Unpaid influencer invoice: what to do?
The content is live, the invoice was sent, and since then — silence. Here is what French law says, in what order to chase payment, and from when you can claim penalties.
Updated 2 August 2026
In short
Between businesses, French law sets payment at 30 days after the service if the contract is silent, and 60 days maximum from the invoice date if agreed otherwise. Past the due date, late-payment penalties and a flat €40 fee are owed automatically, with no reminder and no contract clause required. The order to follow: written reminder, registered formal notice, then a court payment order.
What is the legal payment deadline?
30 days by default, 60 days maximum if the contract provides for it.
A brand–creator collaboration is a business-to-business relationship. It therefore falls under article L.441-10 of the French Commercial Code, whether you invoice through a company or as a sole trader.
| Situation | Maximum deadline |
|---|---|
| The contract says nothing | 30 days after the service is performed |
| A deadline was agreed | 60 days from the invoice date |
| Expressly stipulated variant | 45 days end of month from issuance |
| Periodic invoices | 45 days from issuance |
Source: article L.441-10 of the French Commercial Code (Légifrance) and the official service-public.fr guidance on business payment terms, accessed 2 August 2026.
What can you claim when payment is late?
Late-payment penalties and €40, owed from the day after the due date.
A point usually missed on both sides: these sums are not negotiable, they are owed as of right. You need neither a prior reminder nor a contract clause.
- Late-payment penalties: at the contractual rate, never below three times the legal interest rate. Absent a clause, the European Central Bank rate plus 10 percentage points applies.
- A flat €40 recovery fee per unpaid invoice, applied once regardless of how long the delay lasts.
- Additional compensation if your actual recovery costs exceed €40, with supporting documents.
In what order should you chase payment?
Written reminder, registered formal notice, then a court payment order.
1. The written reminder
An email is enough, but write it as evidence: invoice number, missed due date, amount, and a short deadline. Keep everything in writing — a verbal agreement cannot be proven.
2. The formal notice
A registered letter with acknowledgement of receipt, headed “mise en demeure”. It starts interest running in any proceedings and shows a judge you attempted an amicable settlement. Attach the breakdown: invoice, penalties, €40.
3. The court payment order
A fast, low-cost procedure before the commercial court, with no hearing and no mandatory lawyer. It requires an undisputed debt — hence the importance of a written contract and proof of delivery.
And if the brand simply refuses to pay?
Everything hinges on what you can prove: the contract and the delivery.
A refusal almost always rests on disputing the work: the brief was not followed, the video went out late, the link is missing. Without a written contract setting objective criteria, the discussion becomes unverifiable — and the balance of power works against whoever already delivered.
This is the shared limit of every remedy above: they all come after the fact, once the work is done and the money was never committed in the first place.
Frequently asked questions
What payment terms can a brand impose?
Never more than 60 days from the invoice date, or 45 days end of month if the contract expressly says so. A 90-day clause is unlawful even if signed. A breach exposes the company to an administrative fine of up to €2 million.
Can I charge penalties if my contract does not mention them?
Yes. Late-payment penalties and the €40 flat fee are owed as of right from the day after the due date, with no clause and no prior reminder. Absent a contractual rate, the European Central Bank rate plus 10 points applies.
How long do I have to act?
The commercial limitation period is five years. But the longer you wait, the weaker the evidence and the more uncertain recovery becomes: act as soon as the first delay appears.
How do I avoid the problem entirely?
By not starting production until the budget is committed somewhere. That is the principle of secured payment: the brand deposits the sum before filming, it is held, and it is released once the agreed criteria are met. Recovery disappears because there is nothing left to recover.
Never chase an invoice again
Fylakia holds the campaign budget before filming. The creator produces knowing the money is already deposited; the brand only releases it once the brief is met.
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