What does the limitation period mean for an outstanding invoice?
A limitation period means that, once a legally defined period has expired, your customer can object to the recovery of the debt. The debt does not simply disappear, but if your customer invokes the limitation period and the invoice is indeed time-barred, you can no longer legally enforce payment.
An invoice may therefore still appear as outstanding in your accounts even though you can no longer recover it through legal action. That is why it is important to review older invoices in good time.
What limitation period applies to B2B invoices in Belgium?
For ordinary contractual claims, the limitation period is generally ten years. However, specific legislation may provide for a different period.
| Type of claim | Usual limitation period | What should you check? |
|---|---|---|
| Ordinary contractual B2B claim | Generally 10 years | Check whether a specific statutory limitation period applies. |
| Certain recurring debts, such as rent | 5 years | The nature of the debt determines whether this rule applies. |
| Specific services or professional activities | A different period may apply | Check the rules applicable to the service or sector concerned. |
These basic rules are based, among other provisions, on Articles 2262bis and 2277 of the former Belgian Civil Code.
When does the limitation period start?
For a standard B2B invoice with an agreed payment term, the due date is generally the starting point for the limitation period. This is the date by which your customer must pay.
For example: you issue an invoice on 1 March with an agreed due date of 31 March. In that case, 31 March is the starting point, not the invoice date of 1 March. Special rules may apply to certain types of claims.
The payment term and the limitation period are therefore two different things:
- The payment term determines when your customer must pay.
- The limitation period determines how long you can legally enforce payment, taking into account any interruption or suspension.
If no payment term has been agreed, the applicable legal rules determine when you can demand payment.
How can you prevent an invoice from becoming time-barred?
You can interrupt the limitation period before it expires. This is known as interruption of the limitation period. An ordinary payment reminder is generally not sufficient. Even a formal notice of default that you send yourself by registered post does not automatically interrupt the limitation period.
Which actions can interrupt the limitation period?
- An IOS procedure through a bailiff. For an undisputed B2B invoice, you can initiate an IOS case. The limitation period is interrupted when the bailiff formally serves the demand for payment on your customer.
- Acknowledgement of the debt by your customer. For example, your customer confirms in writing that they owe the outstanding amount. Keep this confirmation carefully.
- A formal notice of default that meets the legal requirements for interruption. A lawyer or bailiff can send this notice. Specific conditions apply, including requirements relating to its content and delivery.
- A legally valid summons, a formally served payment order or seizure of assets. These formal actions can also interrupt the limitation period.
Interruption therefore does not always require the involvement of a lawyer or bailiff. An acknowledgement of the debt by your customer may also be sufficient. The new limitation period that applies afterwards depends on the action taken and the applicable rules.
In our article about preventing invoices from becoming time-barred, we explain the different ways to interrupt the limitation period in more detail.
What should you do before an invoice becomes time-barred?
Do not wait until the final months to follow up on an outstanding invoice.
- Send a reminder and contact your customer personally. Ask why payment has not been made and record any specific payment arrangements in writing.
- Make sure your case is complete. Gather the contract, invoice, general terms and conditions, proof of delivery and correspondence with your customer.
- Check the applicable limitation period and due date. Determine which limitation period applies to your claim and when it starts.
- Keep every acknowledgement of debt. Written confirmation from your customer can be important evidence that the limitation period has been interrupted.
- Seek professional assistance in good time. Is the limitation period approaching its end? Do not simply continue sending reminders. Have someone assess which action is necessary to protect your rights.
How can Unpaid help with an undisputed B2B invoice?
Is your business customer failing to pay, even though the invoice remains undisputed? You can check whether your case qualifies for the IOS procedure.
Unpaid helps businesses recover undisputed invoices from Belgian business customers through a bailiff. If your case meets the requirements, a bailiff visits your customer within five working days.
This allows you to take concrete action to recover payment. Do not wait until your invoice is almost time-barred before starting your case.
Wondering whether your invoice is time-barred?
With our Limitation Period Calculator, you can easily find out when your invoices become time-barred. Try it and avoid unpaid invoices.
Try Unpaid
Enter your details below to start your first claim. We will then do everything we can to recover your money!
Ready to recover your outstanding invoices?
Enter your details to get started.
Do you have an outstanding invoice and questions about how Unpaid works? Call us on +32 9 396 34 00 or let us know here when you would like us to call you back.
Frequently asked questions
How long can you legally enforce payment of an invoice in Belgium?
For ordinary contractual B2B claims, the limitation period is generally ten years. Where a payment term has been agreed, the due date is usually the starting point. Shorter limitation periods apply to certain claims, such as rent or specific professional services.
Can you still issue an invoice after two years?
A forgotten invoice can still give rise to a payment obligation after two years, provided the claim has not become time-barred. However, issuing the invoice later does not restart a limitation period that is already running.
Separate tax rules also apply to the timely issuing of invoices. A ten-year limitation period therefore does not mean you can wait ten years before issuing an invoice.
Does the limitation period restart after a payment reminder?
No. An ordinary payment reminder generally does not interrupt the limitation period. However, it can be interrupted, for example, if your customer acknowledges the debt or if a demand for payment is formally served as part of the IOS procedure.
Read more about interruption of the limitation period in our article on preventing invoices from becoming time-barred.
Not sure whether your invoice is time-barred? Use Unpaid's Limitation Period Calculator for an initial assessment.
