Debt Collection in France: Using a Recognition of Debt as Legal Evidence

Introduction

In France, debt collection often depends on the creditor’s ability to prove the existence and amount of the debt. When no contract or invoice has been formally signed, one of the most effective legal tools available is a recognition of debt (reconnaissance de dette).

A properly drafted recognition of debt can significantly strengthen a creditor’s position, whether in amicable negotiations or before French courts. However, French law imposes strict formal requirements, especially when the debtor is a private individual.

This article explains:

• When a recognition of debt is legally valid in France

• The differences between private individuals and business debtors

• Common pitfalls that weaken enforcement

• A practical template model in English, compliant with French legal principles

1. Recognition of Debt Under French Law: General Principles

A recognition of debt is a unilateral written commitment by which one person acknowledges owing a specific sum of money to another.

Under Article 1376 of the French Civil Code, such a document has full evidential value only if it meets specific conditions. These rules apply regardless of the amount involved, even for sums below €1,500.

The purpose of these formalities is to protect debtors against hasty or unclear financial commitments while ensuring legal certainty for creditors.

2. Recognition of Debt Signed by a Private Individual

2.1 Mandatory Formal Requirements

When the debtor is a non-professional individual, the recognition of debt must include:

• The signature of the debtor

• A statement of the amount owed, written by the debtor personally

• The amount expressed both in words and in figures

Although French case law has accepted typed wording in limited situations, a handwritten statement remains the safest option, as it is far less open to challenge.

Failure to comply with these requirements does not automatically invalidate the debt, but it reduces the document’s evidential strength.

2.2 Importance of the Original Document

In the event of litigation, the creditor must be able to produce the original document containing the debtor’s handwritten statement.

If only a copy is available, judges have discretion to assess whether the document makes the alleged debt sufficiently credible. This creates unnecessary legal uncertainty and should be avoided.

2.3 Number of Copies

The recognition of debt may be drafted in two originals, one for each party.
However, providing a copy to the debtor does not remove the obligation for the debtor to personally write the amount owed.

2.4 Repayment Commitments and Joint Obligations

When a document sets out a repayment schedule or involves several signatories (for example, a spouse or guarantor), the legal nature of the commitment must be carefully analysed.

French courts may consider that certain obligations are not purely unilateral, which can affect the applicability of Article 1376. These situations require particular caution when drafting.

2.5 Interest Clauses

If the recognition of debt includes contractual interest, the interest rate must be explicitly written by the debtor.

If the rate is not handwritten:

• The principal debt remains enforceable

• The interest clause may be rejected unless supported by additional evidence

2.6 Challenging or Contesting a Recognition of Debt

A recognition of debt cannot be invalidated lightly.

• It generally requires written evidence to contradict it

• An expert report alone is insufficient

• The debtor may contest either the signature or the handwritten statement, which may trigger handwriting verification proceedings

3. Recognition of Debt Signed by a Business or Trader

3.1 Reduced Formalism for Business Debtors

When the debtor is:

• A trader acting in the course of business, or

• A company or professional entity

The strict handwritten requirements of the Civil Code do not apply.

In commercial matters, evidence may be provided by any means, and a signed document is usually sufficient.

3.2 When Civil Law Formalities Still Apply

Civil evidentiary rules remain applicable if the debt is unrelated to the debtor’s commercial activity.

For example:

• A personal loan between two traders

• A private transaction disguised as a business arrangement

In such cases, failure to comply with Article 1376 may weaken the creditor’s claim.

3.3 Authority to Bind the Company

A recognition of debt signed on behalf of a company is valid only if the signatory has proper authority.

French courts will reject a document where:

• The signatory is not a legal representative

• No apparent mandate can be established

• The document lacks reliable dating or supporting context

4. Model Template – Recognition of Debt (English Version)

Conclusion

A recognition of debt is a powerful debt-collection instrument under French law, but only if it is drafted with precision and legal awareness.

Errors relating to handwritten statements, interest clauses, authority to sign, or document preservation can seriously undermine enforceability. For high-value debts or cross-border situations, professional legal assistance is strongly recommended.