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What is an interruption of the limitation period? It is the act by which you interrupt a running limitation period, so that your claim does not become time-barred and remains due and payable. This is usually done by means of a written demand or notice (Art. 3:317 BW), in which you unequivocally reserve your right to performance. After a valid interruption, a new limitation period begins to run (Art. 3:319 BW).
The short answer
- What: interrupting a limitation period so that your claim remains valid.
- How: written demand or notice (Art. 3:317 BW), a legal action (Art. 3:316 BW) or acknowledgment by the debtor (Art. 3:318 BW).
- Consequence: after interruption, a new limitation period begins (Art. 3:319 BW).
- Time limit: many monetary claims become time-barred after five years (Art. 3:307 and 3:310 BW).
- Why: you can no longer enforce a time-barred claim through the courts.
What is an interruption of the statute of limitations?
A claim becomes time-barred after a certain period. Prescription does not mean that the debt disappears, but rather that the creditor can no longer enforce performance through the courts. The debtor can then successfully invoke prescription. To prevent this, you interrupt the prescription: you stop the running period before it has expired.
The most commonly used form is written interruption pursuant to Article 3:317 of the Dutch Civil Code. For a legal claim for performance of an obligation, a written demand or a written notice in which the creditor unequivocally reserves the right to performance suffices. For other legal claims, the demand must be followed by an act of legal proceedings within six months.
What time limits apply?
The limitation period depends on the type of claim. Two are common in SMEs:
- Art. 3:307 BW: a claim for performance of an obligation arising from a contract (for example, an unpaid invoice) in principle lapses by five years after the claim has become due and payable.
- Art. 3:310 BW: a claim for compensation lapses five years after you become aware of the damage and the liable person, with an absolute limit of twenty years after the event.
Different time limits apply, for example for consumer purchases or certain legal claims. Therefore, always calculate back from the moment the claim became due or you became aware of the damage.
How do you interrupt the statute of limitations?
There are three main routes:
- Written interruption (Art. 3:317 BW): a letter or message in which you demand performance and unequivocally reserve your right. This is the standard letter of interruption.
- Legal action (Art. 3:316 BW): the institution of a claim or another act of legal prosecution, such as a summons.
- Acknowledgment (Art. 3:318 BW): if the debtor acknowledges the right, for example through a payment arrangement or a partial payment, this automatically interrupts the limitation period.
With regard to the interruption of the limitation period in writing, it depends on the content. The communication must make it sufficiently clear which claim you are referring to and that you continue to demand performance. A vague or overly general letter may be insufficient to interrupt the limitation period.
What happens after the interruption?
After a valid interruption, a new limitation period begins to run pursuant to Article 3:319 of the Dutch Civil Code, from the day following the interruption. In principle, this new period is the same length as the original one, but amounts to a maximum of five years. In principle, you can interrupt the limitation period repeatedly, provided you do so on time and consistently meet the requirements.
Why halting is important for SMEs
Evidence is the reason to take interruption of the limitation period seriously. Anyone who lets a claim go unresolved runs the risk that the time limit expires and the debtor invokes the statute of limitations. In that case, the claim is effectively worthless, even if it is correct in substance.
Practical example: an installation company completed a large project in 2020 and sent a partial invoice that remained unpaid. The entrepreneur continued to discuss the matter informally but did not put anything in writing. When he wanted to take action just before the five-year limit, the customer invoked the statute of limitations. A timely letter of interruption containing an unambiguous reservation would have interrupted the period and secured the right to performance.
Honest recommendation
You do not always need a lawyer. With a clear, undisputed invoice and a generous time limit, you can send a registered letter interrupting the limitation period yourself, stating the claim and unequivocally reserving your right to performance. Keep the proof of postage. A correct, timely letter is often sufficient.
Do seek assistance if the time limit is approaching expiration, if the claim is disputed, if it concerns damages where the date of notification is uncertain, or if multiple parties are involved. In those cases, proof of a valid interruption is crucial, and an error regarding the content or timing can cause the claim to become time-barred after all. A brief preliminary check is therefore advisable.
Read more: interruption of prescription, drafting a document interrupting prescription and having a document interrupting prescription drafted.
Frequently Asked Questions
Interrupting an ongoing limitation period so that your claim does not become time-barred and remains due and payable. This can be done by means of a written demand or notice (Art. 3:317 BW), a legal action (Art. 3:316 BW), or an acknowledgment by the debtor (Art. 3:318 BW). After interruption, a new period begins (Art. 3:319 BW).
A claim for performance arising from a contract, such as an unpaid invoice, generally lapses after five years from the date it becomes due (Art. 3:307 BW). For damages, the limitation period is five years after knowledge of the damage and the liable party, with an absolute limit of twenty years (Art. 3:310 BW). Always calculate backward from the date the claim became due.
With a formal demand or notice in which you specify the claim and unequivocally reserve your right to performance (Art. 3:317 BW). The letter must clearly state which claim you are referring to. Preferably send by registered mail and keep the proof of postage so that you can prove the interruption of the limitation period later.
A new limitation period begins to run from the day after the interruption (Art. 3:319 BW). In principle, this new period is the same length as the original one, but a maximum of five years. In principle, you can interrupt the limitation period repeatedly, as long as you do so on time and meet the requirements.
Yes. If the debtor acknowledges the right, for example through a payment arrangement or a partial payment, this interrupts the statute of limitations pursuant to Article 3:318 of the Dutch Civil Code. Acknowledgment can be explicit or inferred from conduct. Be sure to record such acknowledgment in writing so that you can prove it later.
No longer through the courts. If the time limit has expired and the debtor invokes the statute of limitations, you can no longer enforce performance. Legally, the debt does not disappear, but you lack the means to enforce payment. That is why timely interruption is important.
Yes. Filing a claim or another act of legal prosecution, such as a summons, interrupts the statute of limitations pursuant to Article 3:316 of the Dutch Civil Code. If the claim is not awarded, the statute of limitations is only interrupted if a new, awarded claim follows within six months.
