What is a French "mise en demeure"?
A mise en demeure (literally "putting on formal notice") is the formal pre-litigation step under French civil law. Under Article 1344 of the French Civil Code, a debtor is put on notice by a formal demand or any act that clearly calls on them to pay (or, if the contract so provides, by the mere fact that payment is due). Under general civil law, statutory interest only runs from that notice (Art. 1344-1). Between businesses, however, where French law governs the contract, late-payment penalties and the €40 recovery indemnity are owed automatically from the day after the due date, without any notice (Art. L.441-10 of the French Commercial Code). If your contract is governed by another law, that law must be checked first.
In practice, a formal notice is a registered letter (with acknowledgement of receipt) sent by the creditor or their lawyer to the debtor, demanding payment of an outstanding sum within a stated deadline (typically 8 days), and warning of the legal consequences if the debt is not paid.
When sent by a Paris Bar attorney on official letterhead, the formal notice carries dramatically more weight. The debtor understands that:
- A French lawyer is actively mandated on the case
- Court action is the next predictable step
- Late-payment penalties and the €40 statutory recovery indemnity (where French law governs the contract) will be claimed on top of the principal, and in court, legal costs and attorney fees (Art. 700 CPC) will be claimed too
Roughly 30% of cases settle at this stage, without further court action. For a €189 flat fee, the formal notice is by far the most cost-effective step you can take.
Process — what happens when you order
- You submit your case via our online form (5 fields). We respond within 1 business hour.
- Eligibility check by Maître Bensimhon (claim certain, liquid, due, supporting documents adequate).
- Drafting of the formal notice in French, motivated by reference to the contract and applicable provisions of the Civil and Commercial Codes.
- Signature by the attorney on Paris Bar letterhead.
- Physical registered mail sent the same day or the next morning, with acknowledgement of receipt.
- You receive a PDF copy, plus the tracking number and acknowledgement of receipt once returned.
- If the debtor pays within 8 days: case closed, you have your money.
- If not: we propose the most appropriate next step (payment order, EAPO, summary proceedings for an interim payment (référé-provision), or full proceedings).
Pricing
VAT (20%) applies to clients located in France. EU B2B clients with a valid VAT ID can be invoiced under the reverse-charge mechanism (no VAT). Non-EU clients (US, UK, Canada, etc.) are not subject to French VAT.
The €40 statutory recovery indemnity and accrued late-payment penalties are added to the debtor's bill, not yours. Where French law governs the contract, they are recoverable under Art. L.441-10 of the French Commercial Code.
Frequently asked questions
You can absolutely send a notice yourself — and many of our clients have, before contacting us. The reason a notice by an attorney matters is signalling: the debtor instantly understands that court action is no longer a vague threat but a concrete next step. The settlement rate is markedly higher: a creditor's own letter rarely obtains more than 15-20% favourable responses, versus around 30% for an attorney's letter.
The signed contract or signed purchase order, all unpaid invoices, proof of delivery / completion (POD, signed acceptance, deliverables), and ideally any prior emails where the debtor acknowledged the debt or promised payment. The stronger the file, the stronger the notice — and the more credible the threat of court action.
Yes. Whether your debtor is a SARL, SAS, SASU, EURL, SCI or sole trader, the procedure is identical. We pull the debtor's official records from the French commercial registry (RCS / SIRENE) to ensure the notice is sent to the right legal entity and registered office.
You then have a clean record showing a formal notice was sent, received, and ignored. From there, you can move straight to the next steps: payment order (injonction de payer) for a contractual debt of a fixed amount (Art. 1405 CPC), best suited when the debt is not disputed, summary proceedings for an interim payment (référé-provision) if the debt is not seriously contestable, or a full action on the merits. Between businesses, and where French law governs the contract, late-payment penalties and the €40 statutory indemnity are owed from the day after the due date, even without a formal notice (Art. L.441-10 of the French Commercial Code). In court, we also claim your attorney fees under Art. 700 CPC; the amount awarded is set by the judge.
No. We act for creditors based anywhere in the world. The procedure is fully digital on your side. The only French element is the attorney's letterhead and the registered mail to the French debtor.
Yes. Below this threshold, the cost-to-recovery ratio rarely makes sense. We will tell you transparently if your case falls below the threshold — we don't take cases we cannot serve well.
The formal notice itself is drafted in French (this is the language of the relevant French law, Bar letterhead, and recipient). However, we provide you with a complete English translation of the letter and all communications with you are conducted in English.
The letter is dispatched within 24 business hours of you sending us a complete file. French registered mail with acknowledgement of receipt is usually delivered within a few business days, but the date of receipt depends on when the debtor actually receives or collects the letter. The 8-day deadline runs from the date the debtor receives the letter (acknowledgement of receipt).
The formal notice itself can still be sent — it is a pre-litigation step that does not engage any court yet. The jurisdiction clause matters only if the debtor doesn't pay and you decide to escalate. In that case, we will discuss whether French summary procedures (faster, cheaper) remain an option, or whether the dispute must be brought in the agreed forum.
Each formal notice is bespoke to the case. After we accept your file, you receive a draft for review before signature and dispatch — so you see and approve the exact text before it leaves the office.
Order a formal notice
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