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Is my debt time-barred? Calculate the limitation period under German law

An old invoice, a reminder after years, a debt collection letter: many claims become time-barred (verjährt) after three years – counted from the end of the year in which they arose. Calculate when here.

The rule

  • Three years is the regular limitation period (§ 195 BGB).
  • It starts at the end of the year in which the claim arose and the creditor knew of it (§ 199 Abs. 1 BGB). An invoice from March 2023 is therefore time-barred at the end of 31 December 2026.
  • If a court confirmed the claim – a judgment or enforcement order (Vollstreckungsbescheid) –, it is thirty years from when it became final (§ 197 Abs. 1 Nr. 3 BGB, § 201 BGB).

What moves the date

  • Restart: a part payment, an interest payment or an acknowledgement starts the three years again (§ 212 Abs. 1 BGB).
  • Suspension: a lawsuit or service of a court payment order stops the clock (§ 204 Abs. 1 BGB).

And then?

Limitation does not apply by itself. You must invoke it – in writing, stating that you raise the defence of limitation (Einrede der Verjährung). First have it checked that nothing moved the date: at the Verbraucherzentrale or a debt advice service.

More on reminders and debt collectors: Reminder / debt collector.

General information, not legal advice. Special claims have other periods (e.g. damages, warranty claims, taxes).

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