An old claim or debt collection: is it already time-barred?
A debt collection agency demands money for an allegedly open bill from several years ago? Many claims become time-barred after three years. You no longer have to pay time-barred claims, but you must actively invoke this.
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What you should do now
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1. Check the age of the claim
When did the claim arise? Calculate: the end of the year it arose plus 3 years. If that is in the past, it is usually time-barred.
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2. Raise the plea of limitation
Tell the creditor or debt collector in writing that you raise the plea of limitation and will not pay. Do not acknowledge the claim.
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3. Sign or pay nothing
A partial payment or an acknowledgment of debt can restart the limitation. Do not pay or sign anything before this is clarified.
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4. React to a dunning notice
If a court dunning notice arrives, file an objection on time (2 weeks), otherwise the time-barred claim can still be turned into a title.
Frequently asked questions
Do I have to pay a time-barred claim?
No, but only if you raise the plea of limitation. The claim does not expire on its own; you must expressly tell the creditor that you invoke limitation.
Can an old claim 'revive'?
The limitation can restart if you acknowledge the claim, for example through a partial payment or an installment agreement. So do not hastily acknowledge or pay anything on old claims.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.