An invoice from the old box...

An invoice from years ago. Your supplier apparently did a summer cleaning. After all, he unexpectedly comes up with an invoice for something that happened four years ago.

Isn't such an invoice time-barred after one year? No, unfortunately, that is not the case. After all, this limitation period of one year only applies to consumers (art. 2272 (2) of the Dutch Civil Code).

Tip. Moreover, that period of one year does not apply if there is written proof such as a signed delivery note or an order form. In that case, the general ordinary limitation period of ten years also applies to consumers.

Statute of limitations after five years? This is only the case when it comes to costs that have to be paid annually or per month, such as telecom invoices, rents, energy supplies, maintenance contracts, etc., which effectively expire after five years (art. 2277 (4) of the Dutch Civil Code) and regardless of whether it concerns an invoice to a professional customer or a consumer. In other words, the nature of the customer is not important in this case.

Only after ten years against professionals. In other words, such an invoice from a supplier is not easily time-barred. This is only the case ten years after delivery. So if a supplier still sends you an invoice four or six years ago, you still have to pay it in principle. So it is certainly not enough to say that the invoice is too late.

Attention! There are, however, specific deviations. For example, medical invoices expire after two years, those for the fees of lawyers and experts after five years and those of the bailiff's fees after one year.

Tip. So you can also feel free to send such an old invoice to a customer if you lost sight of this for a while.

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How do you deal with that then?

I don't remember that delivery? The longer ago, the more your memory naturally lets you down... If you get an old invoice for a delivery you really don't remember, it's best to play it safe and protest it as soon as possible. It is then up to the supplier to show evidence, such as a delivery note, showing that he has actually delivered. If he is unable to submit those documents, he can of course no longer ask for payment.

Didn't I pay for that in cash at the time? You may indeed remember that there was a delivery, but assume that you paid for it in cash immediately. That is already more annoying for you. After all, it is in principle up to you to prove that you have already paid for this.

Tip. If you have paid by bank transfer, you will in principle still be able to present the bank account statement. After all, together with your accounts, you should in principle keep it for ten years.

After about six or seven years, people are sometimes more flexible. Luckily. Your colleague received an invoice six and a half years after receiving a delivery. The judge found that that supplier had never been behind his money throughout that period, even though they were in regular contact.

Hint. The judge found that this created a suspicion that your colleague had paid that invoice in cash at the time, even though he couldn't really prove it in black and white after all these years (kh. Turnhout, 07.11.2013)

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