The statute of limitations can be an effective weapon for the debtor against the creditor. If the creditor asserts its claim after the statutory period has expired, you can defend yourself with a statute of limitations defense. It is not automatically taken into account by the court or the bailiff – it must be raised in time and correctly. So how does the general limitation period work, when and how to object in court proceedings or in execution?
The statute of limitations is one of the most common defences that a debtor can use in legal proceedings. In practice, this means that if a creditor asserts its claim after the statutory time limit has expired, the debtor can effectively defend itself and request that the court dismiss the action. However, beware that the court does not consider the statute of limitations on its own; the objection must be actively raised.
Imagine, for example, that someone lent you money in 2018, but never sued or demanded repayment until 2025. If the creditor now files a lawsuit, you can argue in court that the claim is time-barred. And if you do so correctly and in a timely manner, the court will find for you.
A statute of limitations defense is a procedural defense that a debtor asserts in a court or foreclosure proceeding. The essence is to point out that the creditor did not assert his claim in time, i.e. after the expiry of the statutory limitation period. If the objection is raised, the court must dismiss the action, even if the claim originally existed and was justified.
A statute of limitations is different from a so-called prescription. Whereas in limitation the right is not extinguished, it is only weakened and cannot be enforced in court without the debtor’s objection, in prescription the right is extinguished completely. A typical example of prescription is a loan between individuals, whereas prescription is, for example, the forfeiture of the right to make a claim after the statutory period.
Any debtor, whether a natural person or a company , can raise a statute of limitations objection. If it does not raise it, the court will also award the creditor the time-barred claim. This is a common mistake debtors make – they believe that the court “sees” that the claim is old and automatically dismisses it. However, this is not how it works. The debtor’s activity in this respect is crucial.
Not sure if your debt is time-barred? Or do you want to make sure that your objection is formulated correctly? Our attorneys will prepare a customized statute of limitations defense, represent you in court and at foreclosure, and make sure your rights are protected.
The basic, so-called general limitation period for most legal claims is three years under the Civil Code. It starts when the right could have been exercised for the first time, for example when the loan should have been repaid or when the claim for payment of an invoice arose. If the creditor does not file a lawsuit with the court within this period, the debtor runs the risk of having his lawsuit thwarted by the debtor by raising a statute of limitations objection.
In addition to the general limitation period, there are also special limitation periods, such as the ten-year limit ation period for a right granted by a final court decision or the two-year limitation period for a right to compensation for damages caused by a traffic accident. Knowing the length and start of the limitation period is therefore essential.
For example, if you have a claim on an unpaid invoice due on 1 June 2020, the general limitation period of three years ended on 1 June 2023. If the creditor filed the claim in 2024, you as the debtor can raise a statute of limitations objection and the court will dismiss the claim. However, if the creditor still filed the lawsuit in May 2023, the statute of limitations has not run.
The limitation period can be built up (for example, during insolvency proceedings) or interrupted (by acknowledgement of the debt). Therefore, it is always advisable to have your specific situation assessed by an expert.
In court proceedings, the plea of limitation is raised in writing, either in the statement of claim or directly during the hearing. Importantly, the court does not automatically take the statute of limitations into account. If the debtor remains silent, the action will be successful even if the claim is time-barred.
The statement of objections must be sufficiently specific and reasoned. It is therefore not enough to simply write “I oppose the claim because it is time-barred”. It is necessary to state when the right arose, when the limitation period began to run and when it expired. Ideally, reference should be made to the relevant provisions of the Civil Code.
For example, if the plaintiff seeks payment of a loan due on 1 January 2019 and filed the action in February 2023, you can state in your statement to the court: ‘The defendant argues that the plaintiff’s claim is time-barred because the general limitation period of three years expired on 1 January 2022.’
If the court accepts the statute of limitations objection, it will dismiss the action. The creditor still has a moral claim, but cannot enforce it in court. In practice, this means that the debtor is protected if it raises the objection in a timely and proper manner.
Tip: Did you lend your neighbour money and somehow he is reluctant to pay it back? What deadlines do you have to watch out for so that your claim is not time-barred? Find out in our article.
A specific situation is the objection of limitation of execution. An execution is conducted on the basis of a final court decision or another enforcement title (for example, a notarial deed). The limitation period for such titles is usually ten years. If the creditor files a petition for enforcement after this period has expired, the debtor may defend himself by objecting to the statute of limitations.
The objection may be raised by means of a motion to stay the execution. In it, the debtor must state precisely why he considers the claim to be time-barred and provide evidence of the relevant circumstances. Neither the bailiff nor the court deals with this aspect on its own initiative.
How it works in practice: in 2010, the court granted you an obligation to pay the debt. However, the creditor did not file a petition for enforcement until 2022. In such a case, a petition can be filed to stop the enforcement on the grounds that the 10-year limitation period has expired. If the court accepts your argument, the execution will be stopped.
However, this issue is more complex than a “regular” lawsuit, so consulting an attorney is highly recommended.
Many people search online for a practical model of a statute of limitations objection so they know what the filing should look like. It is good to know that a universal template exists, but it should always be adapted to the specific circumstances of the case.
The template may include:
Such wording may then look like:
“The defendant raises a statute of limitations defense to the claim asserted, as the plaintiff’s claim was time-barred on January 1, 2022. The defendant asks the court to dismiss the action in its entirety.”
Although templates can help you, we recommend you retain the services of an attorney. This is because even a small formal error can cause the court to disallow the objection, and you may have to pay even if you don’t have to.
A statute of limitations objection is a procedural defence that a debtor can raise in court or in a foreclosure proceeding against a creditor’s claim if it was filed after the statutory time limit has expired; it is not automatically considered by the court or the foreclosing party, so it must be raised in a timely and correct manner. The general limitation period under the Civil Code is three years and starts to run from the moment when the right could have been exercised for the first time, but there are also special periods, for example ten years for a right granted by a court decision or two years for compensation for damages arising from a traffic accident. If the debtor does not object, the court will also grant the creditor a time-barred claim, which is a common mistake. In court proceedings, the objection must be made in writing or orally at the hearing, stating the exact dates and legal grounds; in execution proceedings, it is made in the form of a motion to stay execution. The form of objection usually contains the name of the court or bailiff, the parties, the file mark, a clear statement of reasons with dates and a draft judgment. The difference between limitation and prescription is that limitation does not eliminate the right but weakens it, whereas prescription causes its complete extinction. Due to the various exceptions (estoppel, interruption of time, acknowledgement of debt) and formal requirements, it is advisable to contact an attorney to prepare the objection correctly and efficiently.
Tip: Have you committed a traffic offence and are wondering how to drag out the investigation so that it is time-barred? When exactly does the statute of limitations apply and how can this legal institution be used? Read our article to find out.
The court will accept the claim and the creditor will be entitled to payment even if the claim is time-barred.
The limitation periods may be different – three years for an ordinary loan, ten years for a right granted by a judgment, and even shorter for some sanctions.
Yes, the claim is not extinguished. However, if the debtor raises a statute of limitations objection, neither the court nor the bailiff will enforce it.
In court proceedings, an objection may be raised orally at the hearing, but in execution proceedings it must be submitted in writing. However, it is always better to have it in writing.
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