{"id":256321,"date":"2024-09-16T15:22:34","date_gmt":"2024-09-16T13:22:34","guid":{"rendered":"https:\/\/www.easyap.com\/?p=252139"},"modified":"2026-08-17T15:03:14","modified_gmt":"2026-08-17T13:03:14","slug":"reclamar-facturas-impagadas","status":"publish","type":"post","link":"https:\/\/www.easyap.com\/en\/blog\/reclamar-facturas-impagadas\/","title":{"rendered":"How to claim unpaid invoices?"},"content":{"rendered":"

A non-payment is an immense risk to a company’s financial stability. That’s why it’s crucially important to know how and when to start the process to <\/span>recover outstanding <\/b>electronic invoices<\/b><\/a> or paper invoices<\/b>. And equally important is knowing the deadlines for when these debts become unenforceable, because if they pass, you won’t be able to turn to legal action to recover them. Below, we tell you <\/span>when an unpaid invoice becomes unenforceable, how to claim it, and how to prevent them from affecting your liquidity<\/b>. Furthermore, we reveal how EasyAP improves your invoicing process with automated solutions for non-payments.<\/span><\/p>\n

What is the statute of limitations for an unpaid invoice?<\/span><\/h2>\n

By definition, the statute of limitations for an unpaid invoice <\/span>is the time limit set by law for claiming a debt<\/b>. Once this period has passed without a legal claim being made, the creditor loses the right to demand payment. <\/span><\/p>\n

In Spain, the regulations governing non-payments are contained in the <\/span>Civil Code (articles 1961 to 1973) and the <\/b>Civil Procedure Law (LEC)<\/b><\/a>. <\/b>Together, they outline the guidelines and processes to follow for legally claiming unpaid invoices.<\/span><\/p>\n

So, if a company does not claim an invoice within the statute of limitations period, <\/span>it will lose the right to collect it.<\/b> Consequently, this often leads to significant financial losses and seriously affects a company’s liquidity and operations.<\/span><\/p>\n

But when does the statute of limitations period begin?<\/span><\/h3>\n

The statute of limitations period begins to run <\/span>from the moment the debt is due<\/b>. That is, in the case of unpaid invoices, the time starts to count <\/span>from the invoice’s due date. <\/b>And if none is established, the debt is considered due from the moment the good or service is delivered to the client.<\/span><\/p>\n

On the other hand, you should also consider that <\/span>the period can be interrupted if the creditor initiates a formal action to claim non-payment of an invoice, <\/b>whether an out-of-court or judicial demand. In such cases, the period restarts.<\/span><\/p>\n

When does an unpaid invoice become time-barred in Spain?<\/span><\/h2>\n

Following up on what we mentioned in the previous point, in Spain the statute of limitations for unpaid invoices depends on the relationship between the parties and the nature of the debt. Article <\/span>1964 of the Civil Code<\/span><\/a> states that, in general, <\/span>personal actions without a specific statute of limitations become time-barred after 5 years.<\/b> This is the period commonly applied to commercial debts, unless exceptions exist.<\/span><\/p>\n

To clarify further, below we detail the general statutes of limitations for different <\/span>types of unpaid invoices<\/b><\/a>:<\/span><\/p>\n\n

Type of Debt<\/b>
\nStatute of Limitations Period<\/b>
\nLegal Reference<\/b><\/p>\n

Commercial Invoices<\/span>
\n5 years<\/span>
\nArt. 1964 of the Civil Code<\/span><\/p>\n

Service Invoices Between Companies<\/span>
\n5 years<\/span>
\nArt. 1964 of the Civil Code<\/span><\/p>\n

Labor Invoices<\/span>
\n1 year<\/span>
\nArt. 59 of the Workers’ Statute<\/span><\/p>\n

Outstanding Taxes<\/span>
\n4 years<\/span>
\nGeneral Tax Law<\/span><\/p>\n

Leases<\/span>
\n5 years<\/span>
\nArt. 1964 of the Civil Code<\/span><\/p>\n<\/table>\n

As you can see, and as we mentioned, the general five-year period for commercial debts is the most common for most <\/span>overdue invoices<\/b><\/a> between companies. However, the contractual context and the nature of the debt can also influence.<\/span><\/p>\n

Exceptions to the Statute of Limitations Periods<\/span><\/h3>\n

In fact, there are <\/span>exceptions to these periods, <\/b>depending on the nature of the service or the agreements you have determined between the parties. Some of the most common are:<\/span><\/p>\n