An acknowledgement of debt can be signed electronically, subject to one condition that sets it apart from most documents: the statement of the sum owed must be written by the debtor personally. It is this statement that gives the deed its force, and it is the one most often disputed.
What the law says
A deed by which a single person undertakes to pay a sum must bear their signature and the statement of the sum, in words and in figures, written by that person personally (French Civil Code, Code civil, Article 1376). If the two differ, the sum in words prevails.
This statement may be affixed in electronic form, if the conditions of affixing it guarantee that it can only be made by the debtor personally (Civil Code, Article 1174).
How to go about it
- Draft the acknowledgement of debt, and type in yourself the statement of the sum, in words and in figures — for example: "Je reconnais devoir la somme de trois mille euros (3 000 €)" ("I acknowledge owing the sum of three thousand euros (€3,000)").
- Save the document in PDF format.
- Upload it to 1-signature and sign at the qualified level.
It is the debtor who signs: the acknowledgement of debt binds only them, which is why a single signatory is enough.
Why the qualified signature
An acknowledgement of debt is almost always disputed in the same way: "it wasn't me who signed", or "I didn't write that sum". The qualified signature answers the first objection better than any other:
- it is the legal equivalent of a handwritten signature throughout the European Union (eIDAS Regulation);
- it benefits from a presumption of reliability: it is up to whoever disputes it to prove that it is not valid, not the other way round;
- it rests on a verified identity — through France Identité (the French national ID app) at level 5, through Identité Numérique La Poste (La Poste's digital identity) at level 6.
Both levels have the same value and the same price: choose the one whose identity you already have.
Key points
- State clearly the creditor, the amount, and if possible the due date and repayment terms.
- Keep the evidence file with the signed document: it records the signing and its timestamp.
- Download both files within seven days.
