Debt recovery lawyer Paris: secure a title and get paid.

A payment order (Articles 1405 et seq. of the Code of Civil Procedure) is a fast procedure, non-adversarial at the initial stage, suited to contractual claims that are certain, liquid and due. An urgent application for an interim payment (Article 873 of the Code of Civil Procedure for the commercial court, Article 835 for the judicial court) requires that the claim not be seriously contestable and allows an interim payment within a few weeks. A writ of summons on the merits is needed as soon as there is a serious dispute: the case is investigated and argued, the time needed to obtain judgment is longer, but the decision settles the dispute definitively.

Obligations arising between traders, or between traders and non-traders, are subject to a five-year limitation period (Article L. 110-4 of the Commercial Code), save for shorter special limitation periods. The period runs from the date the claim falls due. A formal notice does not suspend the limitation period; only bringing the matter before a judge or the debtor's acknowledgement of the debt interrupts it. After five years, the claim is in principle extinguished unless a ground of interruption or suspension is validly established.

A formal notice is not required to refer the matter to the urgent applications judge or to apply for a payment order, but it remains strongly recommended. It is proof of the delay, starts default interest running if the contract says nothing on the point, and often settles the dispute without court proceedings. For claims between professionals, Article L. 441-10 of the Commercial Code gives rise as of right, on the due date, to interest at no less than three times the statutory rate and to a fixed indemnity of forty euros.

A claim is due when the payment term has expired and the creditor can therefore demand payment immediately. The claim must also be certain in principle (proof of the triggering event) and liquid in amount (a sum that is determined or determinable from the terms of the contract). An invoice issued without a contractual due date is due on receipt. A claim subject to a condition precedent only becomes due once the condition is met.

The objection is lodged within one month of service of the order (Article 1416 of the Code of Civil Procedure). If service was not made on the debtor in person, the period runs from the first document served in person or from the first enforcement measure making the debtor's assets unavailable. After that period, the order becomes enforceable and may be enforced by any legal means. The objection reopens the case on the merits before the court that made the order (Article 1417 of the Code of Civil Procedure).

Before the president of the commercial court, an urgent application for an interim payment is available where the existence of the obligation is not seriously contestable (Article 873, paragraph 2, of the Code of Civil Procedure). The Commercial Chamber recalls that the urgent applications judge must refuse the interim payment as soon as a serious dispute appears, for example a defence of non-performance supported by the documents (Cass. com., 13 June 2018, No. 17-15.492). The creditor must therefore present a solid file: invoices, delivery notes, acknowledgements of receipt, no formal reservation by the debtor.

Yes, by protective attachment (Article L. 511-1 of the Code of Civil Enforcement Procedures). Anyone whose claim appears well founded in principle may ask the enforcement judge for authorisation to take a protective measure if they show circumstances likely to threaten recovery. The attachment freezes the assets (bank account, claim, company shares) without transferring ownership. The creditor must then bring proceedings on the merits and obtain a title, failing which the attachment is lifted.

The fastest route is a garnishment order on a bank account (Article L. 211-1 of the Code of Civil Enforcement Procedures). It immediately assigns to the creditor the sum seized, up to the amount of the debt owed, from service on the third party holding the funds. Other routes exist depending on the assets: attachment of a claim held by a third party, seizure of company shares and securities, seizure and sale of movable property, seizure of real estate. Enforcement is entrusted to a commissaire de justice, who acts on the basis of the title and the description of the assets to be seized.

Costs vary according to the procedure chosen. A payment order involves limited fiscal stamp and service costs. An urgent application and a writ of summons on the merits involve higher court registry and bailiff costs. Lawyer's fees are set either as a fixed fee (from around €1,200 incl. VAT for a simple payment order) or by time spent (hourly rate for complex cases). Part of the costs may be recovered from the debtor ordered to pay (Article 700 of the Code of Civil Procedure and Article L. 441-10 of the Commercial Code).

Where the creditor and the debtor are both traders, the commercial court has jurisdiction. For a payment order, the application is brought before the president of the commercial court for the place where the debtor lives (Article 1406 of the Code of Civil Procedure). A valid jurisdiction clause may designate another commercial court, provided it was agreed between traders and set out in a very prominent way (Article 48 of the Code of Civil Procedure, Cass. com., 2 October 1985, No. 84-10.156, Bulletin).

The opening of insolvency proceedings stops individual enforcement actions. The creditor must file its claim in the debtor's liabilities within the legal time limit (two months from publication in the BODACC, extended for creditors domiciled abroad). Failing that, the claim cannot be enforced against the proceedings and recovery is compromised. The firm systematically checks the debtor's situation before starting proceedings and files the claim as soon as proceedings open if this happens during the case.

The strongest combination of evidence brings together the contract or the accepted general terms of sale, the invoices issued and proof of performance (signed delivery notes, acceptance report, certificate of service rendered). To this are added dated written reminders (registered letter, email with acknowledgement), any part payments (which amount to an acknowledgement of the debt) and exchanges showing that no objection was raised at the time of delivery. Between traders, evidence is unrestricted (Article L. 110-3 of the Commercial Code).

If the debtor raises a serious dispute, an urgent application for an interim payment is ruled out and a payment order is exposed to a successful objection. It is then necessary to switch to a writ of summons on the merits, where the court examines the facts and the law in detail. The creditor must produce a complete file: proof of the claim, proof of performance, and a reasoned rebuttal of the objections. Protective attachment remains possible in parallel to freeze the assets during the proceedings, provided a threat to recovery is shown.

A penalty clause agreed in the contract or the general terms of sale is in principle applicable, but the judge may reduce it if it is manifestly excessive. The fixed indemnity of forty euros for recovery costs, provided for by Article L. 441-10 of the Commercial Code, is due as of right and without a reminder for any late payment between professionals. Additional compensation may be claimed on proof where the actual costs exceed this fixed sum (notably lawyer's fees and procedural costs).

For a payment order that is not opposed, the title is obtained in four to eight weeks, then enforcement takes a further two to four weeks in the case of a garnishment order on a known account. An urgent application for an interim payment succeeds in five to eight weeks, hearing included. A writ of summons on the merits takes nine to eighteen months depending on the court's calendar. A protective attachment can be authorised within a few days. The firm builds the timetable from the review of the file.