When does a debt expire?

The short answer

The standard statute of limitations for debts is 5 years from the moment the debt became due. This means that a creditor has 5 years to take action. If he does not, you can invoke the statute of limitations. Note: Expiration does not happen automatically - you have to invoke it yourself. The debt still exists, but you can refuse to pay.

What does the law say?

The expiration of debts is regulated in the Dutch Civil Code (Article 3:306 and further). For most debts, there is a statute of limitations of 5 years. This period starts running from the moment the debt became due, usually the due date of the invoice. Certain debts have a longer statute of limitations, such as tax debts (maximum 20 years) or debts arising from a notarial deed (20 years).

What should you watch out for?

The statute of limitations is interrupted if the creditor takes action, such as sending a notice of default or starting legal proceedings. After interruption, the statute of limitations starts running again. Acknowledgment of the debt by the debtor (for example, by making a partial payment) can also interrupt the statute of limitations. Pay close attention to the dates and keep all correspondence.

Example from practice

In 2018, Jan did not pay a €500 invoice from an online store. The online store sent one reminder in 2019, but took no further action after that. In 2024 (6 years later), Jan suddenly receives a letter from a debt collection agency wanting to collect the debt. Because no further action was taken after the 2019 reminder, the debt was time-barred in 2024. Jan can invoke the statute of limitations and does not have to pay anymore.

What can you do?

If you think a debt is time-barred, you can take concrete steps to invoke the statute of limitations.