Late payment policy for private tutors
With a private client, late-payment penalties and the 40 € fee do not apply, so a tutor's real lever is when and how the payment is taken.

A late-payment policy is the set of rules you give a family about when a lesson is paid and what happens if they pay late. For a private tutor in France, it does not work the way it does between two companies: your client is a consumer, not a business, and the automatic rules that protect companies do not apply. Your strongest tool is not a penalty, it is the moment you get paid.
The automatic rules do not apply to families
When one business pays another late, French law adds two things with nothing to claim: late-payment interest of at least three times the legal rate, and a fixed recovery fee of 40 € per invoice. That comes from article L441-10 of the commercial code, explained by service-public.
Both of those apply only between professionals. A family paying for their child's lessons is a consumer. You cannot bill them the 40 € fee by default, and you cannot charge a penalty rate you never announced.
With a consumer, a late-payment penalty exists only if it is written in your contract in advance, and it has to stay reasonable. A judge can cut down a penalty that is clearly excessive.
The real lever: when you get paid
The simplest way to avoid an unpaid invoice is to never let the debt build up. Two options work well with families.
Payment per lesson or in advance
Nothing forces you to bill at the end of the month. You can ask for payment at each lesson, or sell a block of hours paid up front. A family that has already paid has no invoice to forget, and you have no chasing to do. It is the most useful clause in a tutoring contract.
For example, a 10-hour block at 30 € paid at sign-up means 300 € collected up front and ten lessons with no invoice to track. You log each lesson used and always know the hours left on the balance. Paying up front asks for a little trust at the start, but a single trial lesson paid on its own is usually enough to set the habit.
The exception for a contract signed at the home
One case changes the rule. If you sign the contract at the family's home, in person, it counts as an off-premises contract. Article L221-10 of the consumer code then bars you from taking any payment, deposit or cheque included, for 7 days after signing. The family also keeps a 14-day right of withdrawal (article L221-18).
To collect right away, agree the terms at a distance (by email or online, with a written confirmation) instead of signing on the spot, or simply bill after each lesson.
Want to see at a glance who has paid and who is late?
Try it freeWrite a clear payment clause
A useful clause fits in a few lines and is read before the first lesson. It heads off misunderstandings and gives you a text to point to if a family disputes a charge.
What the clause should spell out
- When to pay: per lesson, as a prepaid block, or by a set day each month.
- How to pay: bank transfer, cash or other, with the transfer details.
- What happens if payment is late: a reminder on a stated date, then lessons on hold while the invoice is unpaid.
- Lessons already booked: a lesson cancelled late is still owed, capped at the lesson price.
You can start from a ready template with the lesson contract generator, free and with no account.
When a lesson is still paid late
Even with a good clause, a payment slips. Keep a calm, dated sequence: a friendly reminder, then a firm one, then a written formal notice if the amount is still owed. The steps and the legal options are in our article on chasing an unpaid invoice.
The hard part is knowing who owes what. Invoicing software for tutors matches your bank transfers to your lessons automatically, flags the late ones, and sends a reminder over WhatsApp in one click. You spend less time checking, and you follow up at the right moment, without missing anyone.
Sources
Computer science engineer, Sorbonne UTC graduate. Founder of kadrella.com, the platform built for private tutors.
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