B2B debt prescription: the deadlines you need to know
An unpaid debt doesn’t stay recoverable forever. Here is the applicable deadline, its starting point, and what can interrupt or suspend it before it’s too late to act.
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The 5-year limitation period
Under French law, the statute of limitations applicable to debts arising between businesses is 5 years, set by Article L110-4 of the French Commercial Code. This period starts from the debt’s due date — the date payment should have occurred under the agreed terms — not the invoice’s issue date.
In practice: an invoice issued on January 1st with a 60-day payment term becomes due on March 2nd. That date marks the start of the 5-year period, not the invoicing date.
Once this period has passed, the creditor loses the right to sue for forced payment of the debt. The debt isn’t cancelled in principle, but it becomes unenforceable through legal action — a debtor acting in bad faith can invoke the statute of limitations to have any claim dismissed, even if the debt is real and documented.
Interruption and suspension
Two mechanisms preserve a creditor’s rights beyond simple passive waiting, but they don’t work the same way:
- Interruption resets a new 5-year period from zero. It results from specific acts: a debt acknowledgment signed by the debtor, legal action (a lawsuit, a payment order), or an enforcement measure. A simple amicable follow-up — email, letter, phone call — has no interrupting effect, no matter how often repeated.
- Suspension temporarily pauses the clock, without cancelling it: once the cause of suspension ends (for example an ongoing mediation), the period resumes where it stopped, without resetting to zero.
This distinction has a direct practical consequence: a debt followed up on for years without ever leading to a debt acknowledgment or legal action can drift dangerously close to being time-barred, despite looking like an “active” case.
Why not to wait
The main risk isn’t losing the debt itself — it’s silently losing the right to recover it through legal action, which happens if no interrupting act was ever taken. Three habits limit this risk:
- Document every follow-up and every debtor response systematically, to build a solid file when the time comes.
- Request a written debt acknowledgment as soon as the debtor admits owing the amount, even if they can’t pay immediately — this act interrupts the limitation period.
- Don’t let an old debt sit dormant: beyond a few months without payment or written commitment, a formal notice followed, if necessary, by legal action becomes the best safeguard against the statute of limitations.
Debt prescription: your most frequent questions
What is the statute of limitations on a commercial debt in France?
The standard period for obligations between businesses is 5 years, under Article L110-4 of the French Commercial Code. After this period, the creditor loses the right to sue for payment — the debt becomes legally unenforceable, even though it remains owed in principle.
When does this 5-year period start running?
The starting point is the debt's due date — the date payment should have occurred under the agreed terms (the invoice's payment deadline) — not the invoice issue date itself.
Is sending a follow-up enough to interrupt the limitation period?
No. A simple amicable follow-up (email, letter, phone call) does not interrupt the limitation period. Only specific acts do: a debt acknowledgment signed by the debtor, legal action, or an enforcement measure. That's a major reason not to let an old debt rest on informal follow-ups alone.
What is the difference between interrupting and suspending the period?
Interruption resets a new 5-year period from zero (e.g. a debt acknowledgment, a lawsuit). Suspension temporarily pauses the clock without cancelling it: once the cause of suspension ends, the period resumes where it stopped. Both exist in French law but apply in different circumstances.
What happens if I let the limitation period expire?
The debtor can invoke the statute of limitations to have any legal claim dismissed, even if the debt is real and undisputed on the merits. The debt isn't cancelled on the books, but it becomes unenforceable through legal action — an avoidable loss if action is taken in time.
Is the limitation period the same for every type of debt?
The 5-year period is the standard rule for debts between businesses, but certain special cases (goods sold to consumers, liability claims, specific contractual clauses) can fall under different periods. When in doubt about a specific case, a targeted legal opinion remains the safest check.
An old debt sitting in your books? Let's check where it stands
A first conversation is enough to assess a debt against the limitation period and decide on the best action before it's too late.
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Quick assessment
We evaluate with you the actual age of the debt and the risk of it becoming time-barred.
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Action at the right time
Follow-up, formal notice, or legal procedure: the right step is taken before the deadline becomes critical.
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A solid file
Every exchange is documented to protect your rights in case of legal action.