Unpaid Invoices · Deadlines That Matter
How long do you have to collect an unpaid invoice in New York?
The statutes of limitations, translated by a New York attorney.
Longer than you fear, shorter than you should rely on. Most New York invoice claims carry a six-year window, but the practical deadline is much earlier: evidence fades, businesses dissolve, and some claims expire in two or four years. Here is the actual map.
Provided through DemandLetterNY.com, a service of Hochman Law PC.
The main rule: six years for breach of contract.
CPLR 213(2) · CONTRACT ACTIONS
An unpaid invoice for services is, at bottom, a breach of contract claim, and New York gives you six years from the breach: generally the missed payment date: to sue. The same six-year period covers account stated, the companion claim that arises when a client receives your invoices and keeps them without objection.
Freelance Isn't Free Act: six years, with one two-year trap.
NY GEN. BUS. LAW ART. 44-A
Under the statewide Freelance Isn't Free Act, claims for nonpayment or retaliation carry a six-year window. But a claim based on the client's failure to provide the required written contract must be brought within two years. Since the missing-contract violation can add contract-value damages on top of double damages, waiting past year two can quietly cost you a large piece of your claim even though the core claim survives.
Selling goods, not services: four years.
UCC 2-725 · SALE OF GOODS
If the invoice is for goods sold and delivered: products, materials, inventory: the Uniform Commercial Code shortens the window to four years. Mixed invoices (goods plus services) get analyzed by which predominates, which is exactly the kind of edge an attorney letter resolves before it becomes a fight.
Contractors: your lien deadline is measured in months.
A contractor or subcontractor's breach-of-contract claim gets the usual six years, but the far more powerful mechanic's lien must be filed within eight months of last furnishing labor or materials, and within four months on a single-family dwelling. If that is your situation, read mechanic's lien vs. demand letter now, not later.
What can restart or pause the clock.
- Partial payment on the debt, or a signed written acknowledgment of it, can restart the six-year period.
- A promise to pay in an email may qualify as an acknowledgment; save every one.
- Nothing pauses it for negotiation. "We're working it out" months burn limitation time like any other months.
The real deadline is earlier than the legal one.
Six years is when the claim dies. It weakens far sooner: clients dissolve LLCs, delete accounts, and lose the employees who approved your work. The economics of collection favor acting in the first weeks, when a flat-fee attorney demand letter resolves most matters, over year three, when it may take a lawsuit. Start with the step-by-step playbook or compare paths in demand letter vs. small claims.
A flat-fee demand letter drafted and signed by a New York attorney often resolves it without a lawsuit. Start online at DemandLetterNY.com, a service of Hochman Law PC, or learn more about flat-fee demand letters.
Questions people ask us.
When does the clock start?
Generally when the payment became due and was not made: the invoice due date, or under the Freelance Isn't Free Act, the contract's payment date or 30 days after you completed the work.
My invoice is three years old. Is it too late?
Usually not: most New York invoice claims run six years. But claims tied to the Freelance Act's written-contract requirement (two years) or sales of goods (four years) may already be affected. Have it assessed now.
Does a demand letter stop the statute of limitations?
No. Only filing suit (or an applicable tolling event) does. A demand letter is the step that usually makes filing unnecessary, but it does not pause the deadline.
The client moved out of New York. Does that change anything?
A defendant's absence from the state can toll limitations in some circumstances, but do not count on it. Deadlines analysis is fact-specific; an attorney can pin yours down quickly.
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