Who can legally issue a formal notice to pay?

A formal notice is not just for lawyers or bailiffs

There is no no legal obligation to use a legal professional to send a formal notice. French law allows creditors to act alone.

The creditor can send the formal notice himself

You can send a formal notice in your own name if you are directly affected by the unpaid amount:

• A freelancer to his customer for unpaid services

• A company to a customer or supplier

• A syndic to a debtor co-owner

The creditor's representative may also act

You can delegate this process to a person or entity authorized to represent your interests:

• A lawyer or collection agency

• An in-house accounting or legal department

• A designated employee (with written record of delegation)

Do I need a delegation or proof of authorization?

In most cases, no written delegation is required by law to send a formal notice on behalf of a third party. In practice, however, admissibility may vary according to the status of the sender and the context of the dispute.

Between companies: flexibility but formal rigor

In a professional setting, you can appoint an employee, a collection agency or a lawyer to send a formal notice. No official document is required, but it is recommended that you have a written record of delegation in case of dispute.

The same applies to finance departments and internal accounting departments.

According to the Cour de cassation (Cass. com., April 5, 2018, no. 16-28.047) For example, a company can delegate an employee to send reminder letters without the need for a written mandate, provided that the employee is acting within the scope of his duties .

Between private individuals: more caution to remain admissible

If you're not a company, you need to be careful. In the event of disputes between individuals a formal notice sent by a third party (friend, relative, heir, etc.) is likely to be considered as a "warning". inadmissible without clear proof of authorization (mandate, power of attorney, etc.).

This is particularly true in the following cases:

• A formal notice sent by a co-divisor on behalf of several

• A letter sent by one of the heirs without the agreement of others

• A reminder from a roommate in the name of the lessor

In all these cases, it is best to secure the shipment with a express mandate, dated and signed .

When do I need a legal professional?

Sending a formal notice yourself is sufficient in 90% of cases . But certain situations warrant go through a lawyer or bailiff for reasons of legal certainty or strategy.

When the dispute is complex or high-stakes

As soon as the out of the ordinary (cross-border dispute, contestation, manifest bad faith...), it is advisable to have the formal notice drawn up by a lawyer .

Here are some typical cases:

• You claim over €10,000 to a foreign company

• The debtor disputes the existence or amount of the claim

• The situation involves several parts (condominiums, joint ventures, etc.)

A study conducted by IFRAP indicates that 27% of French companies who initiate debt collection proceedings call on the services of a lawyer from the formal notice stage in complex disputes.

When planning legal action

The formal notice can be used to basis for an injunction to pay or a writ of summons . In this case, signed by a lawyer or delivered by a bailiff reinforces the value of the letter and proves the seriousness of the approach.

It can also speed up the process: in 40% of cases, a formal demand letter is enough to break the deadlock according to a study by Cabinet ARC .

Who can actually send the formal notice?

Here are a few concrete use cases where the sender is perfectly entitled to send a formal notice:

• A craftsman a customer who refuses to pay for a completed service

• An owner to a tenant in arrears for 2 months

• A company a supplier who has delivered a non-compliant product

• An association to a member for a unpaid contribution despite several reminders

In all these cases, it is sufficient for the sender to be creditor or its legitimate representative with supporting documents if necessary (invoice, quotation, contract, mandate, etc.).

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