Short answer
An invoice (CFDI) does not by itself allow immediate attachment, but it is evidence of the debt. Gather invoices, the contract or purchase orders and proof of delivery, then send a formal demand. If the customer still does not pay, the usual route is the oral commercial lawsuit (juicio oral mercantil), which today covers all commercial disputes regardless of amount (Commerce Code art. 1390 Bis).
Build the evidence file
Commercial contracts bind each party in the manner it appears they intended, without special formalities (Commerce Code art. 78), so the debt can be proven with any reliable evidence:
- Contract, accepted quotation or purchase order.
- CFDI invoices and their valid status with the SAT.
- Signed delivery receipts, remissions or shipping guides.
- Emails or messages acknowledging the debt or promising payment.
- Account statements and partial payments.
Formal demand and payment agreement
A written demand, preferably signed by counsel, listing invoices, amount and a payment deadline resolves many accounts. If the customer agrees to a payment plan, back it with a pagaré: if the plan fails, you can use the faster executory lawsuit.
Out-of-court collection or lawsuit
| Out-of-court | Oral commercial lawsuit | |
|---|---|---|
| Time | Weeks | Months |
| Attachment | No | When enforcing the judgment |
| Customer relationship | Can be preserved | Usually ends |
| Outcome | Payment agreement | Judgment ordering payment |
Limitation periods and interest
| Item | Rule | Source |
|---|---|---|
| General commercial limitation | 10 years unless a shorter period applies | Commerce Code art. 1047 |
| Retail credit sales | 1 year per sale | Commerce Code art. 1043, sec. I |
| Legal interest if none agreed | 6% per year from default | Commerce Code art. 362 |
Common mistakes: cancelling invoices under customer pressure, continuing to ship on credit to a late account, threatening messages and agreements without a guarantee.
Frequently asked questions
Is an invoice (CFDI) enough to sue?
It is evidence, but not enough on its own. Courts look for proof that the goods were delivered or the service provided and accepted: purchase orders, signed delivery receipts, emails and partial payments.
Can I attach the customer's assets right away?
Not on the strength of invoices alone, because they are not an executory instrument. Attachment comes when enforcing the judgment, unless a precautionary retention of assets is obtained (Commerce Code art. 1168).
How long do I have?
If no shorter period applies, ten years (Commerce Code art. 1047). Some periods are much shorter, such as one year for retail credit sales (art. 1043, sec. I).
Should I cancel the unpaid invoices?
No. Cancelling them weakens the evidence of the debt. Discuss the tax treatment of bad debts with your accountant.
Related: commercial debt collection · precautionary attachment · all guides · versión en español