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Sometimes an invoice is sent long after the service. Is the customer then obliged to pay? Can the company claim its settlement indefinitely?
Yes, unless there is a prescription
The service provider cannot demand payment of his invoice from his client indefinitely. Indeed, his claim is locked in a limitation period, at the end of which he can no longer demand payment. There are different limitation periods, but in the case of action by professionals for goods or services supplied to consumers, it is two years. If the service provider then takes his claim to court, it will be rejected as prescribed, without further examination of the merits of this claim.
What to do in case of non-payment?
If the customer refuses to pay a late invoice, the professional can send a formal notice to pay, preceded or not by reminder letters. The formal notice has the effect of running interest. He can then apply to the competent judge to obtain a court order to pay his bill. If the request is judged to be justified, the customer may be legally ordered to pay his invoice, with interest or even damages. But, if the request is prescribed or recognized as unfounded, the judge will reject the request for payment, or even award damages to the client. When it is a small amount, it is advisable for both parties to resort to mediation.
DAMY Law Firm , Nice, Late invoice, Update 2022
