How to make a good formal notice?

When should I send a formal notice to pay?

You can send a formal notice as soon as amicable reminders fail. It's a question of timing.

After how many reminders and at what precise moment

In practice, 3 reminders at intervals are sufficient before sending a formal notice. Respect progressive deadlines:

• 1st reminder at D+5

• 2nd reminder between D+15 and D+20

• 3rd reminder at D+30 (final reminder)

You can send the formal notice from D+30 after due date especially if the debtor does not respond.

Signs that it's time to formalize your request

There are several indications that the recovery is no longer sufficient:

• Total customer silence despite reminders

• Broken payment promises

• Significant amount or recurrence of overdue payments

In these cases, switch to a formal notice allows you to secure what happens next (penalties, litigation, legal proof).

Copy-and-paste sample formal notice

You can use this template to send a clear and compliant formal notice. Adapt the information to suit your situation.

Subject: Formal notice to pay - Invoice no. [xxx]

"Madam, Sir,

Barring errors or omissions on our part, we hereby confirm that invoice no. [xxx], in the amount of [amount in € incl. VAT] issued on [date] and payable before [expiry date] remains unpaid to this day.

Herewith, we give you formal notice to pay this amount within [8] working days no later than [date] If you fail to do so, we will be obliged to take legal action to recover the money, with interest on arrears and associated costs.

You can pay by [method of payment] at the following address: [bank or postal details].

We look forward to receiving your payment.

[Company name / Siret / Contact details] [Name, position, signature]".

How do you write a valid formal notice?

A formal notice is not a simple reminder. To be admissible and effective, it must follow a precise legal framework.

Mandatory information to be included for admissibility

You need to integrate the following elements:

• Full identity of creditor and debtor

• The exact amount due, with invoice number and date

• The agreed payment deadline (often 8 days)

• The explicit mention "mise en demeure

• The possibility of legal action

Without this information, the mail will no legal value in the event of litigation, in accordance with article 1344 of the Civil Code .

Formulas and tone to keep it professional

The tone must be firm but neutral . Avoid threats, insults and vague wording. Prefer the following expressions:

• "We give you formal notice to..."

• "If we don't receive payment within 8 days, we'll be forced to..."

• "This letter constitutes a formal notice prior to any legal action".

Stay factual, avoid exaggeration, and don't use unnecessary conditionals.

A typical structure for greater efficiency

An effective formal notice follows a 4-block logic:

• Background and unpaid invoice

• Clear request for settlement within a specific timeframe

• Consequences of non-payment

• Payment details and signature

This organization enhances clarity and strengthens legal scope mail.

What format and channel should you choose?

Le channel used to send a formal notice has a direct impact on its legal value. Some formats allow proof of dispatch and receipt, others do not.

Registered letter with acknowledgement of receipt: the reference

La registered letter with acknowledgement of receipt is the the safest legally. It constitutes proof of dispatch and receipt, essential if the case goes to court.

It's also the the format most widely recognized by French courts (article 1344 of the French Civil Code).

According to a study by LegalPlace over 70% of payment order procedures are successful when the creditor can provide a formal notice sent by registered mail.

Email or bailiff: when to use them?

L' email may suffice if you have a fluid commercial relationship and a clear history of exchanges. But in the event of a dispute, proof of receipt is still required. debatable unless the debtor responds.

Calling in a judicial commissioner (former bailiff) gives a official and indisputable to shipping. Relevant:

• For urgent summonses

• When the debtor is acting in bad faith

• If the claim exceeds €5,000

What documents should you enclose with your letter?

Enclosing the right supporting documents strengthens the credibility of your application and structure your file in the event of legal proceedings.

Invoices, reminders, purchase orders...

Please include the following items in your shipment:

• Copy of unpaid invoice with due date

• Copies of previous reminders (email, mail, calls)

• Signed purchase order or contract , yes applicable

• Terms and conditions of sale if they mention payment deadlines and penalties

Each item must be dated and legible.

Building a solid case

Gather all the documents related to the transaction to form a clear, chronological record . This file will help you :

• À prove the claim in court

• À unblocking a payment order quickly

• À speed up the intervention of a commissioner of justice

When in doubt, scan all exchanges and archive them. au format PDF horodaté .

What happens next? What happens if the customer doesn't pay?

If, despite the formal notice, the customer does not react, you enter the post-amicable phase. Several options are available to you, depending on the amount, urgency and chosen strategy.

Payment orders: procedure and deadlines

L' order for payment is a legal procedure fast and inexpensive provided for in articles 1405 to 1425 of the Code of Civil Procedure .

You can refer the matter to the competent judge without a hearing, by providing :

• Formal notice with acknowledgement of receipt

• The unpaid bill

• General terms and conditions of sale

• A clear description of the claim

Average lead time : between 4 and 8 weeks to obtain a prescription, provided the file is complete.

Amicable solutions before litigation

Before going to court, you can still try a last friendly contact . This phase may include :

• Un direct call customer

• A negotiation of payment terms

• The intervention of a mediator or conciliator

Some companies recover up to 30% receivables in the final amicable phase, without legal recourse, according to a study by the firm Altars .

Hero helps you avoid this with cash advances

Instead of having to put up with late payment, you can turn your invoices into immediate cash .

Hero advances you to 100% of amount incl. VAT of your validated claims, in less than 24h without waiting for the customer's due date.

You recover your money now and Hero takes care of the rest until payment is received.

Less stress, more cash: you stay focused on the business, not on reminders.