Every claim has a kind of “expiry date”: the statutory limitation period. After a certain period of time (usually three years), a claim can no longer be asserted. Claims that arose in 2016 therefore expire at the end of 2019 – unless a longer limitation period applies in exceptional cases.
This regulation serves to ensure legal peace and regularly causes excitement for the creditor of the claim before a year has passed. In some cases, however, the limitation period can still be delayed.
Suspension of the limitation period through negotiations
There are several ways of suspending the limitation period for a claim. This is expressly regulated by §§ 203 ff. BGB (GERMAN CIVIL CODE).
According to this, the limitation period acc. § 203 BGB, for example, is suspended by negotiations between the creditor and debtor. However, there must actually be “negotiations”. A written statement alone is generally not sufficient for this.
Furthermore, the suspension only lasts until one party or the other refuses to continue negotiations. As this provision therefore presupposes activities on both sides, it is not very suitable for “quickly suspending” the limitation period, especially shortly before the expiry of one year.
Suspension of the limitation period through legal action
However, the statute of limitations can be suspended acc. § 204 BGB, the limitation period can also be suspended by active legal action. In addition to bringing an action for purely monetary claims, this also includes applying for a default summons.
But be careful: simply applying for a payment order is not enough in all cases! The debtor of the claim must be able to objectively understand what the claim is on the basis of the order for payment – it must therefore be sufficiently individualized.
In the words of the BGH:
“The opposing party must be able to recognize ‘what it’s all about’.”
BGH, judgment of June 18, 2015, Ref. III ZR 191/14
Claim lost with the onset of the statute of limitations?
Not quite. It is true that time-barred claims can no longer be actively asserted once the limitation period has expired. However, offsetting against them is still possible!
If you find yourself exposed to a similar claim, you can always bring your own “old” claim into play again as a defense. In particular, anyone who has received a court order to pay should check whether the claim is justified or whether an objection should be lodged.
In case of uncertainties, the possible limitation period should therefore be checked before 31.12. the possible limitation period should be checked.