Can I be claimed for a very old debt?
Only within the limitation periods. Debts aren't eternal: they lapse if the creditor doesn't claim them within a certain time. The ordinary period is 10 years, but many debts have shorter periods: 5 years for rent, bills, interest and periodic payments; some debts have even shorter periods. Once lapsed, the debt is no longer enforceable. But note: limitation is interrupted and restarts each time the creditor sends you a default notice (e.g. a registered reminder letter) or you acknowledge the debt. Also, limitation doesn't operate by itself: if you're sued, you must plead it for the judge to consider it.
📋 The rules
- Debts lapse if not claimed in time
- Ordinary period: 10 years
- Rent, bills, interest: generally 5 years (some less)
- Limitation is interrupted by a default notice or acknowledgement
- It must be pleaded: it doesn't operate automatically
🔓 Exceptions
- Taxes and contributions: own periods (often 5 years)
- Creditor's default notices: restart the period
- Acknowledging the debt (a partial payment, an agreement) interrupts limitation
⚠️ Penalties & fines
A debt being lapsed doesn't mean it disappears by itself: the creditor can keep reminding you and, if they sue you, you must appear and plead limitation; if you don't, you could be ordered to pay a debt no longer owed. So, faced with an old claim, check the dates and whether there were interrupting acts. Be careful about acknowledging the debt (e.g. with a small payment), as it restarts the period. In doubt, get advice before responding or paying.
📎 Official sources
- Normattiva · Civil Code (limitation, art. 2934 ff.) →
- Revenue-Collection Agency · Limitation of tax bills →
- Ministry of Justice · Debts and debt recovery →
❓ Frequently asked
When does a debt lapse?
The ordinary period is 10 years, but many debts lapse in 5 years: rent, bills, interest and periodic payments. Some debts have even shorter periods. The period runs from when the debt could be claimed.
Does a lapsed debt disappear?
Not automatically. A lapsed debt is no longer enforceable in court, but the creditor can keep reminding you. If they sue you, you must appear and plead limitation for the judge to consider it; otherwise you could be ordered to pay.
What interrupts limitation?
Any default notice from the creditor (e.g. a registered reminder letter or a court document) and any acknowledgement of the debt by you (a partial payment, an agreement). With interruption, the limitation period restarts from zero.
Do I have to do anything for limitation to apply?
Yes. Limitation doesn't operate automatically: if you're sued over a lapsed debt, you must appear in the proceedings and expressly plead it. If you don't, the judge can't consider it and you could be ordered to pay a debt no longer owed.
They're claiming a years-old debt, what do I do?
Check the dates: when the debt arose and whether there were acts that interrupted limitation. Don't acknowledge the debt lightly, as it would restart the period. In doubt, get advice before responding or making any payment.
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