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By interrupting the limitation period, you prevent your claim from becoming time-barred and unenforceable. You interrupt the limitation period by sending the debtor a clear, written demand or notice in a timely manner, in which you unequivocally reserve your right to performance (Article 3:317 of the Dutch Civil Code). A new limitation period then begins to run.
What is the statute of limitations?
A legal claim — for example, the right to enforce payment of an invoice — becomes time-barred. After that, you can no longer enforce performance through the courts. The limitation period varies by type of claim; for many claims, a period of several years applies.
Why stop?
The more time passes, the more difficult it becomes to prove and the greater the risk that your claim will become time-barred. By interrupting the limitation period, you stop the clock and start a new term, ensuring that you retain your claim while you continue negotiations or initiate collection proceedings.
How do you interrupt the statute of limitations?
You interrupt the limitation period by sending the debtor a written demand or notice before the end of the term in which you unequivocally reserve the right to performance (Article 3:317 of the Dutch Civil Code). Be specific about the claim and retain proof of dispatch. Initiating legal proceedings also interrupts the limitation period.
Pay attention to the deadline and the proof
Interruption of the limitation period only works if it is timely and verifiable. Therefore, send the reminder verifiably (for example, by registered mail or with acknowledgment of receipt) and keep track of when a new deadline expires, so that you can interrupt the limitation period again if necessary.
Frequently Asked Questions
When should I stop?
Before the end of the limitation period. Do not wait until the last moment; send a written letter to interrupt the limitation period in good time.
How exactly do I stop?
By means of a written demand or notice in which you unequivocally reserve the right to performance (Article 3:317 of the Dutch Civil Code). Keep the proof of dispatch.
Does a new period begin after interruption?
Yes, a new limitation period starts after a valid interruption.
Secure your claim?
Our legal experts draft a letter to interrupt the statute of limitations and handle collection if necessary . Send a demand letter first or schedule a free consultation .
