What limitation does
After a certain period the obligation does not disappear, but it can no longer be enforced against you.
The distinction matters: the debt still exists, but if you raise the point in the right place at the right moment, it cannot be imposed on you.
The period depends on the type of claim, so I will not give you a single figure. It is checked on the particular case, and the crucial part is when it started running.
Limitation does not apply itself
This is the most expensive mistake here. The court does not take it into account on its own motion in the debtor’s favour. It has to be raised.
So someone who simply does not answer the letters, hoping time will pass, can lose even though the period has expired.
Inaction is not a defence. Raising the point is.
Be careful what you acknowledge
Here is what harms people without their knowing.
A partial payment, an instalment agreement, a signed record, or even a written message in which you acknowledge the debt can all affect how the period runs.
So do not pay “something to settle things with them” before it has been checked. A small payment sometimes costs the whole debt.
Collection companies
Many of these letters concern claims bought in bulk and cheaply. Some are old, and some carry interest and fees exceeding the principal.
A letter is not a writ of execution. A threat of an inventory is not an inventory. What actually stands behind the claim gets checked.
If enforcement proceedings have already started
Then the route is different and the deadlines are short. See defence against enforcement.
If you are abroad
This is exactly where it happens most, because the letters go to an old address. Call as soon as you find out, including if you heard it from a relative.
What I will need
The letter or demand, in full. What you know about where the debt came from and from which year. Every payment you have made and its date. Anything you signed over the years.
This page provides general information and does not constitute legal advice on any specific case. Rights and deadlines depend on the facts and the applicable law.