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Interruption of the statute of limitations: actively preventing a claim from becoming time-barred and thereby becoming uncollectible. Claims become time-barred in the Netherlands: 5 years for contractual debts, 20 years for others. Methods for interruption: written demand, summons, or acknowledgment by the debtor. The period starts again from the date of interruption. For entrepreneurs with outstanding claims: it is crucial to monitor deadlines. Below are manageable deadlines, methods, and pitfalls.
The short answer
- Limitation periods: 5 years contractually, 20 years otherwise, 2 years for certain claims.
- Interruption by: written demand (Art. 3:317 BW), summons, acknowledgment by the debtor.
- The time limit starts running again: from the date of interruption.
- Proof: registered mail or email with confirmation of receipt.
- Prevent: monitor deadlines in your own records.
Statute of limitations
- 5 years: most contractual claims (loan, purchase price).
- 2 years: consumer purchase (voluntarily paid goods or services).
- 2 years: compensation for unlawful act — from the date the damage and the liable party become known.
- 20 years: most other claims (absolute term).
- 3 years: business acquisition claims.
- 1 year: specific shortened periods (e.g. transport damage).
Determining the time limit: consider the nature of the claim and what has been agreed in the contract.
How to stop? Three methods
1. Written demand (Art. 3:317 BW)
Letter to debtor:
- Unambiguously identify the claim (amount, invoice, date).
- Payment reminder.
- Sent via registered mail or email with confirmation of receipt.
The statute of limitations starts running again from the date of the demand letter.
2. Summons
Initiating legal proceedings — automatic interruption of the statute of limitations from the date of the summons. Stronger evidence than a formal demand, but more expensive.
3. Acknowledgment by debtor
Debtor acknowledges claim in writing or by partial payment. Automatically interrupts the statute of limitations.
Content of a valid reminder
- Debtor's address details.
- Description of claim (invoice number, amount, date).
- Demand for payment within a reasonable period (14-30 days).
- Statement: “in the event of non-payment, I reserve the right to legal action”.
- Date and signature.
A standard dunning letter template from a lawyer or collection agency has all the elements.
Proof of interruption
In the event of a dispute, you must be able to prove that you interrupted the limitation period. Means of proof:
- Registered mail: proof of receipt.
- Email: confirmation of receipt via system.
- Personal handover: witness required.
- WhatsApp/SMS: read receipts (weak evidence).
Cheapest and strongest: registered letter — €8-€12 each.
Pitfalls
- Too late: time limit already expired — claim time-barred, no longer enforceable.
- Vague wording: not clear which claim — no interruption.
- No proof: reminder sent but not by registered mail — proof difficult.
- By telephone only: telephone conversation alone does not suffice — in writing required.
- Forgot to repeat: the interruption must be done again within each new period.
Honest recommendation
For entrepreneurs with outstanding claims: keep a payment schedule. When the statute of limitations is approaching: interrupt it in a timely manner via registered letter (€8) or through a collection agency. For large claims or complex situations: consult a lawyer (€250) to draft a demand letter. Prevent money from becoming uncollectible due to simple administrative negligence.
For other topics: engaging a collection agency, summary proceedings and pro forma notice of appeal.
Frequently Asked Questions
Action to prevent a claim from becoming time-barred and thereby uncollectible. The limitation period starts running again from the date of interruption. Three methods: written demand, summons, or acknowledgment by the debtor.
5 years for most contractual claims, 2 years for consumer sales and tort damages, 20 years absolute, 3 years for business acquisitions, and specific short terms for e.g. transport.
Letter identifying the claim (invoice number, amount, date), demand for payment within the specified period (14-30 days), retention of the right to legal action. Send by registered mail for evidentiary purposes.
No, telephone contact alone does not interrupt the statute of limitations. A written demand, summons, or acknowledgment is required. A telephone conversation can, however, give rise to immediate written confirmation, which does interrupt the statute of limitations.
With each new period, again. E.g., for a 5-year period: the interruption is extended by another 5 years — after which the interruption is required again. For long-standing claims: maintain a schedule for periodic reminders.
The debtor can invoke the statute of limitations — the judge will then dismiss the claim. Irreversible — the money is permanently uncollectible. Therefore, monitoring deadlines is essential for every outstanding claim.
For large claims or complex situations: lawyer or collection agency (€50-€250). For simple reminders: use a template yourself. Important: use unambiguous wording and send by registered mail.
