A formal notice to pay (mise en demeure) for an unpaid invoice in France

A mise en demeure names the invoice, the amount and the date by which to pay. It puts the debtor in default, unless your contract already says the debtor is in default as soon as payment falls due.

No rule says how much time it must give. The letter gives 8 days by default, which is usual in practice, and you can choose up to 30 days. The signed acknowledgement of receipt from the registered letter is the usual proof that it arrived.

Between businesses, late-payment penalties run from the day after the payment date on the invoice, without any reminder. The rate is the one in your terms of sale or, if they set none, the statutory rate. Each invoice paid late also carries a fixed recovery indemnity of €40. These amounts are due whether or not you write. The letter sets them out and gives a final date.

With a private client there are no commercial penalties and no fixed indemnity. Interest at the legal rate runs from the mise en demeure. The claim also expires sooner: a business's claim against a consumer for goods or services it supplied expires after 2 years, not the 5 years that apply between businesses.

Up to €10,000 you can take the claim to the tribunal judiciaire without a lawyer. Disputes between traders (commerçants), or between artisans, go to the tribunal de commerce. For claims up to a lower threshold, with some exceptions, the tribunal judiciaire first requires you to try conciliation, mediation or a participatory procedure. Without that attempt the claim is inadmissible, and a demand letter alone does not count. Going to a conciliateur de justice is free.

Another route is the injonction de payer: a written application to the court for an order to pay, with no hearing unless the debtor objects. The escalation memo in the Complete pack explains each of these steps, but does not choose one for you.