Formal Notice to Pay
The mise en demeure (formal notice) to pay is the act by which a creditor officially demands that their debtor pay a sum of money within a set deadline. Under article 1344 of the Code civil (French Civil Code), it may take the form of a letter containing a sufficient demand. From this formal notice, the default interest provided for by article 1231-6 of the Code civil begins to run. This act also serves as proof of the creditor's diligence should the matter later be brought before a judge. This form is in English, but the document is generated in French, ready to sign and use in France.
Note: the questionnaire is in English; the generated document is in French.
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Frequently asked questions
Must the formal notice be sent by registered mail?
No formal requirement is imposed by article 1344 of the Code civil (French Civil Code): any sufficient demand qualifies as a mise en demeure (formal notice). Nonetheless, sending it by lettre recommandee (registered mail) with acknowledgment of receipt is strongly advised in order to keep proof of the date and of receipt by the debtor.
From when does default interest start to run?
Under article 1231-6 of the Code civil, interest compensating for the harm caused by late payment of a sum of money runs only from the mise en demeure (formal notice) of the debtor. It is therefore the date of sending (or receipt) of this letter that sets the starting point of the interest.
What if the debtor does not respond within the granted deadline?
If the debtor does not comply within the set deadline, the creditor may bring the matter before the competent court (injunction to pay, interim payment order or action on the merits, depending on the amounts and the nature of the debt). The formal notice will then be the key document in the case file.
Can this letter be used between individuals and between businesses?
Yes. The formal notice regime provided for by the Code civil applies both to relationships between individuals and to business relationships. For commercial debts between businesses, the late-payment penalties provided for by article L441-10 of the Code de commerce (French Commercial Code) may also apply.
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