Unpaid invoices: 4 legal levers to recover your claims effectively
This article discusses the importance of dispute prevention in business.
Unpaid bills are a reality for many businesses. What to do when an invoice remains unanswered despite several reminders? How do you get your money back while maintaining, if possible, good relationships with your customer? Here is an overview of the 4 most used legal levers to manage unpaid bills.
1. Amicable recovery 🔹
Amicable recovery is often the first step to consider. It is based on structured reminders and a formal framework that maintains business relationships.
- Structured written reminders
Write clear and professional reminder letters to remind you of the debt and ask for its payment. - Formal formal notice with a clear deadline
If no response is given after reminders, a formal notice of default is sent. It is a warning before moving on to more stringent measures.
📌 Why use it?
The formal notice often makes it possible to unblock the situation without having to initiate legal proceedings. It is also essential to take the next step in case of non-payment.
2. The order to pay 🔹
An order for payment is a simple and quick legal procedure. It makes it possible to obtain a court decision without a hearing, under certain conditions.
- Quick and easy procedure
An injunction to pay is used for clear, uncontested claims. The decision is made on the record, without the need for a hearing. - No opposition from the debtor
If the debtor does not object to the proceedings, the decision is issued promptly and enforcement may be forced.
📌 Why use it?
Ideal for uncontested claims, it is fast and does not require court appearances.
3. The favorite 🔹
The summary procedure is an emergency procedure that allows a quick decision to be obtained in a few weeks.
- Emergency procedure
This procedure is used when the claim is not seriously contested and there is an urgent need for a decision. - Prompt enforceable decision
The decision rendered is enforceable immediately, which allows the debt to be recovered as soon as possible.
📌 Why use it?
It makes it possible to quickly obtain a decision, even if it is provisional, and can have a strong impact on the rest of the negotiations.
4. The assignment at the bottom 🔹
Assignment to the merits is the classic procedure for contested claims or when an important issue is at stake.
- Full adversarial procedure
This procedure allows for a genuine trial to be initiated, with the possibility for both parties to defend their positions before the judge. - Final decision, but long deadlines
This procedure may take several years before reaching a first decision, but it is necessary when the claim is seriously contested.
📌 Why use it?
It is essential for contested claims and when the stakes are high, even if it involves longer deadlines.
Conclusion: what strategy for what type of non-payment?
Each unpaid situation requires a specific approach. It is not simply a matter of “filing a lawsuit”, but of choosing the most appropriate procedure to resolve the situation methodically and effectively, while minimizing costs and delays.
The key: act quickly
It is better to take the lead as soon as an unpaid payment appears, in order to maximize your chances of recovery. By choosing the right legal lever, you optimize your chances of recovering your debt while maintaining your commercial relationships.
