⏳ Does a debt really vanish on its own after five years?

Quick answer

No. A debt does not vanish on its own through limitation — the court does not apply limitation of its own motion, only if the debtor raises the objection of limitation. The Code of Obligations (OZ) sets a general period of 5 years (Article 346), 3 years for periodic dues, interest and rent (Article 347), and 3 years for claims under commercial contracts (Article 349), while utility and household services (electricity, water, heating, phone) run out in 1 year (Article 355). Once a final court judgment establishes the claim, the period stretches to 10 years (Article 356). So debts do not lapse quietly: if the creditor sues in time, the period is interrupted and starts running afresh, and your written acknowledgment or a part-payment do the same. If you pay a time-barred debt anyway, you cannot get the money back.

📋 The rules

The general limitation period is 5 years (Article 346 OZ) and applies to all claims for which the law sets no other period — for example loans and damages from contracts.
Periodic claims — interest, rent, maintenance and other dues that fall due periodically — become time-barred in 3 years from the maturity of each individual amount (Article 347 OZ).
Claims for the supply of electricity, heat, gas, water and for chimney-sweeping, postal and telecommunications services to households become time-barred in 1 year (Article 355 OZ).
Mutual claims under commercial contracts for goods and services run out in 3 years (Article 349 OZ); a claim established by a final judgment, in 10 years (Article 356 OZ).
The period is interrupted (and starts afresh) by the debtor's acknowledgment of the debt or by filing a lawsuit or enforcement; before maturity and in certain circumstances it does not run.

🔓 Exceptions

Limitation is an objection, not an automatic effect: if the debtor does not raise it in the proceedings, the court awards the debt even though the period has expired — so you must point to limitation yourself.
A payment of a time-barred obligation cannot be reclaimed: after limitation the debt survives as a natural obligation, so a voluntary payment is valid and final.
A final judgment or enforcement title extends the period to 10 years, even for claims with an otherwise shorter period — so an enforcement order you receive does not stop limitation but sets it running anew.

⚠️ Penalties & fines

The mistaken belief that a debt disappears after five years is expensive. Until you raise the objection of limitation, the creditor can sue and obtain a final judgment that stretches the period to 10 years, and the debt gathers default interest, court and enforcement costs, and lawyer's fees. In enforcement through FURS or a bailiff, they can reach your salary, pension, account or property; default interest runs the whole time the debt is unpaid. Limitation works only as a shield you must raise yourself and in time — best by an express objection in the defence to the claim or in the objection against the enforcement order. Watch out for interruption too: a single part-payment or a signed acknowledgment of the debt wipes out the years already elapsed, and the period starts from the beginning, pushing limitation into the future.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Do I still have to pay a time-barred debt?

Legally no one can force you to pay if you raise the objection of limitation in time. But limitation does not erase the debt by itself: if you do not raise the objection, the court will order payment. If you pay a time-barred debt voluntarily, you cannot claim the money back.

In how many years does an ordinary loan become time-barred?

A loan is subject to the general five-year limitation period from Article 346 of the Code of Obligations, if repayment is not agreed in instalments. The period runs from maturity, and is interrupted by any acknowledgment of the debt or by filing a lawsuit, after which five years start running again.

When do electricity and water bills become time-barred?

Claims for the supply of electricity, water, heat, gas and for postal and telecommunications services to households become time-barred in one year (Article 355 OZ). The short period applies only to the supply itself; if the supplier sues in time and obtains a judgment, the debt survives far longer under the ten-year period.

Does the court note by itself that a debt is time-barred?

No. The court does not apply limitation of its own motion, but only if the debtor raises the objection of limitation. If you do not raise it in the lawsuit or in the objection against the enforcement order, you will have to pay the debt with costs and interest, even though the period has already expired.

Does an enforcement order stop limitation?

On the contrary — filing a lawsuit or an enforcement request, or issuing a final judgment, interrupts limitation and sets it running afresh, and a court-confirmed claim becomes time-barred only in ten years (Article 356 OZ). So an enforcement order you receive does not run the period out but restarts it.

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