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Drafting a statute of limitations interruption

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Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

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Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

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The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The appropriate form of interruption depends on the type of claim and the desired effect. The questions below determine how you structure the interruption.

Choice or question Why this matters legally
What type of claim is involved? A claim for performance of a contract generally lapses after 5 years (Art. 3:307 BW), while a claim for damages lapses after 5 years from the date of knowledge and at the latest after 20 years (Art. 3:310 BW). The type determines the term.
Are you facing an out-of-court or judicial challenge? A written demand or notice interrupts the limitation period extrajudicially (Art. 3:317 BW); a summons or other act of legal proceedings interrupts the limitation period judicially (Art. 3:316 BW).
Has the deadline almost passed? The closer to the end date, the more important proof of timely dispatch and receipt becomes. Under significant time pressure, judicial interruption is safer.
Do you want to retain only or also collect? A pure interruption preserves the right; if you wish to exert pressure at the same time, combine it with a demand letter, a payment term, or a collection process.
Are there multiple debtors? In the case of joint and several debtors, the limitation period must be interrupted per debtor; interruption against one does not automatically work against the other.
Clauses and provisions

Which elements are included in an interruption of the statute of limitations?

A letter interrupting the limitation period is only legally valid if it is unequivocally clear which claim you are reserving and that you expressly reserve the right to performance. The elements listed below are included in this.

Provision Relevant to Legal point of attention
Designation of parties Always State the creditor and debtor in full (name, Chamber of Commerce number, address) to avoid confusion regarding the addressee.
Description of the claim Always Describe specifically what the claim relates to (invoice, damages, agreement), so that the debtor knows which right is being reserved.
Unambiguous reservation of performance Always The core: you expressly and unequivocally reserve the right to performance (Art. 3:317 BW).
Basis and amount Generally Refer to the legal basis and, where possible, the amount claimed or the estimated damages.
Date and date Always The date determines the moment of interruption and the starting point of the new limitation period.
Proof of dispatch and receipt Always Send by registered mail or with acknowledgment of receipt; the interruption of the limitation period only takes effect when the notification has reached the debtor.
Timeline or next step Optional A reasonable payment or response period strengthens the letter and prepares for collection or a summons.
Use in practice

How do you use this document correctly?

An interruption of the limitation period is only effective if it reaches the debtor in a timely manner, in writing, and demonstrably. Follow these steps.

Situation What should you do? Point of attention
Well before the end of the limitation period Calculate the end date and send the notice of interruption with a margin Interruption too late has no effect; the claim is then already time-barred.
Upon shipment Send by registered mail or with delivery and keep proof The interruption only takes effect when the notification has reached the debtor; you bear the burden of proof.
After the halt Note the new limitation period from the day after the interruption After interruption, a new period begins to run (Art. 3:319 BW); without repetition, the claim becomes time-barred again.
In the absence of a response Repeat the interruption periodically or initiate collection or legal proceedings A single interruption is rarely sufficient; periodic repetition keeps the claim permanently enforceable.
Common mistakes

Common mistakes

When interrupting the limitation period, things often go wrong regarding form, timing, or evidence. The errors listed below regularly lead to a claim becoming time-barred after all.

Wrong Consequence Better approach
Reservation regarding performance that is too vague The letter does not constitute a valid interruption, and the claim becomes time-barred You unequivocally and expressly reserve the right to performance (Art. 3:317 BW).
No proof of receipt You cannot prove interruption and lose the claim Send by registered mail or with acknowledgment of receipt and keep the proof.
Incorrect statute of limitations applied Interrupted too late, claim already time-barred Determine the appropriate time limit per claim (e.g., Art. 3:306, 3:307, 3:310 of the Dutch Civil Code).
Interruption not repeated After a new period, the claim becomes time-barred again Monitor the new time limit and repeat the interruption in a timely manner (Art. 3:319 BW).
Incorrect or incomplete addressee The interruption does not reach the correct debtor Address each debtor fully and correctly, even in the case of multiple debtors.
Risk profile

What is your situation and what do you pay attention to?

The approach to a suspension varies depending on the situation. If you recognize your situation below, you know where to focus your attention.

Risk profile Example Focus in the document
Unpaid invoice A customer does not pay and the deadline is approaching Interrupt in a timely manner with a clear reservation and, if necessary, combine with a formal demand.
Damage claim You have suffered damage, but the settlement is dragging on Observe the time limit of Art. 3:310 of the Dutch Civil Code and interrupt the limitation period before the short term expires.
Ongoing negotiation You are negotiating a claim that is about to become time-barred It also stops during negotiations; negotiating does not stop in itself.
Multiple debtors The claim is directed against multiple parties Interrupt each debtor separately and monitor the term for each debtor.
Additional documents

When is this document not enough?

An interruption keeps your claim valid, but does not resolve the underlying dispute or the collection. In these situations, you need more.

Situation Supplementary document Why
Situation Related document Explanation
The debtor still does not pay after the interruption Debt collection After the interruption, you also wish to actually collect the claim through a collection process.
You wish to send a formal demand for payment first before taking further steps Reminder A formal notice of default puts the party in default and can simultaneously serve as an interruption of the limitation period.
The dispute requires legal advice or proceedings Legal assistance In the case of a complex or disputed dispute, targeted legal assistance or proceedings are necessary.
Explanation of this document

Drafting a statute of limitations interruption, why?

Not every entrepreneur knows exactly what interruption of the statute of limitations is, when you need it, and which risks it must cover. That is why we explain below what this document entails, what you should look out for, and why tailored legal solutions are important.

What is interruption of the statute of limitations?
Interruption of prescription is the act by which the creditor interrupts the running limitation period of his claim, so that a new limitation period begins to run. Pursuant to Articles 3:316 to 3:318 of the Dutch Civil Code, prescription can be interrupted by an act of legal proceedings, by written notification from the creditor to the debtor, or by acknowledgment of the right by the debtor. Interruption is of critical importance: if a claim becomes time-barred, the creditor loses his right to demand performance in court — even if the claim is well-founded in itself. The limitation period for claims arising from a contract is five years after due date pursuant to Article 3:307 of the Dutch Civil Code; for claims arising from a tort, it is five years after knowledge of the damage and the liable person. Our lawyers will draft a letter of interruption for you that validly interrupts the prescription of your claim and preserves your entitlements for the future.
What requirements must a letter interrupting the interruption meet?
A letter interrupting the limitation period pursuant to Article 3:317 of the Dutch Civil Code must meet the following requirements. The letter must in writing . It must describe the claim with sufficient precision : the creditor must unequivocally reserve the right to assert the claim. A letter that is too vague — "we reserve all rights" — does not always satisfy the specificity requirement of Article 3:317 of the Dutch Civil Code and has been deemed insufficient in case law in some instances. The letter must be addressed to the debtor or their representative. After successful interruption, a new limitation period of the same duration begins to run. Your letter interrupting the limitation period must be specific enough to identify the claim but not so specific that it has no effect on other related claims. Our lawyers draft a letter interrupting the limitation period that possesses the required specificity and fully protects your claim.
When must you take measures to halt the interruption?
Interruption of the limitation period is required as soon as the limitation period is about to expire and the claim has not yet been brought before the courts. In practice, our lawyers too often observe that creditors forget or underestimate the limitation period. Points to consider: the five-year limitation period also runs during negotiations; silently waiting for a settlement does not interrupt the limitation period. The time limit for claims arising from tort may start even before the moment the creditor has actually sought legal advice. Furthermore, different time limits apply to claims against a bankruptcy estate. Our lawyers monitor limitation periods and send timely letters of interruption on your behalf.
How does it work at MKBjuristen?
After a brief intake regarding the claim and the ongoing limitation period, our lawyers draft a letter of interruption that legally suspends the limitation period for your claim and preserves your entitlements.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
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Why not use a standard document?

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Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

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A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

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A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

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Annelore Hendriks

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