Can an invoice without a signed delivery note be recovered?

Summary payment order requires uncontested proof of delivery. However, a bailiff formal demand followed by plenary commercial action remains viable using corroborating emails and partial advance payments.

What is the statute of limitations for commercial invoices in Tunisia?

Commercial claims between merchants generally expire after 5 years under Tunisian law. Early action is strongly recommended.

Unpaid Business Invoices: From Formal Demand to Court Injunction in Tunisia

Direct answer: what should you do about an unpaid invoice in Tunisia?

When faced with an unpaid commercial invoice in Tunisia, the optimal approach is to move quickly from an informal internal reminder to a formal notice served by a huissier de justice (judicial officer). Unlike a simple letter or e-mail, which often go unanswered, the formal demand to pay served by a huissier is a solemn act carrying the force of an authentic instrument: it summarises the invoices, purchase orders and delivery notes, sets a deadline for payment (generally 8 to 15 days) and immediately triggers default interest by operation of law (COC, Articles 268 et seq.). It opens the way to the simplified payment order procedure before the president of the competent court, which makes it possible to obtain an enforceable title without lengthy proceedings for claims that are certain, liquid and due (CPCC Art. 59 et seq.). Actions between traders are generally time-barred after 5 years (Article 402 of the COC): it is advisable to act well before that deadline.

The procedure at a glance

Step	Who	Indicative time limit	Legal basis
1. Formal demand to pay	Huissier de justice	Payment generally required within 8 to 15 days	COC (art. 268 et seq.) ; Organic Law No. 2018-9 (art. 13)
2. Amicable negotiation or payment schedule	Huissier de justice, creditor and debtor	—	—
3. Payment order, followed by bank or movable property seizures	President of the competent court (order), then huissier de justice	—	CPCC (arts. 59 to 67) ; Organic Law No. 2018-9 (art. 13)

1. Legal framework for commercial debt recovery in Tunisia

Tunisian Commercial Code: governs obligations between traders, proof of acceptance of invoices and the statutory limitation periods for bills of exchange and commercial claims.
Code of Obligations and Contracts (COC): Articles 268 et seq. providing that the debtor is placed in default only by a formal demand made by a public officer.
Organic Law No. 2018-9 of 30 January 2018 (Article 13): entrusts the huissier de justice with amicable and judicial debt recovery, as well as the service of formal demands and notices of default.
Code of Civil and Commercial Procedure (CPCC): payment order procedure (Articles 59 to 67) for commercial claims that are certain, liquid and due.

2. Step-by-step procedure

Phase 1: The formal demand to pay served by a huissier

The huissier de justice attends the registered office of the debtor company or the home of the trader in Tunis to serve the formal demand:

The act summarises the unpaid invoices, the purchase orders and the corresponding delivery slips.
It sets a strict deadline for payment (generally 8 to 15 days).
This act puts an end to inaction and triggers statutory late-payment interest.

Phase 2: Amicable negotiation or settlement agreement

Very often, official service by a public officer is enough to restore dialogue. The huissier can then record a secured payment schedule with guarantees (bills of exchange, guarantee cheques or sureties).

Phase 3: The judicial payment order

If voluntary payment fails:

The creditor files an application for a payment order with the president of the competent court.
On presentation of the invoice and proof of delivery, the judge issues an order containing an injunction to pay.
As soon as the order becomes final, the huissier proceeds with bank or movable property seizures.

To entrust us with your B2B claims: Debt Recovery Department, Office of Maître Nabil Baffoun.

3. Documents to provide to open the file

The unpaid invoices, in original or certified copies.
The signed purchase orders or delivery notes signed by the customer.
The extract from the National Register of Enterprises (RNE) for the debtor, if available.
The history of unsuccessful reminders.

Contact our office in Tunis Lafayette

📍 32 Avenue de la Liberté, Lafayette, 1002 Tunis
📞 +216 99 442 883
📝 Commercial debt recovery consultation