When does my claim expire?

The short answer

The standard limitation period for most claims is 5 years from the moment you know you have a claim. For short claims such as consumer purchases, 2 years often apply. For mortgage debts and other long-term agreements, the term can be 20 years. Prescription begins to run as soon as you could reasonably have known that you had a right to claim something.

What does the law say?

The Dutch Civil Code regulates the prescription of claims in articles 3:306 to 3:325. The law distinguishes different terms depending on the type of claim. The limitation period begins to run from the moment the entitled person became aware of the existence of his claim and the person against whom it can be brought.

What should you pay attention to?

Pay close attention to when the limitation period begins to run and which term applies. Prescription can be interrupted by, for example, a summons, notice of default or written acknowledgment of the debt. Prescription can also be suspended in certain circumstances.

Example from practice

In January 2020, Jan buys a washing machine that breaks down after a year. In March 2021, he discovers there is a design flaw and starts a procedure against the manufacturer in April 2021. The 2-year limitation period for consumer purchases begins to run from March 2021 (when Jan became aware of the defect), so he has until March 2023 to file his claim. By starting the procedure in April 2021, Jan has interrupted the prescription.

What can you do?

If you think you have a claim, take quick action to prevent prescription.