Unpaid invoice reminder before formal notice: what to say, when, how?

When to send this final reminder before the procedure?

This type of reminder is sent after several amicable attempts usually between 30 and 45 days after due date of the invoice.

At this stage, the customer has not responded despite your reminders, but you still wish to avoid immediate formal notice .

According to the Banque de France Observatory on payment periods , 1 company in 4 suffers payment delays over 60 days This has a direct impact on cash flow, expenses and WCR management.

The average cost of late payment is estimated at 16,000 per year for an SME according to Cabinet ARC .

This last reminder email plays a strategic role :

• Il puts the pressure on without getting legal

• Il creates written proof of your settlement attempt

• Il prepares the ground for a possible formal notice

It's essential not to wait too long. After a certain time (often 60 days ), the chances of recovery fall sharply: according to Euler Hermes , nearly 80% of invoices outstanding for more than 90 days will never be paid .

Typical delivery times : J+30, J+45... what does practice say?

In practice, reminders before formal notice are often issued between D+30 and D+45 after the invoice due date. This window allows time for :

• A pre-renewal before maturity

• A 1st courteous reminder to D+5

• A 2nd more direct relaunch at D+15 or D+20

From J+30 that it makes sense to send a final formal reminder especially if you have repeated attempts with no return .

A study by Sidetrade on 12 million invoices reveals that :

• 70% of payments are made within 30 days if a reminder is issued quickly

• But the recovery rate drops to 20% after D+60

So don't wait too long. In case of bad faith, the longer you delay, the more time (and money) you lose.

Is this a legal requirement?

No, it is not mandatory to send a reminder before a formal notice to pay. in legal terms. In theory, you can send a formal notice directly as soon as the payment deadline is exceeded.

However, in reality :

• Judges appreciate that a be documented

• This boost serves as a proof in the event of litigation

• It can sufficient to obtain payment by registered mail

L' Article L441-10 of the French Commercial Code reminds us that maximum payment term is 60 calendar days from the date of issue of the invoice. After this period, you are entitled to take action.

But before going straight to the point, a well-formulated reminder often helps to maintaining customer relations and get your money back without going to court .

How to write a reminder before a formal notice?

At this stage, your message must be precise, structured and credible . The aim is twofold: encourage immediate payment while setting a clear framework for the future (formal notice, litigation, penalties, etc.).

What to include to remain credible (without being aggressive)

Here are the KEY DATA to include in your reminder before formal notice. They show that you are serious about your business without actually starting proceedings:

• Invoice number and date

• The amount due specified before and after tax if possible

• Due date initial invoice

• Dates of previous reminders

• Late payment penalties in your terms and conditions

• A clear deadline given to the customer to settle (e.g. within 7 days)

By adding these elements, you show that :

• You master the file

• You have documented the steps

• You're ready for action if necessary

The right tone: firm, clear, but always professional

The trap here is to be too aggressive - or too soft. You need to find the right balance:

• Professional no direct threat, no emotion

• Factual : rely only on verifiable elements

• Quiet firmness you don't ask, you just require polishing

Example:

"Unless we are mistaken, we note that invoice n°XXX in the amount of XXX € including VAT remains unpaid despite our reminders of [dates]. We ask you to regularize within 7 days in order to avoid sending a formal notice."

This tone shows you're in control and opens the door to dialogue with no ambiguity about what comes next.

Copy and paste a sample reminder email before formal notice.

This email is final friendly reminder .

It must set out a clear framework, while to avoid breaking off the business relationship if the customer settles quickly. Here is a ready-to-use template:

Subject: Last reminder - invoice no. [XXX] still unpaid

"Hello [Name of recipient],

Unless we are mistaken, invoice no. [XXX], issued on [date] in the amount of [XXX] € inclusive of tax, remains unpaid despite our previous reminders dated [date 1] and [date 2].

In accordance with our general terms and conditions of sale late fees as well as a flat-rate collection fee of €40 may be applied if payment is not received within 7 days.

If payment is not received within this period, we will be obliged to send a formal notice and initiate collection proceedings.

A copy of the invoice is attached.

We remain at your disposal for any clarification you may require.

Best regards,

[First name Last name][Position][Company][Contact details]".

This message is short, precise and legally defined without being unnecessarily hostile. It puts you in strong position if you need to go further.

What happens next? Formal notice and legal action

If the amicable reminder remains unanswered, the formal notice marks the beginning of the contentious recovery . It is legally more binding than a simple e-mail.

Formal notice: a key stage in the collection process

It's a formal document sent by registered mail with acknowledgement of receipt, which summons the debtor to settle its debt within a certain period of time. It allows you to :

• Interrupting the statute of limitations (often 5 years between professionals)

• Demonstrate your good faith in the event of a dispute

• Preparing for legal action if necessary

In general, it grants 8 to 15 days to the customer to settle the debt. If no response is forthcoming, you can take your case to court to obtain an injunction. order for payment .

What it should contain

To be valid, a formal notice must include :

• Identity of creditor and debtor

• Le exact amount due

• Le allotted time before legal action

• An explicit statement: "This is a formal notice".

It's also a good idea to enclose copies of previous reminders and the invoice concerned.

Optimize your collection with Hero and advance payment on your pro invoices

Before a formal notice is issued You can improve your collection times by acting upstream.

Hero offers a advance invoice solution allowing professionals to obtain up to €50,000 as soon as the customer invoice is issued. You stay paid, even if the customer delays.

Why is it useful?

• Immediate improvement in cash flow

• Reduction in payment times (in France, they average 44 days according to the Observatoire des délais de paiement)

• No break in customer relations Hero advances the funds, not you force the payment

How does it work?

1. Send your invoice from your Hero space

2. You receive your funds within a few hours

3. Customer pays on time as usual

No commitment and transparent costs and a real peace of mind if your customers pay slowly.