Limitation, period of limitation and interruption of rights of action

If you have a claim, you cannot wait indefinitely to collect it. This is because the claim may then be time-barred. The law sets different limitation periods for different claims. For the removal of a unlawful state for example, a 20-year statute of limitations applies. But for the payment of a sum of money, the statute of limitations is 5 years. If you go to court and the claim is time-barred, then although you may be fully within your rights, the court will still reject the claim.

Interruption of limitation period

To prevent a right of action from expiring, the statute of limitations must be interrupted. This can be done in several ways. The most obvious is to file a timely reminder send. This is a written communication in which the debtor clearly states that he wants to be fulfilled. For example, that he wants an unlawful condition to end or a sum of money to be paid. A claim is also interrupted by filing a demand in court. Furthermore, a claim is interrupted if the debtor acknowledges it. As a result of the interruption, the statute of limitations begins to run again. The new limitation period is equal to the original one, but no longer than 5 years.

When does the statute of limitations begin to run?

When the statute of limitations begins to run depends on the type of right of action of the claimant. The statute of limitations for a monetary claim begins to run the day after it becomes due and payable. In the case of a money loan agreement the time at which the payment obligation arose must be considered. If there are multiple payment dates in the agreement, then the statute of limitations for each payment date begins to run at a different time.

For the statute of limitations on the right to claim relief from an unlawful state of affairs, the starting point is the moment the entitled party could claim relief. However, this is only when he is aware of the person acting unlawfully and of the existence of the unlawful condition itself. At liberating prescription of property of a piece of land, that can cause problems.

Note: not only prescription matters

Creditors must consider not only the danger of prescription, but also of estoppel. Indeed, because of the way a debtor acts or behaves, it may be contrary to reasonableness and fairness to still demand payment or performance. Despite the fact that the claim is not time-barred, the creditor may be entitled to demand payment or performance. This is called estoppel and you can read about it here here more. In addition, account must be taken of abuse of right.

Lawyer statute of limitations

So even if a claim is not time-barred and difficult to rebut substantively, there are often defenses to be found. Want to know more about that or about statutes of limitations? Then take contact up with the trial lawyer From Lexys Lawyers.