Short answer
It depends on the document behind the debt. As a general rule, commercial claims in Mexico expire after ten years when the Commerce Code sets no shorter period (article 1047). Promissory notes and bills of exchange expire after three years, bounced checks after six months, and some retail credit sales after one year. A lawsuit served on the debtor, a written acknowledgment of the debt or the renewal of the document interrupts the period, and the clock starts again.
For credit managers: before writing off overdue receivables from Mexican customers, review each account for the document that supports it and the time left. Accounts backed by checks or promissory notes run out much sooner than plain invoices.
Common limitation periods
| Claim or document | Period | Starts / legal basis |
|---|---|---|
| General rule for commercial claims (contracts, invoices, accounts between companies) | 10 years | When the Code sets no shorter period. Commerce Code, art. 1047 |
| Promissory note (pagaré) | 3 years | From the due date; on-sight notes, from the end of the six-month presentment period. LGTOC arts. 165, 174 |
| Bill of exchange | 3 years | LGTOC art. 165 |
| Bounced check | 6 months | From the end of the presentment period. LGTOC art. 192 |
| Retail sales on credit by retail merchants | 1 year | Each sale counted separately, unless there is a current account. Commerce Code, art. 1043, section I |
| Claims between a company and its shareholders under the company contract | 5 years | Commerce Code, art. 1045 |
LGTOC: Ley General de Títulos y Operaciones de Crédito (General Law of Negotiable Instruments and Credit Operations). Not every credit sale is a retail sale: sales between companies usually fall under the ten-year general rule, but each case has to be checked against its documents.
When the period starts and what interrupts it
Start. The period runs from the day the claim could legally be brought in court, normally the due date of the invoice or document (Commerce Code, article 1040). Commercial limitation periods are strict and cannot be restored once they lapse (article 1039).
Interruption. The period is interrupted by a lawsuit or other court demand made to the debtor, by the debtor's acknowledgment of the obligation, or by the renewal of the document on which the claim is based. It is treated as never interrupted if the creditor withdraws the lawsuit or the claim is dismissed (article 1041).
New period. After an acknowledgment, the new period runs from the day it is made; after a renewal, from the date of the new document, or from its new due date if payment was extended (article 1042).
As a defense. A debtor can raise the expiration of the claim as a defense in summary commercial proceedings (Commerce Code, article 1403, section III) and against negotiable instruments (LGTOC, article 8, section X).
Sources: Código de Comercio, Book Four, Title Two, articles 1038 to 1048 (last amendment published in the Diario Oficial de la Federación on December 26, 2025), and Ley General de Títulos y Operaciones de Crédito, articles 165, 174 and 192. General information, not legal advice for a specific case.
How to protect an aging portfolio
Inventory every account
List each overdue account with its due date and the document behind it: invoice, contract, purchase order, promissory note or check.
Prioritize short periods
Bounced checks and promissory notes first; then accounts approaching their limit.
Get it in writing
Payment plans, balance confirmations and restructurings should be signed by someone with authority at the debtor company.
File in time
Leave enough time to prepare the lawsuit and the evidence; a rushed filing weakens the case.
Frequently asked questions
How long does a company have to collect unpaid invoices in Mexico?
As a general rule, commercial claims expire after ten years when the Commerce Code does not set a shorter period (Commerce Code, article 1047). Invoices between companies usually fall under that general rule, but each account should be checked against its supporting documents.
When does a promissory note (pagaré) expire in Mexico?
The action on a promissory note or bill of exchange expires three years after its due date; for notes payable on sight, the period starts when the six months allowed for presentment end (General Law of Negotiable Instruments and Credit Operations, articles 165 and 174).
How long do I have to act on a bounced check?
Six months, counted from the end of the period allowed to present the check for payment (General Law of Negotiable Instruments and Credit Operations, article 192).
What interrupts the limitation period?
A lawsuit or other court demand served on the debtor, the debtor's acknowledgment of the debt, or the renewal of the document on which the claim is based. The period then starts again; it is not interrupted if the creditor withdraws the lawsuit or it is dismissed (Commerce Code, articles 1041 and 1042).
Do collection calls or emails keep the debt alive?
No. Calls and unanswered emails from the creditor do not interrupt the limitation period. A written acknowledgment signed by someone authorized at the debtor company, or filing the lawsuit, is the safer route.
Related: customer in concurso mercantil · securing trade credit · commercial debt collection in Mexico · corporate legal counsel in Guadalajara · versión en español