d’avoir connaissance de la nature, de la cause et de l’étendue de son obligation et préciser à cette fin, à peine de nullité, la nature et le montant des cotisations et contributions réclamées et la période à laquelle celles-ci se rapportent, sans que soit exigée la preuve d’un préjudice.” In that third case, the court of appeal had annulled a contrainte because it mentioned neither the breakdown of contributions nor the dates of the underlying mises en demeure; the Cour de cassation quashed, noting from the lower court’s own findings that the sums on the contrainte matched those on the identified mises en demeure, which stated the nature and amount per period with deductions for payments made, so the company could understand its obligation.

Three consequences follow for your file. First, never ignore a mise en demeure that looks approximate: the courts apply a concrete test, and a demand that a non-specialist finds obscure may still be held sufficient if the four elements can be reconstructed. Second, every genuine gap is an action point: missing period, missing nature for one contribution line, amount that ignores a payment already debited, or no reference to the observations letter after an inspection. Third, keep the envelope and proof of the receipt date, because every later deadline runs from notification or service, and from abroad you will need to prove when time started to run. If your company also faces questions about undeclared work or the reclassification of a contractor, read our guide on how a foreign company contests an URSSAF reclassification of a freelancer, which often starts with exactly this type of letter.

B. How to Pay From Abroad, Cut the Surcharges and Get Time to Pay

The mise en demeure gives you one month to regularise. URSSAF states the rule plainly on its official control page: you must pay the full sum shown on the demand within thirty days of receiving it. From abroad, organise payment immediately: an international transfer to the account details shown on the letter, quoting the demand reference and the company’s SIRET number, the fourteen-digit identifier of the French establishment. Ask your French bank or your accountant to confirm receipt in writing, because a payment credited on day thirty-two is late, and the rest of the procedure does not wait.

Paying quickly also saves real money. Late payment triggers initial surcharges plus complementary surcharges described on the official URSSAF control page: the complementary surcharge runs at 0.2 percent per month or fraction of a month from 1 February of the year following the reassessment until full payment, but it is cut to 0.1 percent if payment arrives within thirty days of the mise en demeure. On a reassessment of 80,000 euros, paying within the month instead of six months later can save several hundred euros in surcharges alone, and it removes the argument that the company let the debt drift.

If the company cannot pay everything at once, French practice offers two cushions. First, where cash is short, URSSAF accepts that you pay the employee share of contributions immediately and request a payment schedule for the employer share. Where money is short, URSSAF accepts payment of the employee share only, with a time extension for the employer share. Use the online account on urssaf.fr, through the “demander un délai de paiement” service, and file the request before the one-month deadline expires, from abroad if needed, with a short cash-flow note and a proposed timetable. Second, you can apply for a waiver of surcharges, the remise des majorations de retard, on the same site. Neither step suspends the recovery on its own, so file them in parallel with any challenge described below, and never present a payment as an admission that the principal is correct: the covering message should state that payment is made to stop surcharges and without acknowledgement of the debt, which preserves the challenge.

Three practical points specific to foreign owners deserve attention. First, the thirty-day clock runs from receipt, not from the date printed on the letter: if the registered letter sat at the company’s French address while you were abroad, the date your representative collected it or the date of first presentation by the postal service is what counts, so retrieve that proof at once. Second, do not wait for the translated version: have the letter translated by a sworn translator within days, but act on the accountant’s summary immediately, because translation time does not extend the deadline. Third, coordinate with payroll: if the demand follows an inspection, check whether the DSN returns for the disputed months need correcting, since an uncorrected return can generate a second automated claim while you are still fighting the first. Companies that discovered the problem through a blocked bank account should also read our guide on recovering funds when a French company bank account is frozen or closed, because enforcement and recovery often arrive together.

II. How to Contest an URSSAF Claim From Abroad Without Missing a Deadline

A. Seizing the CRA Within Two Months, Then the Tribunal Judiciaire

Challenging the demand itself goes through the commission de recours amiable, the CRA, the internal appeal board of each URSSAF office, before any court action. The challenge goes to the CRA of the URSSAF office or the CGSS, and the time limit is strict, as explained on the official URSSAF control page. The legal basis is article R. 142-1 of the Social Security Code: “Cette commission doit être saisie dans le délai de deux mois à compter de la notification de la décision contre laquelle les intéressés entendent former une réclamation.” This prior appeal is not optional: article L. 142-4 of the Social Security Code provides that contentious appeals in these matters are preceded by a prior appeal under conditions set by decree. Miss the two months and, as URSSAF warns, the decision taken at the end of the inspection becomes final.

From abroad, file the CRA appeal online from the company’s urssaf.fr account, which avoids postal delays and creates a timestamped receipt. The appeal must identify the contested decision by date and reference, state each ground separately, and attach the evidence: the mise en demeure with its envelope or acknowledgment of receipt, the payroll journals and DSN returns for the disputed period, proof of payments already made with bank statements, the observations letter and your replies if there was an inspection, and, for cross-border situations, the A1 certificates proving which country’s social security applied to posted staff. If you run the French company from another country and are unsure which regime covers you personally, see our analysis of which social security applies when a foreign director runs a French company from abroad. Write the appeal in French or have it translated, number every exhibit, and keep the acknowledgment of receipt: the CRA has two months to decide, and silence at the end of that period counts as rejection, which opens the court route.

If the CRA rejects the appeal, expressly or by silence, the next step is the tribunal judiciaire, the judicial court, and specifically the court designated for social security disputes under article L. 211-16 of the Code of Judicial Organisation, which assigns social security litigation to specially designated judicial courts. URSSAF confirms the next deadline: two months from receipt of the CRA decision, not from the original demand, to bring the dispute before the tribunal judiciaire. A foreign owner does not need to fly to France for every step: a French lawyer seizes the court, receives notifications and pleads, while you provide instructions, signed powers and exhibits electronically. But the lawyer needs the complete chain from day one: every demand, every receipt, the CRA appeal with its filing proof, and the CRA decision or proof that two months passed without an answer. Rebuilding this chain months later from abroad is the most common cause of lost cases.

Two strategic notes complete the picture. First, the CRA route and the payment strategy run together: pay or schedule payment to stop surcharges, challenge in parallel to recover what was not due. Sums paid but later found undue are recovered with interest once the decision is overturned. Second, watch limitation periods. Under article L. 244-3 of the Social Security Code: “Les cotisations et contributions sociales se prescrivent par trois ans à compter de la fin de l’année civile au titre de laquelle elles sont dues.” Contributions prescribe three years from the end of the calendar year for which they are due, with suspension during the adversarial phase of an inspection. If URSSAF claims contributions for 2021 in late 2026, prescription is a serious line of defence to raise expressly before the CRA and the court, because judges do not always raise it on their own. The same three-year horizon explains why old payroll files must be kept and produced: the company that can show complete DSN returns and payment proofs for the whole period negotiates and litigates from strength.

B. When the Contrainte Arrives: 15 Days to Oppose and What the Judge Verifies

If the mise en demeure remains without effect one month after notification, the director of the collection body may issue a contrainte, the enforcement order. Article R. 133-3 of the Social Security Code provides: “Si la mise en demeure ou l’avertissement reste sans effet au terme du délai d’un mois à compter de sa notification, les directeurs des organismes créanciers peuvent décerner, dans les domaines mentionnés aux articles L. 133-8-7 , L. 161-1-5 ou L. 244-9 , une contrainte comportant les effets mentionnés à ces articles.” The contrainte is notified by any means proving its date of receipt or served by a bailiff, and on pain of nullity the service must state the reference and amount of the contrainte, the deadline for opposition, the address of the competent court and the required forms of seizure. The stakes are set by article L. 244-9 of the Social Security Code: “La contrainte décernée par le directeur d’un organisme de sécurité sociale pour le recouvrement des cotisations et majorations de retard comporte, à défaut d’opposition du débiteur devant le tribunal judiciaire spécialement désigné en application de l’article L. 211-16 du code de l’organisation judiciaire, dans les délais et selon des conditions fixés par décret, tous les effets d’un jugement et confère notamment le bénéfice de l’hypothèque judiciaire.” Without opposition before the designated judicial court within the set deadlines, the contrainte has all the effects of a judgment, including a judicial mortgage over the company’s property. In urgent cases involving undeclared work, the contrainte linked to illegal labour is provisionally enforceable two calendar days after notification, subject to an application to stop enforcement where a serious ground of invalidity exists and enforcement would cause manifestly excessive consequences.

The opposition deadline is fifteen days, and it is fatal. Article R. 133-3 continues: “Le débiteur peut former opposition par inscription au secrétariat du tribunal compétent dans le ressort duquel il est domicilié ou pour les débiteurs domiciliés à l’étranger, au secrétariat du tribunal compétent dans le ressort de l’organisme créancier par lettre recommandée avec demande d’avis de réception adressée au secrétariat dudit tribunal dans les quinze jours à compter de la notification ou de la signification.” A debtor domiciled abroad files by registered letter with acknowledgment of receipt to the court office in the district of the creditor body, within fifteen days of notification or service. The provision adds: “L’opposition doit être motivée ; une copie de la contrainte contestée doit lui être jointe.” The opposition must give reasons and include a copy of the contested contrainte. For a foreign owner this is the single most dangerous deadline in the whole procedure: fifteen days including international post, with no extension for distance stated in the text. In practice, instruct a French lawyer the day the contrainte arrives, have the opposition filed at the court office immediately, and send the registered letter the same day as backup. The court office notifies the collection body within eight days, and the court’s decision on opposition is provisionally enforceable as of right.

Before the judge, the review covers both the contrainte and the mise en demeure behind it. The three Cour de cassation rulings discussed above all arose from oppositions to contraintes, and in each case the court measured the mise en demeure and the contrainte together against the same test: could the company understand the nature, cause and extent of its obligation. In case 23-15.262 the court accepted a contrainte that referred back to mises en demeure identifying the periods, the nature and amount of contributions and surcharges, with deductions for payments, even though the amounts were not broken down contribution by contribution. In case 23-12.107 it likewise held that sums matching identified mises en demeure, which stated the nature and amount per period with deductions for sums paid, satisfied the requirement. Conversely, a contrainte that mentions neither the breakdown nor even the dates of the underlying demands invites annulment, as the lower courts had found before being corrected on the facts. Your opposition brief should therefore attack in this order: first, the contrainte itself, checking the reference, the amount, the opposition deadline notice, the competent court address and the forms of seizure, since any omission there is a nullity; second, each underlying mise en demeure against the four-element test of cause, nature, amount and period; third, the merits, meaning wrong headcount, wrong base, payments not credited, exemption wrongly refused, or prescribed years. Attach everything: the contrainte with proof of service date, each mise en demeure with its own receipt proof, payroll and payment records, and the CRA file if one exists.

One last cross-border warning. An opposition filed late is inadmissible, and a late opposition does not suspend enforcement: the contrainte becomes final and the bailiff proceeds. If the fifteen days have already expired when you discover the letter, do not file a doomed opposition for show; instead, check whether service was actually regular, meaning a valid address, a valid recipient, a provable date, because an irregular service restarts the clock, and simultaneously negotiate a payment schedule while preparing a CRA challenge to any later decision. Companies facing several fronts at once, for example a dismissal dispute alongside the URSSAF claim, should coordinate calendars: our guide on dismissing a first employee in France as a foreign employer shows how employment and contribution disputes feed each other. And founders still structuring their presence should revisit the complete setup guide for foreign founders, from bank account to Kbis to first hire, to prevent the next claim at source.

Conclusion

An URSSAF mise en demeure received by a French company owned from abroad is a thirty-day emergency, not a routine bill. Read the letter against the four mandatory elements of cause, nature, amount and period, and treat any gap as a potential nullity that three 2025 and 2026 rulings of the Cour de cassation define precisely. Pay or schedule payment within the month to halve the complementary surcharge and stop enforcement, stating that payment is without acknowledgement. Seize the CRA within two months of the decision, then the designated tribunal judiciaire within two months of the CRA answer, keeping every receipt. And if a contrainte arrives, oppose within fifteen days at the court of the creditor body by registered letter, with a reasoned brief and a copy of the order. The inspection procedure itself is framed by article R. 243-59 of the Social Security Code, which requires notice of inspection at least thirty days before the inspector’s first visit and a full adversarial exchange, so a company that keeps clean payroll records and answers each stage in writing is never defenceless. Distance complicates, but the law gives the foreign owner the same weapons as a local one, provided a French correspondent holds the calendar from the first registered letter.

Need a quick opinion on your case

Send us your mise en demeure or contrainte today: a telephone consultation within 48 hours with a lawyer of the firm to check the deadlines, the four mandatory elements and the best route, payment, CRA appeal or opposition. Call +33 6 46 60 58 22 or write via the contact page.

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

What our clients say

Janou SAMUEL
3 weeks 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

Translated from French

Paul MALIK (powlo)
3 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.

Translated from French

Reply from the firm

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

Rayan Kallout
4 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!

Translated from French

Reply from the firm

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
4 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.

Translated from French

Reply from the firm

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
4 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.

Translated from French

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
4 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!

Translated from French

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
5 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

Translated from French

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.

chaymaa aouadi
6 months ago

I called upon Maître Reda Kohen, a real estate lawyer in Paris, and I am fully satisfied with his support. Very professional, responsive and attentive. He quickly analyzed my case, clearly explained the legal strategy and effectively defended my interests. Thanks to his expertise and determination, we obtained a very favorable outcome. I highly recommend Maître Kohen to anyone looking for a real estate lawyer in Paris.

Translated from French

Reply from the firm

A big thank you for this feedback. It is exactly this kind of return that gives full meaning to our commitment to real estate law in Paris. Your satisfaction is our best recommendation.