Limitation periods in everyday life: When claims expire

In short: After a period expires a claim can no longer be enforced against the debtor’s will; the standard period is three years.

In more detail: The statute of limitations ensures legal peace: nobody should have to reckon with old claims forever. The claim does not expire, but the debtor may refuse to perform if they invoke the limitation (defence). Whoever pays anyway cannot demand the money back.

In Depth

Standard limitation

The regular limitation period is three years (§ 195 BGB). It starts at the end of the year in which the claim arose and the creditor knew of it (or through gross negligence did not know). Example: an invoice from March 2025 becomes time-barred on 31 December 2028.

Other periods

• Defect claims in a purchase: generally two years from delivery (five for buildings).
• Claims established by final judgment (judgment, enforcement order): 30 years.
• Damages for injury to life, body, health: 30 years from the event if unaware.
• Maximum periods of 10 or 30 years regardless of knowledge.
• Employment law: cut-off periods in the contract or collective agreement can be considerably shorter (often 3 to 6 months).

Suspension and restart

The period stops running (suspension) for example while negotiations are ongoing or when a lawsuit or payment order is served. It starts anew (§ 212 BGB) if the debtor acknowledges the claim (partial payment, request for deferral) or enforcement is applied for. So with old claims one should be careful about acknowledging anything before getting advice.

In practice

• Remind early and keep the deadline in the calendar if you claim something.
• With old claims check whether they are time-barred and raise the defence expressly (in writing).
• Limitation does not apply to all kinds (for example tax debts have their own periods; default depends on the claim).
• Keep documents as long as claims are possible. This article is not legal advice.

See also: Default interest and reminders, Guarantee and warranty, Retention periods for documents