How long is a payment order valid?

Here's what you need to know about the period of validity of an order for payment:

• A unserved payment order becomes lapses after 6 months → you need start all over again.

• Once signified it becomes a enforcement order valid for 10 years → you can make a input at any time within this period.

• Le debtor 1 month ago to make opposition from the date of service.

• In case opposition rejected, the prescription remains valid for 10 years.

• Une claim for recovery (e.g. seizure) interrupts the statute of limitations and relaunches a new 10-year period.

• After 10 years without action, the title is prescribed : you can no longer recover anything .

• If you miss the 6-month deadline, you can lose the procedure and must pay again to relaunch one.

• Heropay secures your deadlines by speeding up payments and providing support even before going to court.

The validity of a payment order: what the law says

The French Code of Civil Procedure sets out two key stages in the validity of an injunction.

An order valid for 6 months if not served

Once issued by the judge, the order must be served on the debtor within 6 months (article 1411 of the French Code of Civil Procedure) .

If you do not do so within this timeframe, the order becomes null and void . You'll have to restart the procedure from the beginning.

Once served, it is enforceable for 10 years

As soon as the order is served, it becomes a writ of execution valid for 10 years (article L111-4 of the French Code of Civil Enforcement Procedures) .

This allows you to use a seizure of bank account, salary or property At any time within this period, as long as the debt has not been settled.

What is the debtor's objection period?

The debtor can contest the injunction, but must comply with strict deadlines.

The debtor has 1 month to contest the decision

From the date of service of the order, the debtor has 1 month to lodge an objection (article 1416 of the French Code of Civil Procedure) .

This opposition suspends execution of the injunction.

And if the opposition is rejected?

If the judge rejects the opposition, the order becomes final . It remains valid for 10 years from the initial date of service.

Can an injunction to pay be extended or revived?

In principle, the injunction is not renewed, but certain actions can interrupt the time limit.

The 10-year statute of limitations

Enforcement orders lapse after 10 years if you have not initiated any collection action within this period (article L111-4 CPCE) .

After this period, you permanently lose the right to act .

Interruption or suspension of the statute of limitations

A collection action (seizure, order to pay, etc.) interrupts the limitation period and starts a new 10-year period.

La suspension may also apply in the event of recourse or force majeure.

The risks of missing deadlines

If you miss a deadline, you lose your right to collection. That's why it's important to remain rigorous.

Order lapses: proceedings must be restarted

If you do not serve the prescription within 6 months, it automatically becomes null and void . You must file a new request with all associated documents and fees.

Prescribed writ of execution: the debt can no longer be collected

After 10 years without action, you lose your claim for good . Even if the debtor is solvent, you can no longer take legal action .

Heropay helps you secure collection times

To avoid calendar errors, Heropay is with you every step of the way:

• Anticipate delays by financing your invoices immediately, without waiting for the due date.

• Cash in faster with simple dunning tools and online collection

With Heropay, you limit the risks before going to court .