Can I avoid paying a time-barred debt?
It depends: a time-barred debt doesn't vanish, but you can refuse to pay it. Monetary claims become time-barred. After the period, the debt doesn't disappear, but the debtor can refuse to pay by raising the limitation plea. The general period is 6 years, and for claims for periodic payments (e.g. rent, instalments, interest) and those linked to business activity — 3 years. The period ends on the last day of the calendar year (a rule in force since 2018), unless the period is shorter than 2 years. Importantly: if the debtor is a consumer, the court considers limitation of its own motion — the creditor won't win a case over a time-barred debt. But the limitation period is interrupted by, among others, acknowledging the debt, a court claim or a bailiff application — then it runs anew.
📋 The rules
- A time-barred debt doesn't vanish, but you can refuse to pay
- General period: 6 years
- Periodic and business claims: 3 years
- The period ends on the last day of the year
- Against a consumer: the court considers limitation of its own motion
🔓 Exceptions
- Acknowledging the debt, a claim, a bailiff application: interrupt it (counts anew)
- Non-monetary and some special claims: different or no limitation
- Voluntary payment of a time-barred debt: not refundable
⚠️ Penalties & fines
Although you can refuse to pay a time-barred debt, the claim still exists — if you acknowledge the debt (e.g. make a settlement or a partial payment), the limitation period interrupts and starts anew, and the debt must be watched again. The creditor can also sell the debt to a debt-collection firm, which will try to recover it; if the case goes to court and you're a consumer, the court examines limitation of its own motion. To handle a time-barred debt properly: establish the due date and count the period, don't acknowledge the debt hastily (avoid "trial" payments), on a claim raise the limitation plea in your reply to the court, and if in doubt use the help of a consumer ombudsman or a lawyer.
📎 Official sources
- ISAP · Civil Code (limitation, art. 117 ff.) →
- UOKiK · Limitation of claims →
- Gov.pl · Debts and collection →
❓ Frequently asked
After how long does a debt become time-barred?
The general limitation period is 6 years, and for claims for periodic payments (e.g. rent, instalments, interest) and those linked to running a business — 3 years. The period ends as a rule on the last day of the calendar year in which the limitation period expires.
Must I pay a time-barred debt?
You don't have to. A time-barred debt doesn't vanish, but you can refuse to pay it by raising the limitation plea. If the case goes to court and you're a consumer, the court considers limitation of its own motion. A time-barred debt paid voluntarily, however, isn't refundable.
Can the limitation period be interrupted?
Yes. The limitation period is interrupted by, among others, the debtor acknowledging the debt, bringing a claim, applying for an enforcement clause or starting bailiff enforcement. After interruption the period starts running anew, so the debt must be kept in mind for further years.
Does acknowledging the debt affect limitation?
Yes. Acknowledging the debt — including by a partial payment, a request to pay in instalments or a settlement — interrupts the limitation period, which then starts running anew. So with a time-barred or nearly time-barred debt you shouldn't hastily confirm its existence.
What if a debt-collection firm demands a time-barred debt?
Establish the due date and check whether the limitation period has expired. Don't acknowledge the debt hastily. If the case goes to court, raise the limitation plea in your reply. As a consumer you benefit from limitation being considered of the court's own motion. If in doubt, use a lawyer or consumer ombudsman.
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