Your questions. Our answers.

Frequently asked questions

Everything you need to know about debt collection, our process, our pricing and the legal framework. If an answer is missing, an adviser is available.

FAQ

The questions people ask us.

Could this damage my relationship with my client?

It is our first concern. We are firm on the amount and courteous in manner. A client in temporary difficulty is still a client, and many cases are settled through a negotiated payment plan. No harassment, no public shaming.

What will I pay, and when?

Nothing at the start, nothing during collection. Our commission is deducted from the sums actually collected, when the funds are paid out, on the 25th of the following month.

What exactly is free?

Creating your account, uploading your invoices online and the analysis of your cases. No bank card, no subscription, no set-up fees, however many claims you hand over to us.

And if you recover nothing?

You owe us nothing. We are bound by an obligation of means, not of result: that is precisely why we are paid only when money is actually recovered. The risk stays with us.

And if the case has to go to court?

Procedural costs then apply: commissaire de justice (French judicial officer), court registry, lawyer. We use our network to obtain the lowest rates, we never commit to anything without your written consent, and we claim these costs from the debtor.

Am I tied in?

No. You end the mandate whenever you decide, with thirty days’ notice and no compensation payable.

My claim is several years old. Is it too late?

Not necessarily. Let us know: we check free of charge, within 24 hours, whether it is still within the time limit. The limitation period is five years against a business and two years against an individual.

My debtor has stopped responding altogether.

This is the most common situation. Ignoring your supplier and ignoring an appointed debt collection agency do not carry the same consequences, and debtors know it.

And if the debtor is genuinely insolvent?

Two situations genuinely block a case: an individual barred from banking (interdit bancaire), and a company in compulsory liquidation. They are rare. When they arise, we tell you so plainly rather than keep hope alive, and you are not charged anything.

Can I hand over several claims at once?

As many as you like, in one go, at no extra cost. Most of our clients hand over several claims from the outset, then send us further ones as they arise.

Is my data protected?

Hosting in France, encryption, GDPR compliance, eIDAS electronic signature.

Cost

How much does debt collection with Himilco cost?

Our fee scale is 100% success-based:
• Amicable phase B2B: 10% excl. VAT
• Amicable phase B2C: 20% excl. VAT
• Legal phase B2B: 15% excl. VAT
• Legal phase B2C: 25% excl. VAT

These percentages apply only to the sums actually recovered. See the pricing page.

Are there hidden fees or subscriptions?

None. No set-up fees, no subscription, no fixed fees. Only the costs of court documents (commissaire de justice, court registry, lawyer) remain payable by you if you approve the move to the legal phase. We make no cash advances.

What happens if you recover nothing?

You pay absolutely nothing. That is the principle of a 100% success-based fee. The risk is borne entirely by Himilco. That is why we review every case and tell you plainly whether it is recoverable.

How and when am I paid?

Recovered funds are paid out to you on the 25th of the month following actual receipt, by bank transfer. You receive a detailed monthly statement showing how the deducted fees were calculated.

The process

How long does it take you to recover a claim?

Amicable phase: between 15 days and 3 months, depending on how quickly the debtor responds. Most cases are resolved within this time.

Legal phase: payment order (injonction de payer) in 6 to 8 weeks, summons on the merits in 3 to 6 months, depending on the courts’ workload.

How does taking on a case work in practice?

6 steps:
1. Case analysis within 24 hours
2. Signing the mandate (online, 5-10 min)
3. Amicable phase: graduated reminders across channels (email, phone, registered letter)
4. Formal notice (mise en demeure) by registered electronic letter with legal effect
5. Legal phase if necessary (with your consent)
6. Recovery: funds paid out on the 25th of the following month

What is the difference between amicable and legal?

Amicable: written and telephone reminders, negotiation, payment plans. No court costs, and the business relationship is preserved. All our collections to date have been obtained at this stage.

Legal: payment order or summons on the merits if the amicable phase fails. Commissaire de justice and court registry fees are payable by you. We move to the legal phase only with your written consent.

Can I follow the progress of my case?

Yes, you receive a progress report by email at each key stage (letter sent, contact made with the debtor, promise to pay, payment received). An online client portal is being rolled out.

Can I hand over a case?

Is there a minimum amount?

We review every case individually based on its recovery potential. No minimum amount is imposed contractually. For several small claims, feel free to contact us for a tailored analysis.

Which claims are eligible?

Your claim must be:
• Certain (acknowledged by the debtor or documented)
• Liquid (a precise amount)
• Due (payment date passed)
• Not time-barred (generally < 5 years)
• Debtor not in insolvency proceedings (receivership or liquidation)

Do you act against debtors abroad?

Yes, we act within the European Union (via the European order for payment) and in certain neighbouring countries. Outside the EU, procedures are more complex and a tailored quote is drawn up.

Which sectors do you cover?

All sectors: construction, transport, restaurants, retail, B2B services, manufacturing, healthcare, property, e-commerce. Our teams adapt to the particulars of each sector (seasonality, trade practices, standard clauses).

What if my debtor is a public body or an individual?

Public body: yes, through a specific procedure via the public accountant and the administrative court.

Individual (B2C): yes, at higher rates (20% amicable, 25% legal), with a procedure compliant with the GDPR and the French Consumer Code.

The contract

What is a mandate of common interest?

It is a legal framework that departs from Article 2004 of the French Civil Code. It aligns our interests with yours (success-based fees) and gives us exclusivity for the duration of the case (6 months max). This protects both parties against unilateral termination without compensation.

Do I have to give you exclusivity?

Yes. For the duration of the mandate, you undertake to:
• Not contact the debtor directly
• Not appoint a competing third party
• Inform us within 72 hours of any direct payment received

In the event of a breach, a 25% penalty clause applies to the sums entrusted.

Can I terminate the mandate?

The mandate is irrevocable. If you decide to end it unilaterally, a fixed termination fee of 5% of the amount incl. VAT of the claims entrusted is payable to cover the work already undertaken.

Which court has jurisdiction in the event of a dispute?

The Paris Commercial Court has exclusive jurisdiction over any dispute. This clause applies even to summary proceedings, third-party claims or cases with several defendants. The contract is governed by French law.

How do I sign the mandate?

100% online in 5-10 minutes: /signer. The process covers qualification, identity, email OTP verification, reading the 13 articles and a handwritten signature. The electronic signature complies with the eIDAS Regulation and Articles 1366-1367 of the French Civil Code (same value as a handwritten signature).

Specific situations

My debtor disputes the claim. What should I do?

We first analyse whether the grounds for the dispute are valid. If the claim is solid (invoice, delivery, signed contract), we continue with the amicable then legal procedure. If not, we advise you on the points to clarify.

My debtor is in insolvency proceedings (receivership or liquidation). What should I do?

We do not act against debtors in receivership or compulsory liquidation. You must file your claim directly with the court-appointed creditors’ representative (mandataire judiciaire) within 2 months of publication in the BODACC (the French official gazette of civil and commercial notices).

My claim dates from 4 years ago. Is it too late?

In France, the limitation period is generally 5 years for commercial claims. If your claim is nearing the deadline, you need to act quickly — every day counts. Contact us immediately.

Can I recover late payment penalties and interest?

Yes. We systematically claim:
• The €40 fixed recovery indemnity per invoice (Art. L441-10 of the French Commercial Code)
• Contractual late payment penalties (or 3× the legal interest rate if none apply)
• The penalty clause if your terms and conditions include one

Can I preserve the business relationship with my client?

Yes. In the amicable phase, our approach is professional and non-aggressive. We favour negotiation, payment plans, even partial discounts. The aim is for your client to pay and for the relationship to remain viable if you wish.

I have no invoice, just a signed quote. Is it recoverable?

Yes, provided the quote is signed by the client with the words "bon pour accord" (approved) and the service or delivery can be proven (emails, purchase invoices, photos, etc.). We review your case individually.

A smiling woman on the phone at her desk

A specific question?

If your situation is not covered in this FAQ, a HIMILCO adviser will reply within 24 hours.