The order for payment: recovering an unpaid debt without a trial

Published on 09/07/2026

An invoice never settled, unpaid rent, a loan between individuals that is not being repaid: rather than a long and costly trial, French law offers a quick route, the order for payment (injonction de payer). Here, in a documentary way, is how this procedure works — the debts concerned, the right court, the process, the cost and what happens if the debtor contests.

A simplified and quick procedure

The order for payment is a simplified procedure and, at the outset, non-adversarial: you refer the matter to the judge alone by application, without your debtor being heard. The judge rules on the documents; if the judge finds in your favour, they issue an order for payment (ordonnance portant injonction de payer) which, once served on the debtor and not contested, stands as an enforceable title — that is, it allows a seizure. The debtor, for their part, will be able to defend themselves only afterwards, by lodging an opposition.

Which debts can be recovered?

Article 1405 of the Code of Civil Procedure reserves the procedure for debts whose origin and amount are clear:

"The recovery of a debt may be sought under the order for payment procedure where: 1° The debt has a contractual cause or results from an obligation of a statutory character and amounts to a determined sum […]"

In practice: an unpaid invoice, a rent, a loan, an acknowledgement of debt. The debt must be certain and not seriously contestable — the order for payment is not designed to settle a substantive dispute over the very existence of the debt.

Before applying: the formal notice

It is strongly advised to first send the debtor a formal notice (mise en demeure): it sets interest running, records the refusal to pay and strengthens your file. Very often, it is enough to unblock the situation. See our guide The formal notice. Keep proof of it: it will be one of the documents in your application.

Which court to apply to?

The court depends on the nature of the debt (Article 1406 of the Code of Civil Procedure):

the protection litigation judge (juge des contentieux de la protection) for residential rent and consumer credit;
the president of the judicial court for other civil debts;
the commercial court when the debt is commercial (between traders or companies).

Territorial jurisdiction is a matter of public policy: it is the court of the place where the debtor resides — this cannot be departed from by a contractual clause.

How to file the application

The application is made by petition, using a Cerfa form, together with the statement of the sum claimed and a schedule of supporting documents (contract, invoices, formal notice, payment history), documents to be attached (Article 1407 of the Code of Civil Procedure):

Cerfa No. 12948*06 before the president of the judicial court;
Cerfa No. 16040*01 before the protection litigation judge (rent, consumer credit);
before the commercial court, the application is most often filed online.

The process: from order to enforcement

The judge examines your file without a hearing and, if the application is granted, issues an order for payment, now bearing the enforcement formula from the moment it is pronounced.
You have this order served (signifiée) on the debtor by a commissaire de justice (the former "bailiff"). Watch the time limit: service must take place, on pain of lapse, within six months — reduced to three months for orders issued from 1 September 2026 (reform of the Decree of 16 February 2026) — Article 1411 of the Code of Civil Procedure.
The debtor then has one month to lodge an opposition (Article 1416).
Failing opposition, the order takes full effect: you may begin forced enforcement (seizure) through a commissaire de justice.

If the debtor contests: the opposition

The opposition shifts the matter to a classic adversarial procedure: the court is then seised of the whole dispute (Article 1417), the parties are summoned to a hearing, and the judgment replaces the order (Article 1420). It is therefore better that your file be solid from the outset.

How much does it cost?

⚠️ The order-for-payment application before the judicial court is free: it even escapes the 50 € contribution introduced on 1 March 2026 for other civil applications. What remains at your charge are the service and enforcement fees of the commissaire de justice. Before the commercial court, registry fees of about 33.47 € apply. Subject to income conditions, legal aid can cover part of the costs (a lawyer is not mandatory for the application).

A successful order for payment rests on a clean file: the contract or purchase order, the invoices, the formal notice, the statement of sums due. Gathering and dating these documents, and keeping a record of them, is precisely what Aridelle is designed to make easier. See also Keeping a timeline of events.

For any individual situation, turn to a lawyer, a commissaire de justice, a point-justice or Allô Service Public (3939).