How long can a claim still be pursued?
An old invoice, an outstanding claim from previous years: how long it remains enforceable, when the limitation period begins, and what you should watch out for now.
An outstanding claim from past years resurfaces — either because you are still owed money yourself, or because someone is suddenly demanding an old payment from you. In both cases, the same question arises: is the claim still enforceable at all, or has it already become time-barred?
How I can help you
- Calculating whether, and when, a specific claim becomes time-barred
- Checking whether the limitation period has been suspended or restarted by particular circumstances
- Enforcing a claim while time still remains
- Defending you against a claim that is already time-barred
- Assessing cases involving shorter or longer limitation periods than the standard one
The standard limitation period: three years
For most claims, the standard limitation period of three years applies (§ 195 BGB). Once the period has expired, the debtor can rely on the limitation defence — the claim continues to exist in law, but can no longer be enforced once the debtor invokes it.
When the period starts to run
What matters is when the limitation period begins — and that is often not the date on which the claim arose. The standard limitation period begins at the end of the year in which the claim arose and the creditor obtained knowledge of the circumstances giving rise to the claim and of the identity of the debtor, or would have obtained such knowledge but for gross negligence (§ 199 (1) BGB). A claim arising in the spring of one year therefore, as a rule, only becomes time-barred at the end of the year three years later — not simply three years from the original date. Whether a shorter or longer period applies in a specific case, and whether the limitation period has meanwhile been suspended, is a question for the individual case. More on time limits in civil law can be found on the Civil Law page.
On costs: billing is under the RVG (Rechtsanwaltsvergütungsgesetz) or by agreement. Where a claim is justified and still enforceable, the debtor will, as a rule, ultimately also bear the costs; legal expenses insurance often covers the costs — I submit the cover request on your behalf.
Whether your claim is still enforceable, or a claim raised against you is already time-barred, is something I assess for you in an initial consultation — the earlier, the more room there is to manoeuvre.
This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-06-08.
Request an initial consultationWhat will it cost me?08091 617 7777