⏳ Limitation of debts
In brief
The normal limitation period is three years. It usually starts at the end of the year in which the claim arose and the creditor knew about it.
If a court has established the claim or an enforcement order exists, it only becomes time-barred after 30 years. Limitation does not take effect by itself: you have to invoke it.
Step by step
- Clarify when the claim aroseWhen was the service provided, when was payment due?
- Check whether a title existsA payment or enforcement order, a judgment or an enforceable deed extends the period.
- Point out limitation to the creditor in writingOnly with advice; the effect is a plea (Einrede), not an automatic discharge.
Deadlines
- An acknowledgment of the debt or a part payment can restart the limitation period; do not pay or sign hastily.
- Court proceedings and negotiations can suspend limitation; the details are complex.
- For recurring payments arising from titles, the standard period applies instead of 30 years (§ 197 Abs. 2 BGB).
In depth · legal basis, figures and practice – for advisers and professionals
Standard period
Under § 195 BGB the standard limitation period is three years; its start is governed by § 199 Abs. 1 BGB (end of the year in which the claim arose and the creditor gained knowledge).
30 years
§ 197 Abs. 1 Nr. 3–6 BGB covers, among others, claims established with final effect, claims from enforceable settlements or deeds, claims that have become enforceable through insolvency proceedings, and enforcement costs; for recurring payments falling due in the future, the standard period applies (§ 197 Abs. 2 BGB).
Limits of this page
Suspension, restart and exceptions (acknowledgment, part payment) have not been checked here against the wording of the law.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.