Limitation of a private loan and requesting repayment in time

A claim for repayment of a private loan can become time-barred. For an ordinary contractual claim, a period of five years from the day after the claim became due often applies. That does not mean that every loan becomes unrecoverable five years after the original transfer. The repayment arrangement, any notice calling in the loan and later acts interrupting the limitation period or acknowledgements can make a difference.

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For a loan without a fixed time of repayment, there is also a special regime. Monthly repayments, interest, a court judgment and security rights may likewise require a separate assessment. Looking only at the age of the loan is therefore not enough.

If you are the lender, map out the relevant dates before waiting any longer. If you are the borrower and receive an old claim, ask for the agreement, the notices calling in the loan and earlier correspondence. A limitation defence must be substantiated; do not assume that a court will automatically apply every possible limitation period for you.

Limitation concerns the enforceability of the claim

Extinctive prescription concerns the expiry of the period within which a legal claim can be enforced. The underlying debt does not disappear in exactly the same way as it would through payment or remission. A natural obligation may remain. That distinction is relevant if someone pays voluntarily after the limitation period has expired or makes new arrangements.

Nor should you confuse limitation with forfeiture of rights (rechtsverwerking). Doing nothing for a long time is not in itself sufficient for forfeiture of rights; that requires special circumstances. Limitation works through statutory periods and rules. Both doctrines may be raised in a case, but each requires its own legal substantiation.

The general rules are set out in Book 3, Title 11 of the Dutch Civil Code (BW). The following provisions matter for a private loan:

• Article 3:307 of the Dutch Civil Code paragraph 1: a claim for performance of a contractual obligation becomes time-barred five years after the start of the day following the day on which the claim became due. Paragraph 2 governs the loan without an end date: the period only runs from the day following the day by which you gave notice that you were calling in the loan, subject to an outer limit of twenty years after the day on which calling in the loan (following termination, if required) was first possible.
• Article 3:308 of the Dutch Civil Code interest and anything else payable annually or more frequently becomes time-barred separately after five years. Interest on old instalments may therefore already be time-barred while the principal is still recoverable.
• Article 3:316 of the Dutch Civil Code interruption by bringing a claim or by another act of legal proceedings.
• Article 3:317 of the Dutch Civil Code interruption by a written demand or a written notice in which you unequivocally reserve your right to performance. This is the route used in the example text below.
• Article 3:318 of the Dutch Civil Code acknowledgement by the debtor interrupts the limitation period; a partial payment or a written confirmation of the balance can be such an acknowledgement.
• Article 3:319 of the Dutch Civil Code after interruption a new period begins, equal to the original one but no longer than five years. The claim never becomes time-barred earlier than the original period would have expired without interruption.
• Article 3:324 of the Dutch Civil Code the right to enforce a court judgment becomes time-barred twenty years after the day following the day of the judgment. An old judgment should therefore not be assessed using the five-year period of an ordinary loan.

Which provision applies depends on the type of claim and on what has happened in the meantime.

Which period applies in your situation?

There is no single period for a private loan. Find the rule that fits your arrangement.

Situation	Period	When does it start to run?	Statutory provision
Loan with an agreed repayment date	5 years	The day after the agreed date (from then on the claim is due)	Art. 3:307(1) BW
Loan without an end date	5 years, with an outer limit of 20 years	The day after the date by which you called in the loan in writing. The 20 years run from the day on which calling in the loan was first possible	Art. 3:307(2) BW
Loan repayable in monthly instalments	5 years, separately for each instalment	For each instalment that has fallen due, from the day after the due date	Art. 3:307(1) BW
Accelerated repayment after default	5 years	The day after the moment at which you validly made the remaining balance due	Art. 3:307 BW, together with the acceleration clause
Interest and other periodic amounts	5 years, separately from the principal	For each interest instalment that has fallen due	Art. 3:308 BW
After a valid interruption	New period, equal to the original one, maximum 5 years	The day after the act of interruption	Art. 3:319 BW
Claim established by judgment	20 years for enforcement; 5 years for periodic payments under the judgment	The day after the judgment	Art. 3:324 BW

The agreed repayment date is the first point of reference

If the parties agreed a specific date for repayment, the first question is whether the debt became due on that date. The five-year period of Article 3:307(1) of the Dutch Civil Code in principle starts on the following day. A loan made in 2018 that, as agreed, only has to be repaid years later therefore requires a different calculation from a debt that is immediately due.

The repayment date may also appear from correspondence or a later amended arrangement. So do not check only the original contract. Did the lender expressly agree to a new due date, or was there merely a temporary promise not to litigate? That distinction may have consequences. Moreover, a request for deferral is not the same as acceptance of that request.

Where an event was agreed, such as the sale of a house, the arrangement must be interpreted. When exactly does the obligation to pay arise, and what if the sale does not take place? A timeline without a legal interpretation of that condition can give a false sense of certainty. With such arrangements, first have the due date determined and only then calculate the limitation period.

A loan without an end date has its own regime

For an obligation to perform after an indefinite period, Article 3:307(2) of the Dutch Civil Code contains a special starting point. The five-year period is then linked to the moment by which the creditor gave notice that he was calling in the loan. In addition, there is a twenty-year period linked to the earliest possible moment of calling in the loan, following termination if required. Both elements must be assessed together.

This prevents a creditor from leaving a claim dormant indefinitely by never calling it in. At the same time, it does not mean that every loan without paperwork becomes time-barred exactly twenty years after payment. It must first be established what type of obligation was agreed and which moments are legally relevant.

For loans of money, Article 7:129e of the Dutch Civil Code also provides that, if no other time of repayment follows from the agreement, repayment must be made within six weeks of the notice calling in the loan. That repayment rule and the limitation rule answer different questions. For older loans, transitional law must also be examined. So do not simply fill in a date taken from a standard letter.

Timeline of a loan without an end date

With a loan without a repayment date in particular, the periods run differently from what people expect. A worked fictitious example makes this visible. In March 2015, Peter lends his nephew €10,000, without any arrangement about when it must be repaid.

When	What happens	Consequence for the period
12 March 2015	Peter transfers €10,000; no repayment date agreed	The five-year period does not start to run. The outer limit of twenty years (Art. 3:307(2) BW) does start, from the day on which calling in the loan was first possible
2015–2023	Occasional contact, no repayment, no notice calling in the loan	Nothing becomes time-barred. Peter wrongly thinks he is “too late”
4 June 2023	The nephew transfers €500 with the description “loan repayment”	Acknowledgement of the debt; interrupts the limitation period insofar as it was already running (Art. 3:318 BW). Keep this statement
10 January 2026	Peter writes: “I am calling in the loan with effect from 1 March 2026”	From 2 March 2026 the claim is due; only then does the five-year period begin
2 March 2031	End of the five-year period	Peter must interrupt the limitation period or issue a summons before this date
March 2035 at the latest	Twenty years after the earliest possible moment of calling in the loan	Absolute upper limit: even without a notice calling in the loan, the claim is then time-barred

Monthly instalments and accelerated repayment

With repayment in instalments, different parts of the debt may fall due on different dates. Arrears for January therefore need not have the same limitation position as an instalment that has not yet fallen due. Review the payment arrangement instalment by instalment and check which payments have been allocated to each.

Some agreements provide that, in the event of certain arrears, the remaining balance may be called in early. It must then be examined whether that clause applies, whether its conditions have been met and whether the required notice has been given. A missed payment does not automatically make the entire loan due in every case.

It must also be clear how the creditor has made up the amount claimed. Ask for a breakdown in which principal, instalments due, interest and costs can be distinguished. Otherwise it cannot be verified which components a limitation defence relates to. A single total with the note “old loan” is usually insufficient for this purpose.

Interest may be subject to a different period

For amounts payable periodically, including interest, Article 3:308 of the Dutch Civil Code provides a five-year limitation period that is assessed for each instalment due. This calls for attention where the principal is still enforceable but very old interest is being claimed. The balance may therefore consist of components with a different legal position.

First check whether interest was agreed and is payable at all. For a private loan between natural persons, contractual interest is subject to a requirement that it be agreed in writing. Statutory interest for late payment may also be at issue. The basis, start date and percentage used must each be apparent from the calculation.

A letter interrupting the limitation period must be sufficiently clear about the claim to which it relates. If interest and costs are reserved in addition to the principal, this must be described recognisably. That does not yet establish that all those items are owed, but it prevents uncertainty about which claim the creditor intended to protect.

What interrupting the limitation period means

Interruption breaks a running limitation period when the statutory conditions are met. For a claim for performance, a written demand or notice in which the right to performance is unequivocally reserved may be suitable for this purpose. The debtor must be warned sufficiently clearly that he must take the claim into account and preserve evidence.

The letter need not consist exclusively of legal terms. It must, however, be clear which loan and which obligation are concerned. State the parties, the date or contract reference, the substance of the claim and the reservation. A vague statement that you “will come back to the matter some day” may be insufficient.

A summons or other act of legal proceedings can also interrupt the limitation period, but its own rules apply. Even if proceedings end without the claim being awarded, further monitoring of deadlines may require attention. So do not treat proceedings that have been started as a reason to abandon your limitation records for good.

An example of a clearly defined interruption notice

For a specific claim for repayment, a notice could be structured as follows, for example:

Only use this example after the claim and the addressee have been checked. It is not a statement that the period mentioned is still running, nor does it replace an assessment of whether the claim is due. Where there are several loans, jointly and severally liable parties or different legal bases, the wording must be adjusted accordingly. A letter to the wrong person may not adequately protect the claim you intended to protect.

Being able to prove receipt of the letter

A notice interrupting the limitation period must reach the addressee in accordance with the applicable rules. Merely being able to show that you drew up a document is not enough. So keep the message sent, the address details, proof of dispatch and any acknowledgement of receipt. A registered letter can help, but even then it must be examined what was actually delivered or offered for delivery.

Where appropriate, use more than one known channel of communication, for example post and the email address the parties previously used to correspond about the loan. This does not replace a legal assessment, but it can reduce evidential problems. Check whether a change of address is known. Do not send sensitive case documents to random family members in the hope that they will pass the letter on.

A response from the debtor can confirm receipt. Keep that response even if the answer is negative. An express denial may be relevant as evidence of receipt without the debt being acknowledged. Receipt and acknowledgement are therefore two separate questions.

Acknowledgement or a partial payment can be significant

Article 3:318 of the Dutch Civil Code governs interruption by acknowledgement of the right that the legal claim serves to protect. A clear confirmation of the balance owed may fall under this. Conduct, such as a partial payment, may also amount to acknowledgement depending on the circumstances. However, not every payment means that every item claimed is acknowledged.

Suppose the borrower pays €200 and adds that only that amount is undisputed. The scope of that payment must then be assessed. Likewise, a proposal to settle in exchange for a final release is not automatically a full acknowledgement of the debt. The wording used and the context are important.

If the limitation period has already expired, a later acknowledgement is not simply the same as interrupting a period that is still running. Other questions may then arise, such as waiver of the limitation defence or entering into a new obligation. So, as a borrower facing a claim, do not sign a balance confirmation or arrangement without understanding what consequences it may have.

Negotiating without forgetting the deadline

Parties may spend months discussing a payment arrangement while a period continues to run. Do not assume that negotiations in themselves are enough to remove a limitation risk. A timely and clear interruption notice may be needed alongside the discussions. You can reserve your right without breaking off every conversation.

Record when the limitation period must be interrupted again. After interruption, a new period usually begins under Article 3:319 of the Dutch Civil Code, but its exact length and effect depend on the applicable rules. A one-off letter does not protect you indefinitely. So keep a case diary with an internal check date well before the final deadline.

In a complaints procedure, such as a financial complaint to Kifid, the Dutch Financial Services Complaints Tribunal, it must be examined separately what this means for civil limitation. Do not rely solely on the existence of a complaint. See also the explanation of the Kifid procedure. A lawyer can monitor the various deadlines side by side.

Judgments, security rights and family relationships

If a court judgment has already been given, different periods apply than for the original contractual claim. Article 3:324 of the Dutch Civil Code is then the relevant provision: the right to enforce the judgment becomes time-barred on the expiry of twenty years after the start of the day following the day of the judgment. Paragraph 3 contains one exception: for amounts payable annually or more frequently under the judgment, the period is five years. If the judgment is challenged by legal remedy before the period expires, the period only starts to run after those proceedings have ended (paragraph 2). It is therefore incorrect to assess every old judgment using the five-year period of an ordinary loan: a judgment from 2012 may still be perfectly enforceable in 2026.

Where there is a mortgage or other security right, it must be examined how the secured claim and the security interact. The limitation rules may then raise additional questions. Nor does a notarial deed mean that you never need to look at deadlines again. Have the deed and the current claim assessed together.

Within a family, the personal relationship is not a general ground for extension. Special rules exist for spouses and registered partners, but these do not automatically apply to cohabitants, brothers, sisters or parent and child. For family arrangements, also read reclaiming a family loan.

What to do if you are asked to pay an old loan

Ask for the contract, the amounts provided, the balance calculation, the date on which the loan became due and all alleged acts of interruption. Note which letters you did and did not receive and keep your own records. Do not dispute only the amount if your defence also concerns limitation; make your position sufficiently clear.

Do not ignore a summons because you think the debt is time-barred. A defence must be raised in time in the correct proceedings. Also have it checked whether a judgment has already been given. A new collection letter may in fact relate to enforcement of an old title rather than to a loan that has not yet been assessed.

If only part of the claim is time-barred or incorrectly calculated, split your defence. The principal may be established while there is no substantiation for interest or costs. Our blog on disputing a claim for repayment helps you structure this. A precise response is more useful than simply “too old”.

Several loans each deserve their own timeline

If you lent money in different years, this does not automatically mean there is one loan with one limitation period. An additional transfer may fall under an existing agreement, but it may also be a new loan with its own arrangements. So organise the amounts provided by legal relationship and repayment date.

A letter interrupting the limitation period must make sufficiently clear which claim it relates to. Where several amounts were lent to the same person, a reference only to “the money lent” may give rise to discussion. Where possible, mention dates, contracts and amounts, without presenting an incorrect balance as definitively established.

Also check to whom the letter must be addressed. A notice to a director personally is not necessarily the same as a notice to the bv (private limited company) that borrowed the money. In the event of death, representation or assignment of the claim, additional questions may arise. The correct addressee and provable receipt form part of the same deadline check.

Keep the calculation of the period with the file, including the event on which the start date is based. If a new arrangement or acknowledgement follows later, update the timeline. This keeps it clear why you are working with a particular final date and which uncertainties still require legal assessment.

Is a deadline approaching? Have the timeline and an interruption notice assessed by our loan disputes team.

Frequently asked questions

Is a loan always time-barred after five years?

No. The relevant period depends on the type of claim and when it became due. Interruption, acknowledgement, a judgment or security rights can also make a difference. Five years after the transfer is therefore not a universal end date. Start with the repayment arrangement and then establish the legal timeline.

What about a loan without a repayment date?

The special regime of Article 3:307(2) of the Dutch Civil Code may apply, in addition to the rules on calling in a loan of money. Both the notice calling in the loan and a longer period from the earliest possible moment of calling in the loan may be relevant. The agreement must first be characterised; the absence of a date on paper does not automatically lead to one fixed outcome.

Is a WhatsApp message enough to interrupt the limitation period?

A written electronic notice may be suitable in certain circumstances, but its content, origin and receipt must be capable of being proved. Make the claim and the reservation unequivocal. When a deadline is approaching, it is wise to have the method of sending and the wording assessed rather than relying on a single short message.

Does every partial payment interrupt the limitation period for the entire debt?

Not necessarily. A partial payment may amount to acknowledgement, but the context determines which claim is thereby acknowledged. An express reservation or a discussion about different loans may be relevant. Keep the payment description and the surrounding communication.

Can I reclaim a time-barred debt if I have already paid it?

Voluntary payment of a natural obligation is not automatically an undue payment merely because the claim was time-barred. There may be other circumstances that require assessment, but the mere age of the debt is insufficient. So seek advice before you pay or sign a new arrangement if limitation may be an issue.

Which dates does a lawyer need?

The date the loan was made, repayment arrangements, amendments, notices calling in the loan, payments, acknowledgements and all letters sent or received. Add any court documents and security deeds. With this information, it can be established which period applies and what action is still needed. A complete timeline prevents false certainty.

Have the deadline assessed before it expires

Arslan Advocaten can assess whether your loan is due, whether it is time-barred and where the burden of proof lies, and can draft an appropriate response or interruption notice. Contact us and tell us straight away if a deadline may be about to expire. If the discussion is mainly about whether the arrangement exists at all, also read money lent without a contract.

Written by Onur Arslan, attorney at Arslan Advocaten and responsible within the firm for the financial practice: credit registrations, loans of money and disputes with lenders. Registered in the specialisation register of the Netherlands Bar (Nederlandse orde van advocaten) for employment law and personal injury. Substantively reviewed on 12 September 2026 against the statutory text on wetten.overheid.nl.

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