Once a limitation period expires the claim becomes unenforceable, however good it was. The rules differ sharply by country - and so does the date the clock starts.
(BGB §195 - runs from the year end)
(commercial claims)
(Limitation Act 1980)
The start date matters as much as the length. Time may run from the payment due date, the delivery date or the date of breach depending on the jurisdiction - and Germany runs its three-year period from the end of the calendar year, so invoices from one year expire together on 31 December. A written acknowledgement of the debt, or a part payment, restarts the clock in many systems. Italy's ordinary period is ten years; Spain cut its own from fifteen to five in 2015, with transitional rules for older claims.
Acting before a deadline approaches leaves more routes open, not just more time. Once a period is close to expiring the choice narrows to whichever step stops the clock in that jurisdiction - which is rarely the step that would have produced the best commercial outcome. If your claim is aged, have the limitation position established first and decide strategy second.
Get a Case AssessmentCommon Questions
When does the limitation period start running?+
It varies by jurisdiction: the payment due date, the delivery date or the date of breach may be the trigger. Germany runs its three-year period from the end of the calendar year, so all invoices from one year expire together on 31 December. That distinction matters as much as the length of the period itself.
If the period has expired, is the claim simply lost?+
You lose the ability to enforce it before a court, but the obligation does not vanish. If the debtor chooses to pay, that is a valid payment, and in some systems a written acknowledgement of the debt can create a fresh obligation. None of that is a strategy - acting before the deadline is.
What stops or restarts the clock?+
As a general rule, commencing proceedings or enforcement interrupts the period. In many systems a written acknowledgement of the debt by the debtor, or a part payment, restarts it - which is why an email accepting the balance is worth hunting for. Reminder letters alone do not interrupt it in most countries.