I received a bill five years after the consultation!

I received a bill five years after the consultation!

In January 2019, I was treated by a psychologist for a few weeks. I thought I had paid all the bills sent to me by this doctor. However, on 15 December 2023, I received three new invoices for the first three sessions I had attended. Surprised, I contacted the doctor's secretary, who explained that he had forgotten to send me the invoices! I wonder whether sending these invoices several years after the consultations is legal. Can I be prosecuted?

M.

In principle, there is no rule in Swiss law requiring a service provider to send an invoice to its customer immediately after the service has been rendered. However, the creditor must be aware of the time that is running out and not delay too long in issuing his invoice, at the risk of suffering unfortunate consequences for the recovery of his debt. Once a certain period has elapsed, the debtor may invoke the statute of limitations to refuse to pay, although of course everyone is free to decide whether or not to invoke this argument.

The question of limitation is regulated by law. Article 127 of the Swiss Code of Obligations (CO) lays down a general rule that all claims are time-barred after ten years, unless otherwise provided by federal civil law. Article 128 CO is just such an exception to this general rule, as it provides for a limitation period of only five years for the recovery of claims from certain professions, including doctors and lawyers. It should be noted that the five-year limitation period also applies to rents, interest and other periodic payments, maintenance payments and, more generally, to workers' claims for their services.

The limitation period starts to run as soon as the debt becomes due, but it can also be interrupted. This is the case when the debtor acknowledges the debt, for example by paying a deposit, pledging a security or providing a guarantee. It is also the case when the creditor asserts his rights by filing a lawsuit, a request for conciliation addressed to a judge or an action before a court, or even by intervening in a bankruptcy. However, simply sending an invoice, even by registered post, does not interrupt the statute of limitations.

In your case, the five-year limitation period began to run in January 2019, since payment for your doctor's services was due from his first consultation. It thus clearly expired in January 2024 and has apparently not been interrupted, so you could invoke the exception to prescription if you want to refuse to pay the fees claimed from you after so long. This may not prevent your doctor from taking you to court, but he will not normally be able to get the objection lifted, which you should then remember to do, while ensuring that you make your case known in court if recovery proceedings are brought against you.

Pascal Rytz