Limitation of claims: There are these deadlines

December 31 is not only the end of the year, but also important for the limitation of claims. Because on this day a claim could be time-barred. You can find out about the deadlines in this practical tip.

When does the limitation of claims begin?

First of all, you need to know that the legislature has stipulated that almost everything will become statute-barred at some point. A regular statute of limitations of three years was laid down in the law (§ 195 BGB).

• The limitation period begins on the last day of the year in which the claim arose and the claim holder became aware of it or should have known about it without gross negligence (§ 199 BGB).
• In many cases the statute of limitations is clear - here is an example: Ms. A bought two chairs from Mr. B on April 6, 2015, worth 500 euros. After receiving the invoice, Ms. A only paid half. With Mr. B, the claim was forgotten. Due to the fact that the claim arose in 2015, Mr. B now has until December 31, 2018 to assert the claim.
• In rare cases, the statute of limitations is not as clear as in this example: An investment adviser brokered her client's participation in a closed-end fund in March 2010 and provided the client with a product prospectus. The customer lost a lot of money. Now he is demanding compensation for lack of investment advice. The claim arose in March 2010. But when did the customer know about the risks?
• In such a case, the courts divorce. In the case of investment matters in particular, the case law is of the opinion that the beginning of the limitation period is not decisive when the prospectus is handed over. In this case, it is always an individual decision.
• If you knew nothing about a claim, the three-year limitation period does not begin immediately. However, there are maximum deadlines for such a case. After this period, the claims have finally expired.
• The following maximum deadlines apply: 30 years = claims for damages due to bodily harm, health and freedom; 10 years = other claims for damages, for example in the case of capital investments; 10 years = other claims, such as repayment claims for processing fees

Further limitation periods in the BGB

But there is not just the regular period, which is three years. The legislator has set further deadlines in the BGB.

• If goods are defective, there is a period of two years to file a complaint. The period begins with leaving the store or with the delivery of the goods (§ 438 Paragraph 1 No. 3 BGB).
• The period for maintenance and repairs is also two years. So if you hire a handyman to repair your washing machine, the handyman has two years to make a claim against the customer. The deadline begins with the acceptance of the work (Section 634a (1) No. 1 BGB).
• You have a property renovated or have conversions carried out, you have a five-year limitation period (Section 634a (1) no. 2 BGB).
• The limitation period for rights to a property was specified in § 196 BGB and is ten years.
• There are other deadlines that are regulated in the BGB. There is a two-year limitation period for claims from travel contracts (travel defects), warranty claims for a work contract and warranty claims for a purchase.
• A three-year period applies to claims for reimbursement, purchase price, factory wages and wages. The three-year limitation period also applies to passenger rights (compensation payment).
• Warranty claims for a building are confirmed with a five-year period.
• In contrast, rights to a property are specified with a ten-year limitation period.
• There is a statute of limitation of 30 years for legally established claims, enforceable comparisons or deeds, damage claims for bodily harm, surrender claims of the owner and family and inheritance law claims.

Prevent the limitation period

If a claim is time-barred, it does not automatically expire. If a creditor requests money even though the claim is time-barred, you should definitely inform him of it.

• There are a number of ways you can ensure that the statute of limitations does not occur. One of them is to request a payment order. In Germany, only the automated central dunning procedure is used. You only have to apply for a reminder, and you do not have to provide a reason.
• If you have all the important documents, you can also file a lawsuit. However, you have to give reasons for this. The statute of limitations is inhibited when the letter is received by the court. For claims of more than 5000 euros you have to go to the district court and need a lawyer.
• You can also stop a statute of limitations with serious negotiations. Keep in mind, however, that you have to prove that the discussion was tangible and that a solution is being sought. Request a written declaration from the debtor that the limitation period will be stopped for the duration of the talks. If you fail with this procedure, request a payment order or an action.
• A complaint to a consumer arbitration board is also possible and inhibits the limitation period. If this procedure has ended, the limitation period will continue after six months.

In another article you can read how long a Schufa entry will remain.