A debt is not eternal Good to know: the article L of the consumer Code provides:"the action of The professionals, for the goods or services they provide to consumers, is prescribed by two years."This rule applies to all professionals, regardless of their activity, but suffers many exceptions
Here are a few examples: The starting date for the period is set at the end of the reporting date of the invoice in dispute and not the day of the service (Cass. re civ, neu fjuin, appeal n°.) Note: if you request a delay to the professional to pay your debt, the limitation period is interrupted and the time limit begins at the date of this letter.
For example, if, at the end of a year and a half, you send an email to request a delay in payment, the debt is not extinguished in months, but years after the date of this letter. You are entitled to claim the amount that you must be a professional for years from the day on which he would have had to pay you this amount. Good to know: even if you have signed a contract with the professional indicating that the period of limitation is shorter, this clause is not valid and it is always the period of years that must be taken into account. Good to know: to act before the prud'hommes, you have years to contest a dismissal and a year to challenge a rupture conventionnelle. Note: with the Administration, including tax services, the deadlines are completely different, you can check with your local tax. For debts between individuals, the limitation period of the debt is years. If you have loaned money to a friend, or if you sold a property to an individual, so you have years to claim the amount from the date of the loan or sale. Once this period is past, you have no way to force the individual to repay you. Good to know: in a judgment of June, the Court of cassation has clarified that the prescription five-year applied also to the contribution to the maintenance and education of children.
Good to know: it is the person who claims the amount to prove the existence of the debt according to article of the civil Code:"He who claims the execution of an obligation must prove it.".
