Limitation periods for invoices and debts in Belgium: which deadline applies?

An unpaid invoice does not disappear on its own, but your right to enforce it in court can. The limitation period for an invoice means that, once a certain time has passed, you can no longer obtain payment through the courts, however well-founded your claim. Conversely, a debtor who receives an old invoice may sometimes be able to rely on the limitation period. This article sets out the Belgian limitation periods for invoices and debts, and explains why an ordinary reminder does not stop the clock.

Invoice limitation period: the general rule of ten years

All personal claims become time-barred after ten years under Article 2262bis, § 1, of the former Civil Code (oud Burgerlijk Wetboek / ancien Code civil). This is the standard period for contractual claims, such as an invoice between businesses or the repayment of a loan. As a rule, the period starts to run as soon as the claim is due: for an invoice, that is the due date, not the invoice date. If you have lent money, also read how to recover money you have lent.

One year: goods sold to a private individual

Where a business sells goods to a private individual, its claim for payment becomes time-barred after one year (Article 2272 of the former Civil Code; the statutory text still refers to merchants selling to persons who are not merchants). This concerns the sale of goods, not services. The same provision applies to claims by bailiffs (gerechtsdeurwaarder / huissier de justice) for payment of their fees for the deeds and assignments they carry out.

This short limitation period is based on a presumption of payment. The creditor may require the debtor who relies on it to swear under oath whether the debt has actually been paid (Article 2275). The period keeps running even if deliveries continue.

It only stops running in the event of a settled account, a written acknowledgement of debt or a writ of summons (dagvaarding / citation) (Article 2274). An old invoice to a private individual is therefore not automatically lost. Have your file reviewed before you give up or pay.

For all invoices to consumers, the rules of Book XIX of the Code of Economic Law (Wetboek van economisch recht / Code de droit économique) also apply. The first reminder is free of charge, and the consumer has fourteen calendar days to pay before any costs may be charged. That reminder does not interrupt the limitation period. More on recovering debts from consumers.

Five years: periodic debts and lawyers’ fees

Anything payable annually or at shorter periodic intervals becomes time-barred after five years (Article 2277). Think of rent, maintenance payments and interest. Each instalment has its own period: older rent arrears may therefore be time-barred while more recent months are still recoverable. A lawyer’s claim for payment of fees and costs also becomes time-barred five years after the end of their engagement (Article 2276bis(2)).

Non-contractual damage: five and twenty years

A claim for compensation based on non-contractual (tort) liability becomes time-barred five years from the day after the injured party became aware of the damage or of its aggravation and of the identity of the person liable. In any event, it becomes time-barred twenty years from the day after the event that caused the damage (Article 2262bis, § 1).

Limitation periods at a glance

• invoice between businesses, loan, contractual claim: as a rule, ten years;
• sale of goods by a business to a private individual: one year, based on a presumption of payment;
• rent, maintenance payments, interest and other periodic debts: five years;
• lawyer’s fees: five years;
• non-contractual damage: five years from awareness, twenty years at most;
• enforcement of a judgment: as a rule, ten years.

Special legislation may provide for different periods, for example in insurance law or for certain claims by public authorities. If in doubt, have the period checked for each claim.

The trap: an ordinary reminder does not interrupt the limitation period of an invoice

Many creditors send reminders for years, assuming that this stops the clock. It does not: even a registered letter you send yourself does not halt the limitation period. The limitation period is interrupted by, among other things:

• a writ of summons, an order to pay served by a bailiff (bevel tot betaling / commandement) or an attachment of assets (beslag / saisie) (Article 2244, § 1);
• an acknowledgement of the debt by the debtor, for example in an email, a proposed payment plan or a partial payment (Article 2248);
• a formal notice (ingebrekestelling / mise en demeure) sent by a lawyer or bailiff that meets the statutory requirements (Article 2244, § 2).

After an interruption, a new limitation period in principle starts to run. In the case of a writ of summons, the interruption continues for as long as the proceedings are pending.

The formal notice that interrupts the limitation period

Since 2013, a formal notice also interrupts the limitation period, provided it is sent by registered post with acknowledgement of receipt by the creditor’s lawyer, by a bailiff instructed for that purpose by the creditor, or by a person entitled to represent the creditor in court under Article 728, § 3, of the Judicial Code. The debtor must have their domicile, residence or registered office in Belgium.

A new one-year period then starts to run, without the claim becoming time-barred before the original period expires. This interrupting effect applies only once: a second formal notice does not interrupt the limitation period again.

The letter must contain, fully and expressly, eight mandatory particulars, including the details of the creditor and the debtor, a description of the obligation, a justification of the amounts claimed, a payment deadline and a statement that the letter interrupts the limitation period. The sender must first check the debtor’s identification details against an administrative document less than one month old. If any one of them is missing, the letter does not interrupt the limitation period. More on the formal notice.

This formal notice is a useful tool when the limitation period is approaching and proceedings are not yet ready. It does not replace proceedings: before the extended period expires, you must take further action, for example by issuing a writ of summons.

After a judgment: ten years to enforce it

If you have obtained a judgment, you generally have ten years to enforce it. That period can also be interrupted, for example by an order to pay or an attachment. A debtor who is insolvent today may have assets again within a few years. More on attachment and enforcement.

Are you the debtor? You must invoke the limitation period yourself

The court does not apply the limitation period of its own motion: the debtor must invoke it (Article 2223 of the former Civil Code). If you receive an invoice that appears to be time-barred, it is therefore important to raise this defence in good time and expressly.

Be careful before paying or acknowledging the debt. Waiving a limitation period that has already run can also happen tacitly, for example through a payment or a written acknowledgement after the period has ended (Articles 2220 and 2221). A time-barred debt that you pay voluntarily generally cannot be reclaimed.

What does this mean for you?

1. Record the due date and the applicable limitation period for every outstanding invoice.
2. Keep every written acknowledgement of the debt: an email or a proposed payment plan can save your case.
3. Do not let a file drag on for years with ordinary reminders: have an interrupting formal notice sent in time, or have the debtor summoned.
4. If you owe an old invoice, have it checked whether the limitation period has already expired before you pay or sign an acknowledgement.

Frequently asked questions

When does the limitation period for an invoice start to run?

As a rule, from the moment the claim becomes due. For an invoice, that is the due date, not the date of the invoice. For periodic debts, a separate period runs for each instalment.

My client acknowledged the debt in an email. What does that mean?

An acknowledgement of debt interrupts the limitation period, after which a new period in principle starts to run. Keep that email carefully, together with any proposed payment plan or partial payment.

My invoice is more than a year old. Is it lost?

Not necessarily. The one-year period applies only to the sale of goods to private individuals and is based on a presumption of payment. Between businesses, the ten-year period generally applies.

Does a registered letter I send myself interrupt the limitation period?

No. Only a formal notice from a lawyer, a bailiff or another person designated by law has that effect, and only if it meets the statutory requirements. Your own letter does remain useful as proof that you requested payment.

Novex Advocaten can help

Is your claim at risk of becoming time-barred, or have you received an invoice that seems too old? We calculate the period, send an interrupting formal notice if necessary and decide on the next step. See also our overview of recovering unpaid invoices.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.