Bill to establish a simplified procedure for recovering undisputed commercial debts
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This French legislative proposal introduces a new out-of-court (déjudiciarisée) procedure designed to allow creditors to recover undisputed commercial debts without initiating full court proceedings. The goal is to reduce the burden on the French judicial system while accelerating cash flow recovery for businesses, particularly SMEs facing delayed payments from commercial counterparts. Under the proposed mechanism, when a commercial debt is not contested by the debtor, creditors can invoke a streamlined administrative or notarial process to obtain an enforceable title, bypassing the traditional injonction de payer or tribunal de commerce route. This aligns France more closely with simplified debt recovery models already in use in other EU member states. The proposal specifically targets non-litigious commercial receivables — meaning debts that are certain, liquid, and due, with no genuine dispute raised by the debtor. It is not intended to apply to contested claims, consumer debts, or disputes involving factual or legal disagreements between parties. If adopted, the law would represent a significant reform to French commercial debt recovery, reducing processing times and legal costs for creditor businesses while providing a clear, predictable framework for debtors to satisfy obligations without court involvement.
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Key Changes
- Creates a new out-of-court (déjudiciarisée) recovery procedure for undisputed commercial debts, bypassing standard court channels
- Creditors can obtain an enforceable title (titre exécutoire) through an administrative or notarial process without filing before a tribunal de commerce
- Procedure is limited strictly to non-contested, certain, liquid, and due commercial receivables — contested or consumer debts are excluded
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Obligations
What this law requires
Creditors must verify that a commercial debt meets the criteria of 'certain, liquid, and due' before invoking the simplified procedure
Creditors must confirm that no genuine dispute has been raised by the debtor regarding the debt before initiating the simplified recovery procedure
Creditors must not use the simplified procedure for consumer debts or debts involving factual or legal disagreements between parties
Debtors must be provided with a clear, predictable framework outlining how to satisfy obligations without court involvement under the simplified procedure
The simplified procedure must be administered through either administrative or notarial channels as specified in the law