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Walid ChamkhiLawyer in France – Plant law

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Unpaid invoices between plant professionals

A garden centre that pays late, a landscaper who no longer pays, a customer who disputes quality to avoid paying: recovering your debt means acting quickly and in the right order.

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Case sheetUpdated: September 2026
Situation
Invoice for plants, seeds or services unpaid by a professional customer in France
Who is concerned
Producers, nurseries, wholesalers, landscaping companies, foreign suppliers of French customers
Key point
Under French law, late payment penalties and a fixed €40 recovery fee are due automatically
Legal texts
French Commercial Code, Articles L. 441-10 and D. 441-5; French Civil Code, Article 2367 (retention of title)

In short

Between professionals in France, payment terms are regulated by law: unless a shorter term is agreed, they may not exceed sixty days from the invoice date, or forty-five days end of month if the contract so provides. Beyond that, late payment penalties and a fixed recovery fee of €40 are due automatically. If reminders fail, the order for payment procedure quickly provides an enforceable title.

Recovery steps

  1. Remind the customer, referring to the invoice and its due date.
  2. Send a formal letter of demand by registered mail.
  3. Choose the procedure: simplified recovery of small debts, order for payment, or summons if the debt is disputed.
  4. Enforce the decision through a judicial officer (commissaire de justice).
What the plant tells us

Many unpaid invoices stem from a quality complaint raised after the event: plants “dead”, “diseased”, “non-conforming”. Delivery notes signed without reservation, photos at dispatch and plant passports in order often defeat these complaints.

Protecting yourself in advance

  • Clear general terms of sale, provided before the order.
  • A retention of title clause: it allows unpaid plants to be reclaimed while they can still be identified; once planted, they become part of the land.
  • Deposits for large orders or specific crops.
  • Insolvency proceedings: the claim must be filed with the court-appointed representative within the legal time limit.

How the firm can help

  • Draft a formal letter of demand and negotiate a payment plan.
  • Bring order for payment or recovery proceedings in France.
  • Answer a quality complaint raised to avoid payment.
  • Draft protective terms of sale.

General information on French and EU law, which does not replace an analysis of your situation. Read the French version.

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