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Payment deadline (part 1/3)

Updated: Sep 29, 2023

Advise from Better Call Eva

53% of French freelancers say they have difficulties getting paid quickly.

This is the conclusion drawn by the “Freelancing in Europe” study, conducted jointly by Malt and the consulting firm BCG.

This is your case? I'll explain the regulations in this area 👩🏻 🏫

Yes, the law is boring, it's too complicated, it's boring to death... but how useful in this world of crooks! 🤡

So don't panic! I'm coming to your rescue! Law is my hobby ❤️

Let's start with the beginning:

📕 It is article L441-10 of the Commercial Code which provides for the regulations on payment terms for services.

In fact, he distinguishes three:

▶️ A general payment period set at 30 days from the date of delivery of the service

▶️ A time limit freely agreed between the parties: it cannot exceed 60 days from the date of issue of the invoice

▶️ A derogatory period of 45 days end of month, from the date of issue of the invoice

👨🏽‍💻 Ok, it's very nice what you're saying, but we already know all that. We want the penalties provided!

In the event of non-compliance with the deadlines, article L441-16 of the same code provides for a pecuniary sanction in the form of an administrative fine:

▶️ 75K € max for natural persons

▶️ 2M € max for a legal person

Obviously, as you can imagine, these are not very fruitful measures.

They will cost you too much, whether in terms of time, money, or energy. You will have understood, it is better to sit on it.

👨🏽‍💻 Yes, so concretely... we can't do anything!

👩🏻‍🏫 To recover your money as you wish in case of delay, not much, actually.

But, could we not avoid them, precisely, these delays?

That's the whole point of this post. Eh eh. 😈

Several solutions are offered to you, but I will give you only the first. I will make other posts if anyone is interested.

👉🏼 A lump sum compensation for recovery costs.

It can be predicted.

It is set at €40. Well, it's not crazy, but we're not going to lie to each other, we're not spitting on it either.

Attention: this fixed indemnity must appear

✅ on all your bills

✅ in your T&Cs

❌ but not necessarily on the contract.

To know:

📌 This compensation is not subject to VAT, but it is taxable.

📌 It only applies between professionals: if your client is an individual, he will not be subject to it.

📌 Even if your client has not accepted your T&Cs, it must still be claimed.

⬇️ How about you? Payments on time or are you struggling to recover your money? Tell us in the comments!

Come on, and just because you held on to the end, I'll give you the exact wording to include on your invoices and your T&Cs in the comments. More than CTRL+C; CTRL+V! 🤓

See you

Better Call Eva

PS : Follow Eva on LinkedIn for more advise 👉 Eva


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