The reform of payment orders resulting from the Decree No. 2026-96 of February 16, 2026, relating to payment orders and various provisions relating to procedures implemented by bailiffs and the Commercial Code, is an important development in commercial and civil law with respect to any procedure for the recovery of unpaid invoices.
In practice, this reform affects creditors, their advisors, businesses, debt collection professionals, bailiffs, and any collection agency involved in the amicable or judicial recovery of a sum based on the amount of the debt.
Article 1 of the Decree amends Articles 1411, 1415, 1418, and 1422 of the Code of Civil Procedure (“CPC”). The Decree reduces the time limit provided for in Article 1411 of the CPC for serving the payment order from 6 to 3 months. As before, this new 3-month time limit runs from the date of the order; if it is not complied with, the order is null and void.
This reduction in the time limit (previously six months, now three months) is one of the changes highlighted in the text, with the reform having a direct impact on the creditor's strategy to speed up recovery. This is a new maximum time limit for service in the payment order procedure, which requires increased vigilance regarding the service of the order.
A procedure that remains simple, but more regulated
The amendment to Article 1415 of the CPC aims to put an end to the practice of systematically sending certificates of non-opposition, by stipulating that the court clerk will now only inform creditors of any oppositions filed, within one month of receiving them. This timeframe takes into account the time required to register the opposition and notify the parties concerned.
The Decree excludes this information for payment orders issued by commercial courts, since the clerk of the commercial court already notifies the creditor of the opposition by registered letter with acknowledgment of receipt, requesting them to deposit the costs of the proceedings in accordance with Article 1425, paragraph 2.
The amendment to Article 1418 of the CPC requires the creditor to communicate at the hearing the document of service or the document that triggers the time limit for opposition when service has not been made in person.
The amendment to Article 1422 of the CPC, in addition to the addition made to Article 1415 of the CPC, expressly provides for the possibility for the creditor to proceed with the enforcement of the payment order if he has not received any notice of opposition from the court clerk within two months of the service of the latter.
This new provision also takes into account the specific features of proceedings before the Commercial Court, providing that enforcement may be pursued if no notice of opposition or invitation to deposit has been received within two months of service of the payment order.
The provisions relating to the reform of payment orders shall apply to orders issued on or after 1 September 2026.
Practical guidelines: debt collection, claims and supporting documents
In practice, in a payment order procedure, the creditor's claim (via an application for an order) must be carefully prepared: supporting documents, statement of account, contract, invoices, reminders and, depending on the case, a prior registered letter. In the case of sales or services, the quality of the evidence and the reference to the contractual terms and conditions can have a decisive effect.
Depending on the competent court (civil court or commercial court), the procedure may vary, particularly with regard to the follow-up of objections and the deposit of funds. The creditor, their lawyer, or their representative must verify that the file submitted to the court clerk's office contains all the necessary elements, including, where applicable, a certified copy of the petition, so that the judge can issue an enforceable decision and then affix the enforcement formula when the conditions are met.
This reform does not change the basic logic of debt collection, but it tightens up the timeline for proceeding with collection under favourable conditions. It therefore applies equally to civil litigation and commercial matters, and requires an update of internal practices (monitoring of deadlines, letter templates, approval processes, team training, and control of technical access to case tracking tools).
FAQ – Frequently asked questions
1) What are the changes brought about by the reform?
The reform resulting from Decree No. 2026-96 of February 16, 2026 amends Articles 1411, 1415, 1418, and 1422 of the Code of Civil Procedure. It tightens up deadlines, adjusts the information provided to creditors by the court clerk's office, and specifies the conditions for continuing enforcement of the order to pay. The main changes highlighted are the reduction in the time limit for service and the clarification of the conditions for enforcement in the absence of a notice of opposition.
2) How does the new payment order procedure work?
The procedure remains based on the payment order, its service, and the possibility of opposition. However, the reform imposes stricter rules at certain stages: a shorter service period, information from the court’s clerk focused on oppositions filed, and new details on the documents to be produced at the hearing. For a contractual claim (e.g., unpaid sales invoice), the claimant must ensure that their file is sufficiently documented so that the Judge can rule quickly.
3) What are the time limits for opposition?
The reform does not directly change the time limit for opposition itself in the provisions presented. However, it now requires the creditor to produce the service document at the hearing (or the document triggering the time limit for opposition if service was not made in person), which reinforces the importance of monitoring this time limit. In practice, the central issue also becomes that of opposition within the time limit and proof of service of the order.
4) What are the consequences for the creditor?
The creditor must be more vigilant about deadlines and supporting documents. They now have three months (instead of six) to serve the order, failing which it is null and void. They may also, under certain conditions, continue to enforce the payment order if they have not received any notice of opposition from the court’s clerk within two months of service. The main impact of the reform is therefore operational: better monitoring of dates, better documentation of the case file, and adaptation of the debt collection strategy (amicable phase followed by judicial collection if necessary).
5) When does the reform come into effect?
The provisions relating to the reform of payment orders apply to orders issued on or after 1 September 2026. This is the effective date to be used for the change in procedure.