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Unpaid invoices: how long is the statute of limitations, and what should I do next?

Unpaid invoices: how long is the statute of limitations, and what should I do next?

Temps de lecture : 5 minutes

If your customer doesn't pay, you can't sue indefinitely. Once the statute of limitations has expired, legal collection becomes impossible. That's why it's essential to know the rules applicable to each type of invoice, so you can act in good time.

5 years for professionals and 2 years for individuals

The limitation period for invoices is 5 years between professionals ( article L. 110-4 of the French Commercial Code ) and 2 years for private individuals ( article L. 218-2 of the French Consumer Code ), from the payment due date.

Invoice prescription: definition and operation

Prescription is the period during which a creditor can take legal action to obtain payment of an unpaid invoice.

Why is there a time limit?

The limitation period protects debtors from taking action too late, and prevents long-standing debts that are difficult to prove from poisoning business relations indefinitely. It also promotes regularity and transparency in the management of disputes.

When does the limitation period start to run?

The starting point is the due date indicated on the invoice . For example, if the payment deadline is 30 days after issue, the statute of limitations begins to run. 30 days after invoice date unless otherwise stipulated in the contract.

The statute of limitations for individual invoices

The limitation period varies according to the debtor's legal status and the nature of claim . Here's what the law says about each situation.

Between two professionals: 5 years (French Commercial Code)

For inter-company receivables, the limitation period is 5 years in accordance with Article L110-4 of the French Commercial Code . This means that the creditor has 5 years from the due date of the invoice to take legal action for collection.

Example: an invoice issued on January 1, 2024 with a 30-day payment term can be claimed up to February 1, 2029.

This period applies to all commercial relationships between companies, the self-employed or the professions .

Between a professional and a private individual: 2 years (French Consumer Code)

When the debtor is a consumer, the limitation period is reduced to 2 years , and vertu de Article L218-2 of the French Consumer Code . This rule is designed to protect individuals against late prosecution.

The starting point remains the invoice due date. An unpaid invoice due on March 15, 2023 is time-barred on March 15, 2025.

Legal action taken after this deadline will be inadmissible, even if the debt is real.

Special cases: condominiums, telecoms, healthcare...

Some sectors have special rules:

These exceptions need to be known in advance to avoid time-barred litigation.

What can the creditor do once the statute of limitations has expired?

Once the prescription has been reached, the creditor can no longer take legal action to force payment with only a few exceptions. This severely limits recovery levers. There are still options, however, albeit more uncertain.

Amicable settlement remains possible, but uncertain

Even after the legal time limit has expired, the claim is not automatically cancelled . In theory, the debtor can still pay voluntarily particularly in an amicable setting.

Le Civil Code ( article 2247 ) provides that the judge cannot raise the issue of prescription ex officio in commercial matters.

In concrete terms, as long as the debtor does not contest the debt on the grounds that it is time-barred payment is still possible. This is the case for :

  • If the creditor continues to raise funds without threat of legal action

  • If the debtor recognizes the debt in writing or pay a partial payment which can even interrompre prescription (article 2240 of the French Civil Code)

In practice, however, old debts are rarely settled spontaneously. According to a study by AFDCC , over 80% of receivables over 3 years old remain uncollectible even in an amicable attempt.

Can the judge refuse an action out of time?

Yes, the judge must dismiss any legal action brought after the statute of limitations has expired if the debtor raises this point in his defense.

There are two plans:

  • Between professionals the judge cannot invoke prescription ex officio . We need the debtor expressly raises it .

  • With a consumer : the judge is obliged to apply the statute of limitations even if the debtor says nothing. This is provided for by Article L141-4 of the French Consumer Code .

In both cases, the legal action becomes legally inadmissible once the deadline has passed. The only hope then lies in a voluntary negotiation or a acknowledgement of debt from the customer.

How does suspension and interruption of the time limit work?

Some actions can temporarily or totally freeze the limitation period . It is therefore essential to understand these mechanisms to avoid unknowingly losing your rights.

The difference between suspension and interruption

Suspension temporarily stops the countdown, but the period then resumes where it left off. For example, if the period is suspended after 2 years, it will resume with 3 years remaining.

Interruption on the other hand, completely resets the delay . Once the interruptive action has been completed, a full new period (2 or 5 years) starts to run again.

These concepts are explained in the articles 2230 à 2232 of the Civil Code .

Actions that stop the counter (conciliation, partial payment, etc.)

Here are the main events that can interrupt or suspend the statute of limitations :

  • A writ of summons (summary proceedings or proceedings on the merits)

  • Written acknowledgement of debt by the debtor

  • Partial payment by the customer

  • Mediation, conciliation or participatory procedure (article 2238 of the French Civil Code)

  • A statement of claim in collective proceedings

Please note: a simple formal notice does not interrupt the statute of limitations . Only the service of a judicial document (such as an order for payment) can do this.

Protect your cash flow with Heropay before the prescription expires

The older a bill gets, the harder it is to collect. According to Euler Hermes , the collection rate drops to 50% after 6 months of non-payment .

With Heropay you can get an advance on your invoices as soon as they are issued without waiting for the customer to pay. This means :

  • Avoid cash flow tensions linked to payment delays

  • Drastically reduce the risk of overdue payments

  • Secure your cash flow in real time

Don't let your bills get bogged down. Test Heropay free of charge and accelerate your payments today.

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Écrit par

Valentin Orru

Head of growth

24/07/2025