International limitation period
An unpaid invoice cannot be collected indefinitely. There is always a limitation period on invoices, which means that after a set date, the claim expires, and you can no longer demand the right to payment. The obligation to pay will remain, however you can no longer enforce the payment through court intervention.
Often the limitation period varies depending on the debt collection laws of a country or the industry within which the claim arises. However, several methods can be used to interrupt the limitation period. This can buy you more time to take the measures you need to recover your debt.
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A practical example: how does a limitation period on invoices work?
Imagine you have delivered products to your foreign customer. On 1 April 2017, you send the corresponding invoice, with a payment term of 30 days. However, your customer does not pay. The due date of the invoice is 1 May 2017. From this moment on, the limitation period of 3 years will hold. On 1 May 2020, your invoice will become time-barred, and you can no longer take legal action.
Therefore, it is extremely important to be aware of the conditions that apply to your case. When dealing with limitation periods there are two key points you should keep in mind:
What is the limitation period? This often differs per country and industry and will not always be the same according to the laws in your own country.
How can you interrupt a limitation? Countries not only have different limitation periods, but the measures you can take to interrupt a limitation period also differ. While in some countries sending a payment reminder will be sufficient, in others it can only be interrupted by taking immediate legal action.
Exceptions to limitation periods: European transport law
While different countries can have different limitation periods, different rules can also apply to different sectors. An exception that applies to all European countries, is the statute of limitations for claims within the transport sector. Claims arising from this industry have a shorter limitation period of 1 year.
International limitation periods across countries
Below you will find an overview of the limitation periods in various European countries and how the statute of limitations can be interrupted.
Limitation period Belgium
Claims that fall under Belgian debt collection laws have a limitation period of 10 years that apply when the claim is due and payable.
The limitation period can be interrupted by:
1. Acknowledgement of the claim by the debtor
2. Initiation of legal proceedings (ordinary civil proceedings)
3. A notice of default with a confirmation sent by your solicitor.
Exceptions: claims under transport law lease contracts have a limitation period of 1 year.
Limitation period Czech Republic
Claims that fall under Czech debt collection laws have a limitation period of 3 years that apply when the claim is due and payable.
The limitation period can be interrupted by:
1. Acknowledgement of the claim by the debtor
2. Initiating legal proceedings against your debtor.
Exceptions: claims under transport law lease contracts have a limitation period of 1 year.
Limitation period Denmark
Claims that fall under Danish debt collection laws have a limitation period of 3 years that apply when the claim is due and payable.
The limitation period can be interrupted by:
1. Acknowledgement by the debtor
2. Initiating legal proceedings against your debtor
3. Filing a claim in a bankruptcy
4. Request for bailiff service
Limitation period France
- Limitation period for business claims: 5 years
- Exceptions:
1. Transport law 1 year
2. Construction companies: 10 years - Limitation period will apply when the claim is due and payable
- Limitation period in France can be interrupted as follows:
1. Acknowledgement of the claim by the debtor
2. Initiation of legal proceedings.
Limitation period Germany
Claims under German debt collection laws have a limitation period of 3 years that apply towards the end of the year in which the claim arises. In Germany, claims can only be interrupted by initiating legal proceedings.
Exceptions: claims under transport law have a limitation period of 1 year and claims under construction law 2 years.
Limitation period Greece
Claims under Greek debt collection laws have a limitation period of 5 years that applies as soon as the claim is due and payable.
The limitation period can be interrupted by:
1. Acknowledgement of the claim by the debtor
2. Initiation of legal proceedings.
Exception: transport claims with a limitation period of 1 year.
Limitation period Ireland
Claims under Irish debt collection laws have a limitation period of 6 years that applies as soon as the claim is due and payable.
The limitation period can be interrupted by:
1. Sending a payment reminder through a lawyer. Specific conditions for this reminder apply
2. An acknowledgement of the outstanding amount by the debtor
3. Initiating legal proceedings against your debtor
Limitation period Italy
Claims under Italian debt collection laws have a limitation period of 10 years that applies as soon as the claim is due and payable.
Limitation period in Italy can be interrupted by:
1. Acknowledgement of the claim by the debtor
2. Initiation of legal proceedings
3. Sending a letter of formal notice.
Exceptions: transport and insurance claims have a limitation period of 1 year while claims arising from the legal sector have a limitation period of 3 years.
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Limitation period The Netherlands
Claims under Dutch debt collection laws have a limitation period of 5 years that applies as soon as the claim is due and payable.
Limitation period in the Netherlands can be interrupted by:
1. Acknowledgement of the claim by the debtor
2. Initiation of legal proceedings
3. Sending a demand letter.
Exception: transport claims with a limitation period of 1 year.
Limitation period Poland
Claims that fall under Polish debt collection laws have a limitation period of 3 years that apply towards the end of the year in which the claim arises.
Limitation period in Poland can be interrupted by:
1. Acknowledgement of the claim by the debtor
2. Initiation of legal proceedings
3. Initiation of mediation.
Exceptions: transport claims with a limitation period of 1 year and contracts concerning the sale of goods have a limitation period of 2 years.
Limitation period Portugal
Claims under Portuguese debt collection laws have a limitation period of 20 years that applies as soon as the claim is due and payable. In Portugal, claims can only be interrupted by initiating legal proceedings.
Exception: transport claims with a limitation period of 1 year.
Limitation period Romania
Claims that fall under Romanian debt collection laws have a limitation period of 3 years that applies as soon as the claim is due and payable.
Limitation period in Romania can be interrupted by:
1. Acknowledgement of the claim by the debtor
2. Initiation of legal proceedings
3. Once the debtor has been declared to be in default.
Exception: transport claims with a limitation period of 1 year.
Limitation period Spain
Claims that fall under Spanish debt collection laws have a limitation period of 5 years that applies as soon as the claim is due and payable.
Limitation period in Spain can be interrupted by:
1. Acknowledgement of the claim by the debtor
2. A Burofax from or to the debtor confirming the existence of an outstanding invoice.
3. Initiation of ordinary civil proceedings.
Exception: transport claims have a limitation period of 1 year while claims arising from the legal sector or claims based on unpaid cheques (juicio cambiario) have a limitation period of 3 years.
Limitation period Switzerland
Claims that fall under Swiss debt collection laws have a limitation period of 3 years that applies as soon as the claim is due and payable.
Limitation period in Switzerland can be interrupted by:
1. Acknowledgement of the claim by the debtor
2. Initiation of legal proceedings
3. An official declaration that the debtor is in default.
Exception: transport claims with a limitation period of 1 year.
Limitation period Turkey
Claims that fall under Turkish debt collection laws have a limitation period of 10 years that applies as soon as the claim is due and payable.
Limitation period in Turkey can be interrupted by:
1. Acknowledgement of the claim by the debtor
2. Initiation of legal proceedings
3. Debtor has made a partial payment.
Exception: transport claims with a limitation period of 1 year.
Limitation period United Kingdom
Claims that fall under the law in England and Wales limitation period of 6 years that applies as soon as the claim is due and payable.
Limitation period in England and Wales can be interrupted by:
1. Written and signed acknowledgement by the debtor
2. Standstill agreement between two parties.
More information on international limitation period
Do you have a foreign outstanding claim, and would you like to know more about the limitation period or the statute of limitations? Feel free to contact us for more information. Our international solicitors will be happy to help you.
