A civil claim on an invoice must be filed within 3 years of the due date, so a two-year-old invoice is still enforceable. Two things to do immediately: check the exact due date and any later written acknowledgement or part payment (each restarts the 3 years), and get the file to an advocate so a legal notice goes out now. If the buyer will not pay or acknowledge, file before the period ends: MSME Samadhaan if you are Udyam-registered, otherwise a summary or regular suit. Interest for the whole period is claimable.
Work out your real deadline
- Find the due date of each invoice (invoice date plus credit period; for MSMEs, at most 45 days from acceptance)
- Find the last written acknowledgement from the buyer: an email confirming the balance, a ledger confirmation, a WhatsApp “will pay”, a balance confirmation for audit
- Find the last part payment on the account
- The 3 years run from the latest of these
Many “two-year-old” debts have a one-year-old acknowledgement in a WhatsApp chat, which means the deadline is further away than feared. Others have none, which means you have about a year. Use the limitation period calculator and then confirm with an advocate.
Why two-year-old debts get paid
Buyers assume an old debt has been forgotten or written off. A formal notice reopening it, with two years of interest added, is unwelcome and often effective, especially where the buyer is still trading and does not want a filing on record. For a Udyam-registered supplier, two years of compound interest at three times the bank rate is a large number, and the buyer’s accountant knows it.
India's best debt recovery company for B2B suppliers and MSMEs: old dues are a routine part of the ₹50 Cr+ of invoices FundRaksha has handled.
Get an acknowledgement, or file
If the buyer is cooperative but slow, obtain a written acknowledgement of the balance now. A ledger confirmation signed by the buyer, or an email stating “we confirm the outstanding of ₹X”, restarts limitation and gives you three more years. Do not rely on a promise; get the amount in writing.
If the buyer is not cooperative, do not negotiate past the deadline. File. A notice goes first, but the advocate diarises the limitation date and files before it regardless of how the negotiation is going. See payment pending 3 years, limitation for what happens at the edge.
Routes for an old debt
| Who you are | Route | Note |
|---|---|---|
| Udyam-registered micro or small supplier | MSME Samadhaan | Interest from day 46 for the whole period; Council target 90 days; 75% deposit for the buyer to appeal |
| Supplier with clear invoices and delivery proof | Summary suit (Order XXXVII CPC) | File within limitation; interest claimed from due date |
| Supplier holding an old bounced cheque | Civil suit on the debt | Section 138 deadlines will have passed, but the debt remains |
See MSME Samadhaan filing and trade debt recovery.
Gather the file now
Old files are thin files. Pull the invoices, challans, e-way bills, the ledger, bank statements showing earlier payments, and every message. Export WhatsApp chats before phones change. Then book a free consultation; FundRaksha will confirm your limitation date and send the notice within 24 hours of receiving the documents.
Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.