Late payments by businesses weigh heavily on their cash flow. French law penalises them: failure to comply with payment terms exposes a legal entity to an administrative fine of up to two million euros (Article L. 441-16 of the French Commercial Code (Code de commerce) (in French)), and the penalty decision is published (Article L. 470-2 of the Commercial Code). The law firm Hashtag Avocats in Paris assists clients faced with an unpaid invoice.
What is an unpaid invoice?
An unpaid invoice is a sum of money owed by a customer to a service provider or to a seller, which has not been paid by the due date. This can cause financial problems for the creditor and weaken its own commercial position.
Unpaid invoices can arise for several reasons, such as:
- The customer’s financial difficulties
- A disagreement over the terms of the contract or the quality of the service
- The customer forgetting or neglecting to pay
Why use a lawyer for an unpaid invoice in Paris?
| Reasons | Detailed explanation of each reason |
| Legal expertise | - A lawyer has a command of out-of-court and court-based debt recovery procedures. - They can advise you on the most suitable strategy for your situation. - They draft the necessary legal documents (formal notice, court summons, etc.) and represent you before the court. |
| Saving time and energy | - The lawyer handles all the administrative and court steps. - You do not have to worry about the legal aspects of recovery. - You can focus on your business. |
| Greater effectiveness | - Using a lawyer structures the recovery process and shows the debtor that the claim is serious. - The lawyer brings the proceedings that lead to an enforceable title, such as an order for payment (injonction de payer, Article 1405 of the French Code of Civil Procedure (in French)); enforcement is then entrusted to a commissaire de justice (judicial officer). - They can negotiate an amicable settlement with the debtor. |
| Deductible fees | Lawyer’s fees incurred to recover an unpaid invoice are, in principle, a deductible expense from the business’s taxable profit, provided they are incurred in the interest of the business. |
| Written fee agreement | Lawyers’ fees are freely set: they are agreed with you in a mandatory written fee agreement (Article 10 of Law No. 71-1130 of 31 December 1971 (in French)), which gives you transparency on their cost. |
| Protection of your rights | - The lawyer ensures that your rights are respected throughout the recovery procedure. - They protect you against abuse by the debtor. |
| Confidentiality | Lawyers are bound by professional secrecy. Your exchanges with your lawyer are covered by this secrecy. |
| Preventing unpaid invoices | - The lawyer can advise you on ways to prevent unpaid invoices in the future. - They can draft your general terms and conditions of sale and assist you in negotiating your contracts. |
What are the benefits of using this service?
Using a lawyer who is a debt recovery professional has several benefits:
- It saves time and energy by avoiding taking on the recovery process alone
- Lawyers know the applicable laws well and can maximise the chances of recovering the sums owed
- They can help resolve disputes quickly and efficiently in order to maintain good business relationships
- Their involvement can deter debtors from persisting in their improper conduct and continuing not to pay their invoices
Who is the Hashtag Avocats unpaid invoice service for?
This service is intended for individuals or businesses facing unpaid invoice problems in Paris. It suits all business sectors, such as retail, professional services, real estate, restaurants and others. Whatever the size of the business concerned, Hashtag Avocats can bring its expertise and support.
What criteria should you consider when choosing a lawyer for this matter?
Before choosing a lawyer to handle the recovery of unpaid invoices, consider:
- The lawyer’s experience in debt recovery
- Their communication skills and their ability to work with you as a client
- The fees they charge
- Reviews and testimonials from other clients who have used them to resolve similar problems
How does debt recovery work with Hashtag Avocats?
With Hashtag Avocats, the process of recovering unpaid invoices follows several key steps:
Assessment of the case and preparation of a tailored strategy
Our lawyers examine your case thoroughly and identify the most suitable approach to recover the sums owed. This may include negotiation with the debtor, mediation or bringing court proceedings.
Implementing the recovery strategy
They implement the agreed strategy to maximise the chances of success in collecting the funds owed. This may involve actions such as drafting formal letters, attending negotiation meetings, preparing the appropriate legal documents and representation before the court if necessary.
Monitoring results and adjusting the strategy
Our lawyers monitor the progress of the debt recovery and are able to adjust their strategy as needed to maximise the chances of recovering the funds owed. This may include assessing new information or circumstances concerning the debtor, and using different tactics if the first ones do not produce the expected results.
Limiting late payments
Late payments can have several causes. They can depend on the payment terms of an invoice, or on an invoice payment period that was poorly set at the outset.
The first way to limit late payments is to build a solid legal framework for the contractual relationship with a customer:
- Drafting precise general terms and conditions of sale
- Including clauses that specify payment terms and the rules applicable in the event of delay or temporary difficulty (clauses on surcharges, penalties or mediation mechanisms)
Recover outstanding sums in practice
Using a lawyer can speed up the recovery of a debt and therefore improve your cash position. Several methods exist, varying in the intensity and complexity of the procedure.
- Amicable recovery is a first step made up of phone calls and amicable reminders. A conversation with the opposing party’s lawyer also helps build bridges between two parties in dispute.
- Recovery through the courts may then follow, in particular through an order for payment, a summons for payment or the use of protective measures.
For all these steps, a lawyer’s assistance is an asset.
What happens if unpaid invoices cannot be recovered?
Even though we work diligently to recover unpaid invoices, there are situations where this is not possible. In these cases, our lawyers can continue to advise on the alternative options available, such as negotiating a partial payment solution or other measures.
Using a lawyer is an option to consider for clients facing debt recovery problems. With a tailored approach, your business can maximise its chances of recovering the funds owed and thus strengthening its financial position.
Every situation is different: the information on this page is general and does not replace legal advice tailored to your case. The firm makes no promise of outcome; it commits to the means it deploys.
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Further reading