Reference

Limitation period for recovering business dues in India

The Limitation Act, 1963 gives three years to file a suit for the price of goods sold or services rendered. Many businesses lose good claims by waiting; many others have older claims that are still alive because the buyer paid something or wrote “will pay” within the period.

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Short answer

A suit on an unpaid invoice must be filed within three years from when the payment fell due (Articles 14 to 15 and 55, Schedule to the Limitation Act). A written acknowledgement signed by the buyer before expiry (Section 18) or a part-payment (Section 19) restarts the three years from that date. Use the limitation calculator.

Starting points

ClaimLimitation startsPeriod
Price of goods sold and deliveredDate of delivery (or the agreed credit date)3 years
Price of work done or servicesWhen the work is done (or the agreed date)3 years
Money lentWhen the loan is made (or demand, if payable on demand)3 years
Balance on a mutual, open and current accountClose of the year in which the last item was entered3 years
Enforcing an arbitral award / decreeDate of award / decree12 years for a decree; 3 years to apply for enforcement of an award (as a decree)
Cheque bounce complaintSee Section 138 timeline30 + 15 days + 1 month

What restarts the clock

  • Acknowledgement (Section 18): a letter, email, ledger confirmation or balance confirmation signed (including electronically) by the buyer admitting the liability, made before the period expires.
  • Part-payment (Section 19): a payment of principal or interest by the buyer, recorded in the buyer’s handwriting or signed by them (bank transfers with a narration count in practice).
  • Not enough: your own reminders, an unsigned statement, or a WhatsApp “ok” that does not admit the amount. Get the admission in writing.

MSME Samadhaan and limitation

The Limitation Act applies to arbitration, and Facilitation Councils generally apply it to references too. File promptly. If your claim is near the three-year mark, a Samadhaan reference or a suit filed before the date preserves it; a legal notice alone does not stop the clock. FundRaksha checks limitation in the free consultation before anything else.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

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Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

If the part-payment was made before the original three years expired and is evidenced in writing, a fresh three-year period runs from that payment. Send the documents for a free check.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.