When does a judgment or order expire? Here's how!

When does a judgment or order expire? Here's how!

If you have a monetary claim then in principle it lapses after 5 years. The statute of limitations can be interrupted by making a demand (e.g., by subpoena) or by a reminder send. However, if the claim is fixed in a judgment or other judicial decision, then a longer statute of limitations applies. In fact, a judgment does not expire until 20 years have passed. However, this period can also be extended. Care should be taken when determining the moment at which the statute of limitations starts to run and also for the prescription of specific judgments. Trial lawyer Robert van Ewijk explains the statute of limitations on a judgment.

Judgment expires after 20 years: when does statute of limitations begin?

In the law (article 3:324 BW) states that the statute of limitations for a judgment is 20 years. That period applies not only to court judgments, but also to so-called arbitral judgments. Also for judgments of the Board of Arbitration in Construction Disputes therefore, a 20-year statute of limitations applies. The statute of limitations begins to run the day after the judgment. However: if an appeal or foreclosure dispute has been filed, the 20-year statute of limitations does not begin to run until the moment the appeal or the foreclosure dispute has been completed. The same applies in the case of an opposition to a default judgment.

Statute of limitations for periodic payments is 5 years even in case of judgment

However, if the judgment contains an order to make periodic payments, the statute of limitations for each payment that becomes due is only five years. If the condemnation to pay an amount each month is always but not implemented, then no claim can be made for that payment after 5 years. This does not apply to instalments that became due and payable less than 5 years ago or instalments that are yet to become due and payable. After all, these are not yet time-barred.

Sometimes a judgment that is not yet time-barred can still not be executed. For example, in cases of abuse of rights or estoppel.

Interruption of claim under judgment

Before the limitation period is completed, it can be interrupted. This can be done by sending a summons, which extends the limitation period by five years (Article 3:319 paragraph 2 in conjunction with Article 3:325 paragraph 1 BW). The statute of limitations of a judgment is also interrupted by the judgment being served on the convicted person, indebtedness of what is stated in the judgment being acknowledged by the convicted person, or by an act of execution (enforcement). In these cases, too, the statute of limitations on a judgment is interrupted by 5 years.

Can the right to execute a judgment be processed?

In addition to prescription, it is also possible that estoppel occurs. Even if the claim from the judgment is not yet time-barred. Legal estoppel can occur if the creditor has behaved in such a way that it is no longer reasonable for the creditor to still demand performance. Read more about estoppel.

Lawyer litigation and foreclosure law in case of statute of limitations judgment

If you have an old judgment and want to know if you can still enforce it, Lexys' trial lawyer can help. Is it the other way around and you are being sued to pay or do something that is in an old court judgment? Even then, take contact on. We have years of experience advising and litigating on old judgments and know how to quickly and properly identify your options.