A debt collector is pursuing an old debt: is the claim time-barred?

Collection agencies often try to collect long-since time-barred claims. The regular limitation period is three years, counted from the end of the year in which the claim arose. If it is time-barred, you no longer have to pay, but you must actively assert the limitation.

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Your chances of getting your money back

The regular limitation period is three years and begins at the end of the year in which the claim arose (§§ 195, 199 BGB). Once it has occurred, you can permanently refuse payment (limitation objection).

The limitation is not observed by the authorities on their own initiative, you must expressly assert it. And beware: an acknowledgment of debt or an installment payment can cause the limitation to begin anew. Therefore do not acknowledge a time-barred claim.

What you should do now

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1. Clarify the time of origin
When did the claim arise/become due? From this it follows whether the 3-year period has expired.
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2. Check for interruptions
Was there a payment order, an acknowledgment, or a payment? That can have restarted or suspended the period.
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3. Raise the limitation objection
Expressly invoke the limitation in writing and refuse payment, without acknowledging the claim.
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4. Do not acknowledge
Do not sign an acknowledgment of debt and do not agree to installments for a time-barred claim, that would undermine the limitation.

How to spot the scam

A years-old claim suddenly turns up at a collection agency.
You are supposed to quickly sign an acknowledgment of debt or an installment agreement.
A SCHUFA entry is threatened in order to build pressure.

Frequently asked questions

When is a claim time-barred?

The regular limitation period is three years. It begins at the end of the year in which the claim arose and you became aware of it (§§ 195, 199 BGB). After expiry you can refuse payment. For titled claims a longer period applies.

Do I have to assert the limitation myself?

Yes. It is not taken into account automatically. You must expressly, ideally in writing, invoke it (limitation objection). If you do not and you pay, you generally will not get the money back.

What must I on no account do?

Acknowledge a time-barred claim, for example by signing an acknowledgment of debt or by an installment payment. This can cause the limitation to begin anew and the claim to become enforceable again.

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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.