MKB Juristen drafts custom legal documents
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Having a notice of interruption of the limitation period drafted by an SME lawyer typically costs between 150 and 500 euros for a custom-made letter of interruption, depending on the complexity of the claim. You will then receive a legally sound letter containing a concrete description of the claim and an unambiguous reservation of your right to performance (Article 3:317 of the Dutch Civil Code), ensuring that the limitation period is validly interrupted.
The short answer
- Costs: 150 to 500 euros for a custom-made letter to interrupt the limitation period.
- Lead time: often a few working days, faster as the deadline approaches.
- Process: intake, checking the deadline, drafting and sending by registered mail.
- When useful: in the case of a disputed claim, an approaching deadline, or an uncertain date of notification.
- Legal framework: Articles 3:316 to 3:319 of the Dutch Civil Code.
Having a statute of limitations interruption drawn up: what does it cost?
The price depends on the claim. A single, clear monetary claim with a known due date falls at the lower end of the range. As soon as the date of knowledge is uncertain, multiple debtors are involved, or the claim is disputed, the letter requires more analysis and approaches the higher amount. The legal expert must then first determine the appropriate time limit and basis before the letter can be drafted.
Expect approximately these items:
- Tailor-made letter of interruption: 150 to 500 euros with an SME lawyer.
- Term analysis: in case of an uncertain date of notification or complex basis, usually on an hourly basis.
- Shipping costs: registered mail for proof.
- Next steps: if payment is not received, potential debt collection or legal proceedings.
Why having it drafted pays off
When interrupting the limitation period, every word counts. If the reservation is not unambiguous or the claim is insufficiently defined, the interruption may fail and the claim will become time-barred. That consequence is final: a time-barred claim can no longer be enforced through the courts. Consequently, the use of a cheap letter is disproportionate to the risk of losing the entire claim. Moreover, a legal expert checks whether you are using the correct time limit, as the error often lies in incorrectly calculating the starting point.
The process step by step
- Intake: the lawyer reviews the claim, the basis, and the relevant data.
- Time limit check: calculation of the limitation period (Art. 3:307 or 3:310 BW) and how much time remains.
- Drafting: a letter with a concrete description and an unambiguous reservation (Art. 3:317 BW).
- Send: registered mail, with record of proof of shipment.
- File: keep a copy and evidence for possible follow-up.
If a deadline is approaching, this can be completed within a day. Therefore, report it immediately if the five-year limit is in sight, so that the lawyer can prioritize.
What are you submitting?
Gather in advance: the underlying agreement or invoice, the debtor's details, the date on which the claim became due or payable or on which you became aware of the damage, and previous correspondence. The more complete the information you provide, the faster and more precise the letter will be, and the smaller the chance of a dispute regarding whether the correct limitation period has been interrupted.
And after that?
A letter interrupting the limitation period buys time but collects nothing. After a valid interruption, a new period begins to run (Art. 3:319 BW), in principle of the same length but with a maximum of five years. If payment is not forthcoming, the logical next step is a collection process or an act of legal prosecution, such as a summons (Art. 3:316 BW). A legal expert drafting the letter interrupting the limitation period can immediately assess the subsequent course of action and ensure the supporting documents are in order.
Practical example: a wholesaler had a disputed claim for which the five-year limitation period was due to expire in two weeks. The entrepreneur had a letter of interruption drafted that clearly formulated the claim and the reservation, and which was sent by registered mail. As a result, the claim remained valid, and the entrepreneur subsequently had the time to calmly prepare a collection process instead of hastily issuing a summons.
Honest recommendation
You do not always need to hire a lawyer. With a clear, undisputed claim and a generous time limit, you can draft the letter to interrupt the limitation period yourself: state the claim specifically, unequivocally reserve your right, and send it by registered mail with retained proof. In those situations, the added value of a lawyer is limited.
Have the letter drafted or reviewed if the deadline is approaching, if the claim is disputed, if the date of notification regarding compensation is uncertain, or if there are multiple debtors. The cost of a custom letter is small compared to the definitive loss of a time-barred claim. Ask for a fixed price in advance and whether the follow-up process can be included immediately.
Read more: interruption of prescription, what is an interruption of prescription and drafting an interruption of prescription.
Frequently Asked Questions
With an SME lawyer, a tailored letter typically costs between 150 and 500 euros. A single, clear claim with a known due date falls at the lower end. An uncertain date of knowledge, multiple debtors, or a disputed claim require more analysis and command higher costs.
Often within a few working days, and sometimes within a day if the deadline is approaching. Report it immediately if the statute of limitations is about to expire so that the lawyer can prioritize. Submit the supporting documents and relevant dates immediately to avoid delays.
This is possible with a clear, undisputed claim and a generous time limit. If in doubt regarding the time limit or wording, it is worthwhile to consult a lawyer: if the reservation is not unambiguous or the claim is insufficiently defined, the interruption may fail and the claim will become time-barred. That consequence is final.
The underlying agreement or invoice, the debtor's details, the date on which the claim became due or payable or when you became aware of the damage, and previous correspondence. The more complete the information you provide, the faster and more precise the letter will be, and the lower the risk of dispute.
A new limitation period begins to run (Art. 3:319 BW), in principle for the same length as the original but for a maximum of five years. The letter itself does not collect anything. If payment is not received, the next step is usually a collection process or a summons (Art. 3:316 BW).
Yes. A lawyer drafting the letter interrupting the limitation period can immediately assess the next steps and keep the supporting documents in order. If payment remains outstanding after the interruption, the same file can be used for a collection or summons process, without you having to gather everything again.
That depends on the type of claim. Performance under a contract generally lapses after five years from the date the claim becomes due (Art. 3:307 BW); compensation for damages after five years from the date of knowledge of the damage and the liable party, with an absolute limit of twenty years (Art. 3:310 BW). During the intake, a legal expert will calculate exactly which period applies to your claim.
