How long can a company chase a debt? Limitation periods for commercial debt by country
How long can a company chase a debt? The short answer
It depends on the law that governs the contract. For an unpaid B2B invoice the general limitation period is three years in Germany, China and South Africa, five years in the Netherlands, Spain, Hungary and Saudi Arabia, six years in England and Wales and Singapore, and ten years in Italy, Switzerland, Sweden and Mexico. Once it has run out, the debtor can raise the time limit as a defense, and you can usually no longer get a court order for payment.
The table below covers 23 countries and the United States. Each row names the legal basis and links to the source, with the date it was checked. Many countries also have shorter special periods for particular claims, such as rent, interest or professional fees. This page is general information, not legal advice.
Which country's limitation period applies
The limitation period comes from the law that governs the contract, not from the court that hears the case. In the EU, the law applicable to a contract governs "prescription and limitation of actions" (Rome I Regulation, Article 12(1)(d)). Courts in England and Wales follow the same idea: where another country's law applies, "the law of that other country relating to limitation shall apply" (Foreign Limitation Periods Act 1984, s.1(1)(a)).
Without a choice of law clause, an EU court applies the law of the seller's country to a sale of goods and the law of the service provider's country to services (Rome I, Article 4(1)(a) and (b)). An Italian supplier selling to a German buyer with no choice of law clause is therefore likely to have Italy's ten years, not Germany's three. A clear clause removes the doubt: see contract clauses for selling abroad.
Limitation periods for commercial debt by country
General limitation period for a claim to payment of a B2B invoice, as of 27 October 2026. Click a country for our guide to collecting there.
| Country | Limitation period for a B2B invoice | When it starts | Legal basis | Source and date checked |
|---|---|---|---|---|
| Australien | 6 years in New South Wales; 3 years in the Northern Territory. Each state and territory sets its own period | From the date the cause of action first accrued | Limitation Act 1969 (NSW), s.14; Limitation Act 1981 (NT), s.12 | AustLII (NSW s.14), checked 21 July 2026 |
| Österreich | 3 years for claims for goods, work or services supplied in a business; 30 years as the general rule | When the right could first have been exercised | ABGB §1486 no. 1; §1478 | RIS, Bundeskanzleramt, checked 27 October 2026 |
| Belgien | 10 years for personal actions, including contract claims | From when the right of action arose | Code civil (former), art. 2262bis §1 | Constitutional Court, judgment 164/2014, quoting the article, checked 27 October 2026 |
| Kanada | Ontario: 2 years, and never more than 15 years after the act or omission. Each province sets its own period | From the day the claim was discovered (Ontario) | Limitations Act, 2002 (Ontario), ss. 4 and 15 | Ontario e-Laws, checked 27 October 2026 |
| China | 3 years, with a 20-year outer limit | From when the creditor knew or should have known that its right was harmed and who the obligor is | Civil Code, art. 188 | gov.cn, official English text, checked 27 October 2026 |
| Zypern | 6 years; 3 years for fees of lawyers, doctors, architects, engineers, contractors and other professionals | From the day the cause of action was complete | Law 66(I)/2012 on limitation of actionable rights, art. 7 | CyLaw, checked 27 October 2026 |
| Tschechien | 3 years, with a 10-year objective limit | From the day the right could first be exercised | Civil Code (Act 89/2012 Coll.), s.629 | e-Sbírka, checked 15 September 2026 |
| Deutschland | 3 Jahre | From the end of the year in which the claim arose and the creditor learned of it and of the debtor | BGB §195 and §199(1) | §195; §199, checked 27 October 2026 |
| Ungarn | 5 Jahre | When the claim falls due | Civil Code (Act V of 2013), s.6:22 | Jogtár consolidated text, checked 27 October 2026 |
| Indien | 3 Jahre | Depends on the type of claim; for an open running account, from the close of the year in which the last item was entered | Limitation Act 1963, Schedule, Article 1 | India Code, checked 17 September 2026 |
| Italien | 10 years; 5 years for periodic payments such as interest | From the day the right can be enforced | Codice civile, arts. 2946, 2948 and 2935 | Ragioneria Generale dello Stato (art. 2946), checked 27 October 2026 |
| Malta | 5 years for debts from commercial transactions, unless a shorter period applies or the debt results from a public deed | From the day the action can be exercised | Civil Code (Cap. 16), arts. 2156(f) and 2137 | legislation.mt, checked 27 October 2026 |
| Mexiko | 10 years, unless the Commercial Code sets a shorter period for the claim | From the day the action could legally be brought | Código de Comercio, arts. 1047 and 1040 | Cámara de Diputados, checked 27 October 2026 |
| Niederlande | 5 years for a claim to performance of a contract; 20 years as the general rule | From the day after the claim fell due | Burgerlijk Wetboek, arts. 3:307(1) and 3:306 | wetten.overheid.nl, checked 27 October 2026 |
| Polen | 3 years for claims linked to running a business (6 years as the general rule); the period ends on the last day of a calendar year | From the day the claim became due | Kodeks cywilny, arts. 118 and 120 §1 | Sejm, Dz.U. 2025 poz. 1071, checked 27 October 2026 |
| Portugal | 20 years as the ordinary period; a 2-year presumption of payment applies to sales to buyers that are not merchants or do not buy for their trade | When the right can be exercised | Código Civil, arts. 309, 317 and 306(1) | PGD Lisboa, checked 27 October 2026 |
| Saudi-Arabien | 5 years for claims within the jurisdiction of the commercial courts | From the date of the cause of action, unless the defendant confirms the claim or the claimant gives the court an acceptable reason | Law of Commercial Courts, art. 24 | Ministry of Justice, checked 27 October 2026 |
| Singapur | 6 Jahre | From the date the cause of action accrued | Limitation Act 1959, s.6(1)(a) | Singapore Statutes Online, checked 27 October 2026 |
| Südafrika | 3 Jahre | As soon as the debt is due, but not before the creditor knows who the debtor is and the facts of the debt | Prescription Act 68 of 1969, ss. 11(d) and 12 | Department of Justice, checked 27 October 2026 |
| Spanien | 5 years for personal actions without a special period | From the day performance of the obligation can be demanded | Código Civil, arts. 1964(2) and 1969 | BOE, checked 27 October 2026 |
| Schweden | 10 years; 3 years for claims against consumers | From when the claim arose | Preskriptionslag (1981:130), 2 § | Riksdagen, checked 27 October 2026 |
| Schweiz | 10 years; 5 years for specific claims such as craft work, retail sales of goods and lawyers' fees | When the claim falls due | Code of Obligations, arts. 127, 128 and 130(1) | Fedlex (version of 1 October 2026), checked 27 October 2026 |
| Vereinigtes Königreich | England and Wales: 6 years. Scotland: 5 years (the obligation is extinguished by prescription) | England and Wales: from the date the cause of action accrued | Limitation Act 1980, s.5; Prescription and Limitation (Scotland) Act 1973, s.6 and Schedule 1 para. 1(g) | legislation.gov.uk (s.5); legislation.gov.uk (Scotland s.6), checked 27 October 2026 |
| Vereinigte Staaten | Set by each state; see the note below the table | Under the UCC, when the breach occurs | State law; UCC §2-725 for sales of goods | Cornell LII (UCC §2-725), checked 27 October 2026 |
United States: each state sets its own period
There is no federal limitation period for an unpaid business invoice; state law decides. For contracts for the sale of goods, the Uniform Commercial Code says an action "must be commenced within four years after the cause of action has accrued", and the parties may reduce the period "to not less than one year but may not extend it" (UCC §2-725). States adopt the UCC in their own statutes. For other contracts the period varies by state: New York, for example, allows six years for "an action upon a contractual obligation or liability, express or implied" (CPLR §213). Check the state whose law governs your contract, or see our guide to debt collection in the United States.
How to stop the clock
Every country lists the acts that restart or pause the limitation period. The debtor's acknowledgment, a part payment and court action appear almost everywhere. A reminder letter counts in some countries and not in others:
| Country | What restarts or pauses the period |
|---|---|
| England and Wales | If the debtor acknowledges the claim or makes any payment, the right is treated as accruing again on that date (Limitation Act 1980, s.29(5)). The acknowledgment must be in writing and signed (s.30(1)) |
| Deutschland | An acknowledgment, for example a part payment or an interest payment, restarts it (BGB §212(1)). Serving a court payment order (Mahnbescheid) pauses it (§204(1) no. 3), and so do negotiations until one side ends them (§203) |
| Niederlande | A written reminder (schriftelijke aanmaning) or a written notice in which you clearly reserve your right to payment interrupts it (BW art. 3:317(1)) |
| Schweden | Interrupted when the debtor acknowledges the claim, receives a written demand or reminder, or when you go to court; a new period then runs from that day (Preskriptionslag 5 § and 6 §) |
| Polen | Interrupted by an action before a court or enforcement authority, or by the debtor acknowledging the claim; after each interruption it runs again (Kodeks cywilny, arts. 123 §1 and 124 §1) |
| Ungarn | Interrupted by the debtor acknowledging the debt, an agreed change or settlement, or court action that ends in a final decision (Civil Code, s.6:25(1)) |
Keep the proof: a signed acknowledgment, a bank record of the part payment or the dated reminder.
What to do before the period runs out
- Note the limitation date when the invoice falls due, under the law that governs the contract.
- Escalate on a schedule. Reminders, then a final demand: see our demand letter templates and what to do about unpaid invoices.
- Ask for a written acknowledgment or a payment plan. In many countries in the table, an acknowledgment restarts the period.
- Hand over in time for legal action. A court claim, a European payment order or enforcement abroad all take time to prepare: see enforcing a judgment abroad.
- Do not threaten court action you can no longer take. If a claim is time-barred and you still ask the debtor to pay, do not suggest that court action is still possible.
Interest keeps running while you wait, and you can usually add it to the claim: see late payment interest by country.
How Debitura fits
Hand over well before the limitation date. A claim that is already time-barred is not eligible for collection on Debitura. For live claims, we match your case to a vetted local partner in the debtor's country, based on the type of debtor, the claim and how partners perform on our platform, in 180 countries.
One Standard Debt Collection Agreement covers pre-legal collection of undisputed unpaid invoices in every country we serve. There is no upfront cost: you pay a success fee only when money is recovered, from 6% in Europe and 7.5% elsewhere, depending on claim size and the debtor's country (see pricing). Legal action is optional, quoted separately and only starts if you accept the quote.
See how our commercial collection agency service works, the steps in how it works, what B2B debt collection involves, and our guide to international debt collection.
Frequently asked questions
How long can a company chase a debt?
As long as the limitation period of the law that governs the contract. For a B2B invoice that is three years in Germany, China and South Africa, five years in the Netherlands, Spain and Hungary, six years in England and Wales and Singapore, and ten years in Italy, Switzerland and Sweden. The debt still exists afterwards, but the debtor can refuse to pay and a court will usually not order payment.
What is the limitation period for an unpaid invoice in the UK?
In England and Wales, six years from the date the cause of action accrued (Limitation Act 1980, s.5). In Scotland, a contractual obligation is extinguished after five years without a relevant claim or acknowledgment (Prescription and Limitation (Scotland) Act 1973, s.6).
Does sending a reminder restart the limitation period?
In some countries it does. In the Netherlands a written reminder interrupts the period, and in Sweden a written demand or reminder does too. In England and Wales and in Germany a reminder on its own is not one of the listed acts: you need the debtor's acknowledgment or a payment, or court action.
Can I still collect a time-barred debt?
The debt does not disappear, but you can usually no longer enforce it in court. In Hungary, for example, a time-barred claim cannot be enforced in court proceedings, but money the debtor pays on it cannot be claimed back (Civil Code, s.6:23). Time-barred claims are not eligible for collection on Debitura.
Which country's limitation period applies to a cross-border invoice?
The law that governs the contract. In the EU that law also governs prescription and limitation (Rome I, Article 12(1)(d)). Without a choice of law clause, a sale of goods is usually governed by the law of the seller's country.
Is the limitation period different for consumer debts?
Sometimes. In Sweden, a claim against a consumer for goods or services supplied by a business is time-barred after three years instead of ten. This page covers claims between businesses.
Can the parties change the limitation period in the contract?
It depends on the country. In Poland, limitation periods cannot be shortened or extended by agreement (Kodeks cywilny, art. 119). In Hungary, an agreement that changes the period must be in writing (Civil Code, s.6:22(3)). Under the US UCC, parties to a sale of goods may shorten the period to not less than one year.
When does the limitation period start?
It differs. In Hungary, South Africa and Switzerland it starts when the claim falls due. In Germany it starts at the end of the year in which the claim arose and the creditor knew about it. In China and in Ontario it runs from when the creditor knew or discovered the claim.
Quellen
- EUR-Lex, Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I), Articles 4 and 12 (2008). eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32008R0593
- legislation.gov.uk, Foreign Limitation Periods Act 1984, section 1 (1984). www.legislation.gov.uk/ukpga/1984/16/section/1
- AustLII (NSW s.14), Australia: Limitation Act 1969 (NSW), s.14; Limitation Act 1981 (NT), s.12 (2026). classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s14.html
- RIS, Bundeskanzleramt, Austria: ABGB §1486 no. 1; §1478 (2026). www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer
- Constitutional Court, judgment 164/2014, quoting the article, Belgium: Code civil (former), art. 2262bis §1 (2026). fr.const-court.be/public/f/2014/2014-164f.pdf
- Ontario e-Laws, Canada: Limitations Act, 2002 (Ontario), ss. 4 and 15 (2026). www.ontario.ca/laws/statute/02l24
- gov.cn, official English text, China: Civil Code, art. 188 (2026). english.www.gov.cn/archive/lawsregulations/202012/31/content_WS5fedad9
- CyLaw, Cyprus: Law 66(I)/2012 on limitation of actionable rights, art. 7 (2026). www.cylaw.org/nomoi/enop/non-ind/2012_1_66/full.html
- e-Sbírka, Czechia: Civil Code (Act 89/2012 Coll.), s.629 (2026). www.e-sbirka.cz/sb/2012/89
- §195, Germany: BGB §195 and §199(1) (2026). www.gesetze-im-internet.de/bgb/__195.html
- §199, Germany: BGB §195 and §199(1) (2026). www.gesetze-im-internet.de/bgb/__199.html
- Jogtár consolidated text, Hungary: Civil Code (Act V of 2013), s.6:22 (2026). net.jogtar.hu/jogszabaly?docid=a1300005.tv
- India Code, India: Limitation Act 1963, Schedule, Article 1 (2026). upload.indiacode.nic.in/schedulefile?aid=AC_CEN_3_20_00005_196336_1517
- Ragioneria Generale dello Stato (art. 2946), Italy: Codice civile, arts. 2946, 2948 and 2935 (2026). www.rgs.mef.gov.it/_Documenti/VERSIONE-I/CIRCOLARI/2017/27/Codice_Civi
- legislation.mt, Malta: Civil Code (Cap. 16), arts. 2156(f) and 2137 (2026). legislation.mt/getpdf/69c3abbb1b75750ef87a6312
- Cámara de Diputados, Mexico: Código de Comercio, arts. 1047 and 1040 (2026). www.diputados.gob.mx/LeyesBiblio/pdf/CCom.pdf
- wetten.overheid.nl, Netherlands: Burgerlijk Wetboek, arts. 3:307(1) and 3:306 (2026). wetten.overheid.nl/BWBR0005291/
- Sejm, Dz.U. 2025 poz. 1071, Poland: Kodeks cywilny, arts. 118 and 120 §1 (2026). api.sejm.gov.pl/eli/acts/DU/2025/1071/text.pdf
- PGD Lisboa, Portugal: Código Civil, arts. 309, 317 and 306(1) (2026). www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=775&tabela=leis&ar
- Ministry of Justice, Saudi Arabia: Law of Commercial Courts, art. 24 (2026). www.moj.gov.sa/Documents/Regulations/pdf/En/96.pdf
- Singapore Statutes Online, Singapore: Limitation Act 1959, s.6(1)(a) (2026). sso.agc.gov.sg/Act/LA1959
- Department of Justice, South Africa: Prescription Act 68 of 1969, ss. 11(d) and 12 (2026). justice.gov.za/legislation/acts/1969-068.pdf
- BOE, Spain: Código Civil, arts. 1964(2) and 1969 (2026). www.boe.es/buscar/act.php?id=BOE-A-1889-4763
- Riksdagen, Sweden: Preskriptionslag (1981:130), 2 § (2026). www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssam
- Fedlex (version of 1 October 2026), Switzerland: Code of Obligations, arts. 127, 128 and 130(1) (2026). www.fedlex.admin.ch/eli/cc/27/317_321_377/de
- legislation.gov.uk (s.5), United Kingdom: Limitation Act 1980, s.5; Prescription and Limitation (Scotland) Act 1973, s.6 and Schedule 1 para. 1(g) (2026). www.legislation.gov.uk/ukpga/1980/58/section/5
- legislation.gov.uk (Scotland s.6), United Kingdom: Limitation Act 1980, s.5; Prescription and Limitation (Scotland) Act 1973, s.6 and Schedule 1 para. 1(g) (2026). www.legislation.gov.uk/ukpga/1973/52/section/6
- Legal Information Institute, Cornell Law School, Uniform Commercial Code §2-725, Statute of limitations in contracts for sale (2026). www.law.cornell.edu/ucc/2/2-725
- New York State Senate, New York CPLR §213, Actions to be commenced within six years (2026). www.nysenate.gov/legislation/laws/CVP/213
- legislation.gov.uk, Limitation Act 1980, section 29 (fresh accrual on acknowledgment or part payment) (1980). www.legislation.gov.uk/ukpga/1980/58/section/29
- legislation.gov.uk, Limitation Act 1980, section 30 (formal provisions for acknowledgments) (1980). www.legislation.gov.uk/ukpga/1980/58/section/30
- gesetze-im-internet.de, BGB §212 Neubeginn der Verjährung (2026). www.gesetze-im-internet.de/bgb/__212.html
- gesetze-im-internet.de, BGB §204 Hemmung der Verjährung durch Rechtsverfolgung (2026). www.gesetze-im-internet.de/bgb/__204.html
- gesetze-im-internet.de, BGB §203 Hemmung der Verjährung bei Verhandlungen (2026). www.gesetze-im-internet.de/bgb/__203.html
Reviewed by the Debitura team, October 2026.
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