B2B debt collection
Between businesses, an unpaid invoice is first pursued amicably, then in court if necessary. The law gives you levers that few companies use: late payment penalties, a fixed indemnity, fast-track procedures.
A B2B claim is collected in two stages: the amicable phase (reminders, formal notice, payment plan), then the legal phase (payment order (injonction de payer), interim payment proceedings (référé-provision), enforcement by a commissaire de justice (French judicial officer)). On top of the amount due, you can claim late payment penalties, by default 12.40% a year in the second half of 2026, and a €40 fixed indemnity per invoice. The limitation period is 5 years. At Himilco, B2B debt collection costs 10% excl. VAT in the amicable phase and 15% excl. VAT in the legal phase, only on the sums recovered.
What the law gives you between businesses
| Rule | What it provides | Reference |
|---|---|---|
| Maximum payment term | 60 days from the invoice date, or 45 days end of month; 30 days failing agreement | Art. L441-10 I, French Commercial Code |
| Late payment penalties | 12.40% a year by default in the second half of 2026, never less than 8.25% | Art. L441-10 II, French Commercial Code |
| Fixed indemnity | €40 per invoice paid late, without formal notice | Art. D441-5, French Commercial Code |
| Limitation period | 5 years from the date the invoice falls due | Art. L110-4, French Commercial Code |
Penalties and the indemnity accrue automatically from the day after the due date. Rates and calculation are detailed in our article on 2026 late payment penalty rates and in the guide to the €40 fixed indemnity.
The stages of B2B debt collection
- Check the claim and the debtor. The invoice must be owed, for a definite amount and past due, and the claim must not be time-barred. Check the customer's situation too: a company in insolvency proceedings is not pursued like any other. Our Check a company tool gives a first indication.
- Send reminders, then a formal notice. Written and telephone reminders, then a formal notice setting out the principal, penalties and indemnities.
- Negotiate. A signed payment plan settles a large share of cases, without damaging the business relationship.
- Go to court if necessary. A payment order (injonction de payer) for a simple, documented claim, interim payment proceedings (référé-provision) to obtain a judgment quickly, then enforcement by a commissaire de justice, for example a garnishment of a bank account (saisie-attribution).
To compare the two routes, see amicable or legal collection.
What B2B debt collection costs at Himilco
| Phase | Commission | Example on an €8,000 invoice |
|---|---|---|
| Amicable | 10% excl. VAT of the sums recovered | €800 excl. VAT |
| Legal | 15% excl. VAT of the sums recovered | €1,200 excl. VAT, plus the cost of legal deeds |
No set-up fees, no subscription, no minimum amount. If nothing is recovered, nothing is charged. Funds collected are paid out to you on the 25th of the month following collection. Moving to the legal phase only happens with your written agreement. Full details: what debt collection costs.
Special cases
- Customer in compulsory liquidation or receivership: declare your claim to the court-appointed creditors' representative within 2 months of publication in the BODACC. See declaring a claim in compulsory liquidation.
- Customer based abroad: the procedure depends on the country. See international debt collection.
- Construction subcontractor: direct action against the project owner can be added to the usual remedies. See construction debt collection.
Frequently asked questions
How long do you have to recover a claim between businesses?
An action for payment between traders becomes time-barred after 5 years (Article L110-4 of the French Commercial Code), from the date the invoice falls due. An acknowledgement of debt by the debtor, a court claim or an enforcement measure interrupts this period; a simple formal notice does not.
Is a formal notice required to claim late payment penalties?
No. Between businesses, late payment penalties and the €40 fixed indemnity are due automatically from the day after the due date (Article L441-10 of the French Commercial Code). A formal notice is still useful: it formalises the claim and the judge will ask for it if the case goes to court.
What is the maximum payment term between businesses?
The agreed term cannot exceed 60 days from the invoice date, or 45 days end of month if the parties have agreed so. Failing agreement, the term is 30 days after receipt of the goods or performance of the service (Article L441-10 of the French Commercial Code).
How much does B2B debt collection cost at Himilco?
10% excl. VAT of the sums recovered in the amicable phase and 15% excl. VAT in the legal phase. No set-up fees, no subscription, no minimum amount. If nothing is recovered, nothing is charged. In the legal phase, the cost of legal deeds is added, only if you approve going to court.
What should you do if the business customer is in compulsory liquidation?
You must declare your claim to the court-appointed creditors' representative (mandataire judiciaire) within 2 months of the publication of the opening judgment in the BODACC. After this deadline, the claim cannot be asserted in the proceedings. From the opening judgment, the debtor can no longer pay claims that arose before it, and individual enforcement actions are stayed.
One claim, or your whole ledger.
Start with the claim that weighs on you most, or hand us the lot. Either way, five minutes is enough, and you judge us on the results.
Free, with no commitment. You are only charged on the sums we recover.