Quick Answer
- What it is:
- Debt-Collection Limitation Defense — a legal procedure in Germany.
- Deadline:
- 1095 days
- Steps:
- 5 steps
- Cost:
- EUR null
- Documents:
- 3 required
- Legal basis:
- BGB §195
Important Deadlines
Regular civil-claim limitation period
Required Documents
- ✓The collection letter(s) received
- ✓Any prior correspondence with the original creditor
- ✓Records establishing when the underlying obligation arose
Step-by-Step Guide
Check the origin date of the claim — the regular limitation period is 3 years (BGB §195).
Pro tip: The period starts at the end of the year in which the claim arose AND the creditor knew (or should have known) the debtor's identity and the claim's basis (BGB §199 Abs. 1).
If the calculated limitation period has expired, raise the Einrede der Verjährung (limitation defense) explicitly — it does not apply automatically, the debtor must invoke it.
Demand the full assignment chain (proof the collector actually holds the claim) and an itemized breakdown of fees by nature, amount, and basis (RDG §13a, in force for collection mandates issued after 30 September 2021).
Note that collection fees are capped at the amount a lawyer would be entitled to under the RVG fee schedule (RDG §13e).
State explicitly that silence on earlier letters is not an acknowledgement of the debt — an implicit acknowledgement can restart the limitation clock.
Fees
Legal Basis
Also Known As
This procedure is commonly searched under these names:
Official Resources
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