What a late client really owes you

Checked on October 1, 2026Free, no account

Against a business, late payment penalties have been running since the due date with no reminder needed, and €40 is added per invoice. Against an individual, none of that exists.

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Your invoice

Who owes you money?

This is the question that decides everything: late payment penalties and the €40 fee only exist between businesses.

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Information verified on October 1, 2026. Document composed from the model published by the French authorities, and dated. It is not legal advice: you remain responsible for the accuracy of what you declare and sign.

Official sources (7)

The official pages where we read the rules and amounts applied here.

  • service-public.gouv.fr : Between businesses: late payment penalties from the day after the due date, without reminder, at least three times the legal rate, otherwise the ECB rate plus 10 points ; Fixed debt recovery fee: €40 per invoice paid late, between businesses
  • Légifrance, code de commerce L. 441-10 : Between businesses: late payment penalties from the day after the due date, without reminder, at least three times the legal rate, otherwise the ECB rate plus 10 points
  • Légifrance, code de commerce D. 441-5 : Fixed debt recovery fee: €40 per invoice paid late, between businesses
  • service-public.gouv.fr : Legal interest rate for the second half of 2026: 2.75% for a business creditor, 6.84% for an individual
  • Légifrance, arrêté du 26 juin 2026 : Legal interest rate for the second half of 2026: 2.75% for a business creditor, 6.84% for an individual
  • service-public.gouv.fr : Formal notice: by registered letter with a sufficient demand, or by the contract when the due date alone counts as notice
  • Légifrance, code civil 1344 à 1345-3 : Formal notice: by registered letter with a sufficient demand, or by the contract when the due date alone counts as notice

What you can claim, and from whom

Between businesses, penalties run without you lifting a finger

Article L. 441-10 of the commercial code is unambiguous: late payment penalties are due with no reminder needed, from the day after the payment date. You do not have to have claimed them, or even thought about them: they are yours. As for the rate:

  • It is the one in your terms of sale.
  • Failing that, it is the European Central Bank's main rate plus ten points, that is 12.40% today.
  • A clause dropping below three times the statutory rate, 8.25%, is treated as unwritten: the floor applies instead.

The €40 almost nobody claims

Article D. 441-5 adds a flat fee of €40 for recovery costs. Three things to know about it:

  • It is owed as of right, like the penalties: nothing to ask for, nothing to justify.
  • It counts per invoice, not per client. Five late invoices from the same customer means €200.
  • Its amount must already appear on your invoices and in your terms of sale, among the compulsory particulars of article L. 441-9.

With an individual, no penalties, only interest

The commercial code only governs relations between businesses. A private client owes you neither penalties nor the €40 fee, and claiming those sums would weaken your case. Article 1344-1 of the civil code applies instead: the formal demand sets off interest at the statutory rate, 2.75% a year for a professional creditor, from the day they receive it. One exception: if your quote or your terms say the due date alone serves as formal notice, as article 1344 allows, interest runs from the due date.

How long do you have to act?

You have five years to act against a business, but only two years against an individual, under article L. 218-2 of the consumer code, a period your terms and conditions cannot extend. And these periods run from the end of your work, not from the invoice date or its due date: that is how the Cour de cassation rules, unless the contract or the law says otherwise. After that, the debt still exists, but your client need only raise the limitation period to pay nothing. Note that a formal demand does not interrupt that period. Court action, a protective measure or an acknowledgement of the debt by your client does.

What you can claim, depending on your client
What you claimA businessAn individual
The invoice principalFrom the day after the due dateFrom the day after the due date
Late payment penaltiesAs of right, since the due dateNothing
Interest at the statutory rateNot applicable, penalties replace itFrom the letter, or from the due date if the contract says so
The €40 flat feeAs of right, per invoiceNothing
The time left to go to court5 years from the end of the work2 years from the end of the work

Rates recorded on 8 September 2026: statutory rate 2.75% for a professional creditor, European Central Bank main rate 2.40%. They are reset on 1 January and 1 July, and we update them every six months.

A worked example

Hélène was claiming €3,200, she could have claimed over €3,400

  1. Hélène, a graphic designer, delivered a visual identity to an agency in February. A €3,200 invoice, payable within thirty days, due on 15 March.

  2. By the end of August, still nothing. She sends a letter template found online, politely asking for the €3,200.

  3. Yet her terms of sale set a rate of 12%: over 168 days of delay, that is €176.75 in penalties.

  4. And the €40 fee had been hers since 16 March, without her having to ask for anything.

Hélène left over two hundred euros on the table. And the agency learned that it could pay this invoice late without it costing a cent.

Your client is a business

  • Claim the principal, the penalties and the €40 in the same letter. All three are due on the same footing.

  • Send it by registered post with acknowledgement of receipt, and keep the acknowledgement. It proves the date of receipt.

  • After fifteen days with no payment, the payment order application is filed without a lawyer: with the commercial court if the debt arises from a commercial transaction between traders, with the judicial court otherwise, for instance if your client is a liberal professional.

  • You have five years from the end of your work to go to court, and the letter does not stop that clock: court action or an acknowledgement of the debt by your client interrupts it.

Your client is an individual

  • Claim neither penalties nor the €40 fee. They do not exist in this relationship, and asking for them works against you.

  • Unless your quote says otherwise, the letter starts interest at the statutory rate from the day it is received, so send it without waiting.

  • The payment order is then filed with the judicial court where your client lives, not the commercial court.

  • You only have two years from the end of your work, not from the invoice. After that, your client need only raise the limitation period to pay nothing.

Your questions answered

Can I claim penalties if my terms of sale set none?

Between businesses, late payment penalties are owed as of right, even if your terms of sale set none. The law then applies a default rate equal to the European Central Bank's main rate plus ten points, 12.40% in the second half of 2026. Your terms of sale only serve to set a different rate, provided it does not drop below 8.25%.

Is the €40 claimed once per client or per invoice?

The €40 flat recovery fee is claimed per invoice, not per client. Three unpaid invoices from the same client means three €40 fees, that is €120. The fee covers your recovery costs on a flat-rate basis; if those costs genuinely exceed €40, you can ask for the difference, but you then have to evidence them.

Is a formal demand compulsory before going to court?

A formal demand is not required as such before going to court, but it is almost always expected: it proves you asked, it dates your claim, and for a private client it starts interest running, unless your contract starts it from the due date. Without it, your payment order file goes in with one document missing.

How much does a payment order cost?

An application for a payment order is free before the judicial court and costs around thirty euros in registry fees before the commercial court. It is made in writing, with no hearing and no lawyer; if your client files an objection before the judicial court for more than €10,000, a lawyer becomes compulsory. The real cost comes afterwards: the order must be served by a commissioner of justice within six months, and that service is paid for.

My client disputes the invoice, is the formal demand still of any use?

Even when your client disputes the invoice, the formal demand is still of use, but its role changes: it forces you to set out in writing what you are claiming and on what basis, and their reply will tell you whether the dispute is about the amount, the work, or nothing at all. A payment order, on the other hand, only suits debts that are not seriously disputed: if the dispute holds up, you will need a full claim instead.

When does the time limit for acting start?

The time limit for acting against a client who does not pay runs, in principle, from the end of your work. For the Cour de cassation, the obligation to pay arises when the work ordered has been carried out: the five-year period against a business, or the two-year period against an individual, runs from that day, unless the contract or the law provides otherwise. Neither the invoice date nor its due date pushes it back: an invoice issued late extends nothing.

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