How many reminders are needed before a formal notice is served?

Notice of default: what does the law say about the number of reminders?

There's no law that says you have to follow up before sending a formal notice, but it's an essential step to protect your position in the event of a dispute.

Dunning is not legally binding

The article 1344 of the Civil Code specifies that a simple delay in payment may justify a formal notice, even without prior reminder .

In practice, however, failure to follow up beforehand damages your credibility in the event of a dispute.

But it is recommended for amicable collection

According to a study by Observatoire des délais de paiement , 65% of overdue items are settled after 1 or 2 reminders .

These reminders also serve as proof that the debtor has been informed and that the creditor has acted in good faith.

How many reminders should I send?

Even if the law is silent, the progressive principle remains the best approach. It makes it possible to raise standards without damaging customer relations or risking procedural errors.

1st reminder: on D+5, in a courteous manner

From the 5th day after maturity a polite relaunch by email or phone is often enough to break the deadlock. 48% of overdue invoices are settled after this first reminder, according to the Cabinet ARC .

The aim is simply to check reception the invoice and remind you of the deadline without any pressure.

2nd reminder: between D+15 and D+20, with a firmer tone

If silence persists, a second written reminder (often by e-mail or post) can be sent to between days 15 and 20 after maturity.

It must include :

• The amount due

• Due date passed

• Any penalties provided for in the GCS

The tone is still professional, but more direct, as we enter a period of proven delay.

3rd reminder: D+30, final reminder before formal notice

À 30 days late we talk about last re-launch . It announces that the next step will be a formal demand letter .

You can send it by registered letter with acknowledgement of receipt to constitute solid proof.

According to the AFDCC by 2023, 75% of payments are made within 7 days of this reminder, when it is properly drafted.

Why follow a progressive recovery sequence?

Respect a progressive relaunching is not just a question of form: it's a question of legal and commercial protection .

This creates a history, avoids unnecessary tension and increases the chances of payment before litigation.

Keep a useful record in the event of a dispute

Each documented reminder (by email or letter) constitutes a written proof the debtor's behavior.

In the event of litigation, these elements can be presented to the judge to demonstrate the bad faith or inaction on the part of the customer .

Le Code of civil procedure does not require it, but magistrates appreciate a well-monitored file, especially in payment order proceedings.

According to a study conducted by Union Nationale des Huissiers de Justice , 82% of payment orders validated were made on the basis of documented reminders.

Preserving the business relationship

An overly aggressive coating can break the customer relationship even if the debt has been recovered. Conversely, a graduated recovery allows you to assert your rights while leaving the door open to dialogue .

Data from AFDCC (Association Française des Credit Managers) show that companies that follow a progressive relaunch scheme retain 30% more loyal customers than those who send a direct reminder.

Recovery is therefore also a loyalty tool not just recovery.

Examples of successful reminder schedules

There are no hard and fast rules, but certain sequences are recognized as effective to maximize payments while minimizing stress.

Here is a typical schedule used by many companies:

• J+5 1st reminder by e-mail or telephone, courteous and factual

• D+15 to D+20 2nd e-mail reminder with reminder of late penalties

• J+30 : 3rd relaunch written and more formal often by registered mail

• D+45 to D+60 : formal notice if no response

This type of progressive sequencing is also mentioned as a good practice by the DGCCRF This is particularly important in the fight against late payment between professionals.

Un automated tracking also helps prevent oversights.

What next? When and how to give formal notice

Formal notice is given as a last resort in the out-of-court phase. It must be sent when :

• Amicable reminders have gone unanswered

• The customer has given no clear payment undertaking

• A risk of prescription approaching

Legally, the formal notice must respecting shapes It must be sent by registered letter with acknowledgement of receipt or served by a court commissioner.

It marks the starting point for legal penalties and opens the way to legal proceedings.

According to the French Civil Code (article 1344), formal notice can be simply formulated but it must clearly indicate the amount due, the invoice concerned, and grant a reasonable final deadline (usually 8 to 15 days).

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