As a freelancer working in France, your cash flow is your oxygen. Yet, nearly 30% of B2B invoices in France are paid late, according to the Banque de France Payment Delays Observatory (Observatoire des delais de paiement, 2024 annual report). What do you do when the due date has passed? This guide gives you the keys, email templates, penalty calculations and legal options to follow up professionally -- with a particular focus on French law for international freelancers and expats.
1. Don't panic (or get angry)
Before firing off an angry email, take a breath. In about 80% of cases, a late payment is not a deliberate act. It is simply a client oversight, a lost email, or a slow internal approval process. Your first reminder should always assume it is an honest mistake.
That said, understanding your legal rights is essential. France has some of the strongest creditor protection laws in Europe, and as a freelancer -- whether you are an auto-entrepreneur, in a profession liberale, or operating through a SASU -- you are fully entitled to enforce them.
2. Understanding French late payment law
If you are a freelancer based in France (or invoicing French clients), several key legal provisions protect you. Knowing them strengthens your position and makes your reminders more effective.
Maximum payment terms (LME 2008)
The Loi de Modernisation de l'Economie (LME) of August 4, 2008 caps payment terms at 60 calendar days from the invoice date, or 45 days end-of-month if agreed upon between the parties. If no payment term is specified on the invoice, the legal default is 30 days from delivery of goods or completion of the service. These limits apply to all B2B transactions in France -- no client can impose longer terms.
Automatic late-payment penalties (Article L441-10, Commercial Code)
Late-payment interest is owed automatically from the day after the due date, without any reminder being necessary. The minimum legal rate is 3 times the legal interest rate in force. Many businesses apply the ECB refinancing rate plus 10 percentage points, which is the default rate under the Commercial Code if no rate is specified on the invoice. These penalties apply by right (de plein droit), meaning the debtor owes them even if you do not explicitly claim them.
The 40-euro statutory recovery fee (Article D441-5)
In addition to late-payment interest, every professional debtor automatically owes a fixed indemnity of 40 euros for recovery costs. This amount is owed per invoice, not per reminder. It applies to all B2B transactions and must be mentioned on every invoice you issue. If your actual recovery costs exceed 40 euros, you can claim the difference with supporting evidence.
3. The perfect reminder timing: 3 templates
A structured escalation strategy is far more effective than a single angry email. Here are three templates covering the full progression, from friendly nudge to formal demand.
Template 1: Friendly reminder (Day+3)
Subject: Follow-up on invoice [Number] - [Your name]
Hi [First Name],
I hope you're doing well.
I'm reaching out because, unless I'm mistaken, I haven't received payment for invoice [Number] in the amount of [Amount] EUR, which was due on [Date].
I've attached a copy of the invoice for your convenience.
If the transfer has already been made, please disregard this email.
Have a great day,
[Your signature]
Template 2: Firm reminder (Day+15)
Subject: Second reminder - Invoice [Number] overdue since [Date]
Dear [First Name],
Further to my previous email, I note that invoice [Number] in the amount of [Amount] EUR, due on [Due Date], remains unpaid as of today.
As a reminder, under Articles L441-10 and D441-5 of the French Commercial Code, late-payment penalties and a fixed recovery indemnity of 40 EUR are applicable from the day following the due date.
Could you please confirm a specific payment date at your earliest convenience?
I remain at your disposal should there be any issue with this invoice.
Kind regards,
[Your signature]
Template 3: Formal notice / Mise en demeure (Day+30)
Subject: MISE EN DEMEURE - Invoice [Number]
[Your full name and address]
[Client full name/company and address]
[City], [Date]
Sent by registered mail with acknowledgment of receipt (LRAR)
Dear [Client Name],
Despite my previous reminders of [dates], invoice [Number] in the amount of [Amount] EUR, issued on [Issue Date] and due on [Due Date], remains unpaid.
By this letter, I formally put you on notice (mise en demeure) to pay the outstanding amount within 8 (eight) days of receipt of this letter.
In accordance with Articles L441-10 and D441-5 of the French Commercial Code, late-payment penalties at the rate of [X]% and the fixed recovery indemnity of 40 EUR are now applicable.
Failing payment within the stated deadline, I reserve the right to pursue all available legal remedies, including but not limited to an injonction de payer before the competent tribunal.
Sincerely,
[Your signature]
The formal notice (mise en demeure) should always be sent by lettre recommandee avec accuse de reception (LRAR -- registered mail with acknowledgment of receipt). This is the only way to prove that the debtor received it, which is critical if you later need to go to court. The mise en demeure formally triggers late-payment interest under Article 1344 of the French Civil Code.
4. Calculating late payment penalties
French law provides a clear formula for calculating late-payment interest. Here is how it works:
Late-payment penalty formula
Penalty = (Invoice amount x ECB refinancing rate x 3) / 365 x Number of days late
For example, if the ECB refinancing rate is 4.25% and a 2,000 EUR invoice is 20 days late:
Penalty = (2,000 x 0.0425 x 3) / 365 x 20 = 13.97 EUR
Plus the fixed 40 EUR recovery indemnity = 53.97 EUR total.
Note: Many contracts specify the ECB rate + 10 percentage points as the penalty rate, which is the default under the Commercial Code. Always check what rate is stated on your invoice.
5. Automation: your best ally
Maintaining a spreadsheet to track who has paid and who needs a reminder is mentally exhausting. To preserve your sanity and your professional image (an automated reminder always feels less "personal" and less aggressive than a manual one), automation is key.
With a tool like Dokta, this mental burden disappears. The platform connects to your bank, detects late payments in real time, and prepares reminder drafts for you. You approve with one click. The entire escalation sequence -- from friendly nudge to firm reminder -- runs automatically, stopping the moment payment is detected.
6. When reminders fail: legal options in France
If your three rounds of reminders and formal notice have not produced results, France offers several legal recourse options. Here is a practical overview for freelancers.
Injonction de payer (payment order)
This is the fastest and cheapest legal option. You file a request (requete) with the competent tribunal (tribunal de commerce for B2B disputes) along with your supporting documents (invoice, contract, reminders, mise en demeure). The judge issues an order without a hearing. If granted, you have the order served on the debtor by a commissaire de justice (formerly huissier). The debtor has one month to contest. If they do not, the order becomes enforceable. Court fees are minimal (around 35 EUR for filing).
Small claims and simplified procedures
For debts under 5,000 EUR, a simplified recovery procedure exists that can be handled entirely by a commissaire de justice, without going to court. This is often faster and well-suited for freelancers dealing with smaller invoices.
Mediation
Before going to court, you can also try mediation through organizations like the CMAP (Centre de Mediation et d'Arbitrage de Paris) or your local CCI (Chambre de Commerce et d'Industrie). Mediation is faster, less adversarial, and often preserves the business relationship. Some contracts include mandatory mediation clauses.
FAQ: Unpaid invoice reminders for freelancers in France
Q: How many days before an invoice is considered overdue in France?
A: An invoice is considered overdue the day after its due date. If no payment deadline is specified, the legal default is 30 days from delivery or service completion (Article L441-10, Commercial Code). The maximum contractual term is 60 calendar days from the invoice date under the LME law of 2008.
Q: Can I charge late payment penalties as a freelancer?
A: Yes. Late-payment penalties are owed automatically from the day after the due date, without any reminder needed. The minimum rate is 3 times the legal interest rate. Plus, a fixed 40 EUR recovery indemnity is owed by any professional debtor (Article D441-5). These apply to all B2B transactions, including freelancers and auto-entrepreneurs.
Q: What is a mise en demeure and when should I send one?
A: A mise en demeure is a formal legal letter demanding payment within a specified deadline. It triggers statutory interest under Article 1344 of the Civil Code and is a prerequisite for most court proceedings. Send one after friendly reminders fail, typically around Day+30. It must be sent by registered mail (LRAR) and must contain the words "mise en demeure" explicitly.
Q: Can I hire a debt collection agency in France?
A: Yes. Debt collection agencies operate legally in France and charge between 10% and 25% of recovered amounts. Alternatively, a commissaire de justice (formerly huissier) can serve formal notices and initiate injonction de payer proceedings. For debts under 5,000 EUR, simplified procedures exist.
Q: How to prevent late payments upfront?
A: Include clear payment terms on every invoice (deadline, penalties, 40 EUR recovery fee). Request advance payments (30-50%) for new clients or large projects. Use invoicing software with automatic reminders. Set up bank reconciliation to detect late payments immediately. For first-time clients, consider shorter terms (due on receipt or Net 15). For a complete guide on invoicing in France, see our auto-entrepreneur invoice guide.