Interruption of limitation (stuiting van verjaring) is an act that stops a running limitation period before it expires, after which a new period starts. The main routes are a written demand or reservation of rights (article 3:317 Dutch Civil Code, BW), legal action (article 3:316 BW) and acknowledgement by the debtor (article 3:318 BW).
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How do you interrupt a limitation period?
For a claim to performance, including payment or damages, a written demand is enough. So is a written communication in which the creditor unambiguously reserves its right to performance (article 3:317(1) BW). For other claims, a written demand only interrupts if legal action follows within 6 months. Serving a writ of summons always interrupts the period.
What must the letter say?
It must make clear to the debtor that you keep your right to performance. A general complaint is not enough. The letter must also actually reach the debtor. The sender bears the risk, so use registered post and email, and keep proof of sending and receipt.
How long is the new period?
After interruption a new period starts on the following day. It is equal to the original period, but never longer than 5 years (article 3:319 BW). If legal action is withdrawn or declared inadmissible, it only interrupts if new proceedings are started within 6 months (article 3:316(2) BW).
Frequently asked questions
Can I interrupt after the period has run out?
No. Once the period has expired, a letter no longer helps, although the debtor must still invoke limitation.
Should I repeat the interruption?
Yes, if negotiations last long. Put a reminder in your calendar well before each new deadline.
Related terms
Our civil law team can check your deadlines and draft an effective interruption letter. Want to know what this means for your situation? Book a free introductory meeting.
