Limitation period of an invoice in Switzerland: 5 or 10 years, and how not to lose your money

The Code of Obligations sets a rule, then exceptions. The rule: 10 years (Art. 127). The exceptions in Art. 128: 5 years for rent, interest on capital and other periodic payments (no. 1), for deliveries of foodstuffs, board and lodging and hotel expenses (no. 2), and for work carried out by tradesmen and craftsmen, purchases of retail goods, medical treatment and the professional services of advocates and notaries (no. 3).

For a plumber, an electrician, a painter, a carpenter or a mechanic who invoices their work, it is in principle 5 years. For a consultant, a graphic designer or a business that delivers a large project, it is often 10 years. The Code does not define “craftsman”: that is where disputes are decided.

These periods “may not be altered by contract” (Art. 129). The customer can only waive the right to rely on prescription, in writing, “in each case for a maximum of ten years from the start of the prescriptive period” (Art. 141).

The quotes on this page come from the English translation published on Fedlex, which is for information only and has no legal force; the binding texts are in German, French and Italian.

The Federal Supreme Court reads the 5-year period narrowly, because it is an exception (BGE/ATF 123 III 120). In our translation of its reasoning, it keeps it for typical, traditional manual work done on a small scale, which needs no special technology, planning or coordination; the use of machines rarely fits that idea, and the delivery of mass-produced items is excluded.

The facts speak to every tradesperson: a tiling company claimed a balance of about CHF 12,000 on an invoice of about CHF 242,000, for supplying and laying tiles in around a hundred bathrooms and wet rooms. Laying tiles is craftsman's work, but a site of that size needs planning, organisation and administration: the court applied 10 years, not 5, and ordered the customers to pay the balance.

In practice: if you are a tradesperson, always count 5 years. If the real period is 10 years, you lose nothing; the other way round, you could lose everything.

“The prescriptive period commences as soon as the debt is due” (Art. 130 para. 1). For work, the Code says that the customer must pay on completion or delivery (Art. 372), and a payment term printed on the invoice does not necessarily push that start back. To be safe, take the earliest date: the end of the work rather than the due date of the invoice.

The period is counted in years, to the same day of the month: an invoice due on 10 March 2026 prescribes after 5 years at the end of 10 March 2031. The starting day is not counted, and the period “is not deemed to have expired until the end of its last day” (Art. 132 para. 1; Art. 77). If that last day is a Sunday or a public holiday, it moves to the next working day (Art. 78); for a Saturday, the Federal Act on the Application of Limitation Periods to Saturdays does the same. Never aim for the last day: debt enforcement takes a few days to prepare.

A reminder or a formal notice, even by registered letter, does not interrupt prescription. It puts the customer in default (and starts the 5% default interest: see our page on an unpaid invoice in Switzerland), but it does not buy you time.

Under Art. 135, the period is interrupted in two ways. By the customer, “if the debtor acknowledges the claim and in particular if he makes interest payments or part payments, gives an item in pledge or provides surety”: a part payment of CHF 50 on an invoice of CHF 2,000 is enough to restart the period. A receipt dated on the day records it: see our receipt template. By you, “by debt enforcement proceedings, an application for conciliation, submission of a statement of claim or defence to a court or arbitral tribunal, or a petition for bankruptcy”.

After an interruption, “a new prescriptive period commences as of the date of the interruption” (Art. 137 para. 1), of the same length. With debt enforcement proceedings, it restarts “as of each step taken in the proceedings” (Art. 138 para. 2); after an application for conciliation or a court action, only when the dispute is settled before the court (Art. 138 para. 1).

The best move with a customer in good faith who asks for time: a payment plan with a signed acknowledgment of debt. Under Art. 137 para. 2, a claim acknowledged in writing in this way then prescribes after 10 years, whatever the original period. The English translation says “acknowledged by public deed”; the binding German and French texts (“Urkunde”, “titre”) refer to a written document, such as an acknowledgment of debt signed by the customer.

Yes, unless the customer relies on prescription. “A court may not apply the prescriptive defence of its own accord” (Art. 142): it is up to the customer to raise it. A prescribed invoice is therefore not wiped out; you can still claim it, but the customer can refuse to pay by relying on prescription, and will win.

And if the customer pays a prescribed invoice, they cannot claim the money back: restitution is excluded where payment was made to satisfy a prescribed debt (Art. 63 para. 2). In your reminder, stay factual: amount, date, invoice number.

The real risk is not legal, it is forgetting: an invoice of CHF 800 at the bottom of a folder, found again six years later. In Fele-facture, “My documents” shows unpaid invoices, and from the Independent plan the Reports tab separates what has been collected from what is still to be collected.

From the Independent plan, the “🔔 Send reminder” button emails a reminder with the invoice attached, when you tap it. A reminder does not interrupt prescription: it is there to get paid before it comes to that. If the customer still does not pay, the next steps (interest, fees, debt enforcement) are explained on our page on an unpaid invoice. What a freelancer's invoice must contain is on our page on invoicing as a freelancer in Switzerland.

The calculator is indicative and does not cover special cases, such as suspension of the period between spouses, while a claim cannot be brought before a court for objective reasons, or during settlement talks or mediation agreed in writing (Art. 134). For a large amount or a dispute, ask a legal professional.