Limitation Periods for business debt recovery claims according to German law
Short time periods for the start of legal actions
Please note that according to the German Civil Code (BGB) there is only limited time allowed for the realization of business-related claims.
Prescription period is three years starting at the end of the year from the origin of the claim. Transport claims prescribe already within one year starting from the delivery. After expiration of these periods the claim is barred by this statute of limitations.
In certain cases - especially in cases where professional services are involved - German international private law refers to the law at the seat of the service provider and the laws of the respective country will apply. Different limitation periods will apply and a legal opinion concerning the legal situation is needed.
Prescription period for introducing a claim in court
Prescription of claims can only be blocked by specific litigation procedures which should be initialized by your lawyer.
After the statutory period of limitation has run out the debtor has the right to refuse any payment and the debt becomes legally invalid. Therefore the creditors have to initiate a lawsuit in Germany to protect against assertions that the debt is time-barred by statute.
You should avoid any timely constraints due to Limitation Periods
Clients should avoid this situation and immediately contact a specialist lawyer for business claims in order to be legally effective and successful.