Debts relating to essential public services such as water, electricity or gas cannot be collected forever. Portuguese law establishes a particularly short limitation period: after six months, certain consumptions can no longer be demanded from the customer.
This period applies to invoices for services considered essential for everyday life and represents one of the forms of consumer protection provided for in national legislation. Many are unaware of this rule and continue paying amounts that, under certain circumstances, could no longer be claimed.
According to the Caixa Geral de Depósitos portal Saldo Positivo, the statute of limitations for debts owed to suppliers of essential public services is just six months. According to the same source, six months are enough for the customer to no longer be legally obliged to pay for previous consumption, as long as the period has not been interrupted.
What does prescription mean in these cases?
Prescription means that, after a certain period has passed without the creditor exercising his right, he will no longer be able to legally demand payment of the debt. In the case of essential services, this period is six months from the date on which payment became due.
As explained by the website Saldo Positivo, if a supplier stops invoicing for several months and subsequently issues an accumulated invoice, the consumer is not obliged to pay for consumption made more than half a year ago.
The same applies when there is a billing error. If, due to the company’s fault, a lower amount than the amount due was charged, the supplier can only demand the difference relating to the last six months. Once this deadline has passed, you lose the right to claim the outstanding amounts.
What services are covered?
Portuguese legislation defines essential public services as those fundamental to the basic needs of citizens.
According to the Caixa Geral de Depósitos publication, these include the supply of drinking water and sanitation, electricity for domestic use, natural gas and piped gas, electronic communications such as telephone, internet and pay TV, universal postal services, urban waste management and collective public passenger transport.
These services are subject to specific consumer protection rules, with any contractual clauses or practices that contradict the legal regime being considered null and void.
What if payment is late?
The existence of a debt does not imply an immediate cut in service. The law imposes mandatory procedures on supplier companies.
According to , in the event of a delay that could justify temporary suspension, the company must send a written notice at least ten days in advance. This notice must clearly indicate the reason for the suspension, the expected date for the suspension and the means available to regularize the situation.
This requirement aims to avoid undue cuts and ensure that the consumer has the opportunity to resolve non-compliance.
Pay attention to deadlines and exceptions
It is important to bear in mind that the six-month period may be interrupted if the company formally demands payment within that period. In these cases, the count restarts under legal terms.
Even so, the regime applicable to essential public services is distinguished by setting a limitation period that is significantly shorter than that for other common debts.
Knowing this detail can make a difference to the family budget. Not all old invoices can be demanded indefinitely and, in certain cases, time plays in the consumer’s favor.
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