The reality of cross-border debt recovery in France
If you are not based in France and a French company owes you money, you face three specific obstacles:
- Distance and language. French court procedures are entirely in French. Court documents, formal pleadings, and judgments are produced in French.
- Unfamiliar procedures. French civil procedure has its own logic — different from common-law adversarial procedures. The role of the judge, the use of written submissions over oral argument, and the speed of "fast-track" procedures may surprise you.
- Coordination with judicial officers. Enforcement in France goes through commissaires de justice (formerly huissiers). They are not the equivalent of a US sheriff or marshal — they have a much broader monopoly on official document service and enforcement.
The good news: none of this has to be your problem. Our role is to absorb that complexity. You submit your case in English, in your timezone, and we run the French side of the procedure.
Which procedure for which case
Three categories of foreign creditors face very different path options.
You are an EU member-state creditor
You have access to the full European cross-border toolkit:
- European Account Preservation Order (Reg. 655/2014) — freeze French bank accounts before judgment
- European Payment Order (Reg. 1896/2006) — get an EU-wide enforceable order, no exequatur needed
- European Order for Small Claims (Reg. 861/2007) — for claims up to €5,000 (rarely used by us, given our minimum threshold)
- Standard French national procedures (often the most efficient when assets are clearly in France)
You are a UK creditor (post-Brexit)
You lost EAPO and EPO access after Brexit. Your toolkit is now:
- French saisie conservatoire — the national equivalent of EAPO, slightly different formalities
- French injonction de payer (payment order) — same procedure as before
- French summary judgment / full proceedings — unchanged by Brexit
- Recognition of UK judgments in France: now via the 2007 Lugano Convention if applicable, or via the 2005 Hague Convention on Choice of Court Agreements, or via French common law on recognition of foreign judgments. We assess case-by-case.
You are a US, Canadian, Australian or non-EU creditor
EU regulations do not apply, but the substantive French toolkit is still fully accessible:
- Formal notice by Paris Bar attorney (€189 ex VAT)
- Standard French saisie conservatoire for asset preservation
- Standard French payment order, summary judgment, full proceedings
- If you already have a US / Canadian / Australian judgment, recognition in France via French common law (more nuanced and case-specific than EU procedures)
The escalating playbook for B2B debt recovery in France
- Formal notice by attorney — €189 ex VAT, 24-hour drafting and dispatch. ~40% settlement rate. Details →
- Asset preservation if there is dissipation risk — EAPO for EU creditors, French saisie conservatoire for non-EU. 5-7 days to active freeze.
- Payment order for undisputed claims — injonction de payer. Enforceable order in 2-3 months.
- Summary judgment if the debtor is contesting in bad faith — référé provision. Hearing in 2-6 weeks, immediately enforceable order.
- Full action on the merits if there is a serious dispute — assignation au fond. Final judgment in 12-24 months.
- Enforcement via French judicial officer — bank garnishment, asset seizure, mortgage on real estate.
What we need from you to start
The 5 documents that move every B2B recovery file forward:
- The signed contract or signed purchase order
- All unpaid invoices
- Proof of delivery or proof of completion (signed acceptance, deliverables, screenshots, emails confirming acceptance)
- Any email or written exchange showing the debtor's awareness of the debt (acknowledgements, partial payments, payment promises, pretexts for delay)
- The debtor's full corporate name (we'll pull the SIRET / RCS records ourselves)
If you have a jurisdiction clause pointing somewhere other than France, send it too — it changes the analysis but rarely closes the door entirely.
Tell us about your cross-border case
Outline your situation — Maître Bensimhon will reply personally within 1 business hour with a path recommendation.
Reply within 1 business hour