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).