Does a debt vanish exactly three years after the invoice?
It does not — and this is where people go wrong. Commercial claims against a consumer generally expire after three years. But limitation can be interrupted, and then it starts afresh. Three things interrupt it: the creditor's reminder, bringing the claim before a court or arbitration tribunal, and the debtor's own acknowledgment that the debt exists. The period starts not on the day the invoice was issued, but when the claim becomes enforceable — when payment falls due. The practical upshot: the date of the latest valid reminder or acknowledgment often matters more than the original invoice date.
📋 The rules
- A commercial claim generally expires after three years
- The period starts when the claim becomes enforceable
- A creditor's reminder interrupts limitation
- Bringing the claim in court interrupts it too
- The debtor's acknowledgment interrupts it
🔓 Exceptions
- A private, non-commercial claim may fall under the general 10-year Civil Law period
- A special law may set a different limitation period for a particular type of debt
- A debt older than three years remains enforceable if limitation was validly interrupted
⚠️ Penalties & fines
Before any adverse out-of-court recovery, you are owed time. The collector's notice must normally give you at least 21 days to submit reasoned written objections. A debt-history database entry may generally be made only once payment is more than 60 days overdue and the objection period has passed; the information may be released to third parties no earlier than 30 days after the relevant notice. Records of a paid debt may remain for a further three years. And beware voluntary payment: once limitation has fully expired the claim is extinguished — but money paid voluntarily generally cannot be reclaimed merely because the limitation period had already run.
📎 Official sources
❓ Frequently asked
Does a debt vanish after three years?
Not automatically. A commercial claim generally expires after three years, but a creditor's reminder, a court claim or an acknowledgment of the debt interrupts limitation and it begins again.
From what date is limitation counted?
Not from the issue of the invoice, but from when the claim becomes enforceable — when the payment or instalment falls due. That can be considerably later than the invoice date itself.
Does a letter interrupt limitation?
A creditor's reminder does interrupt it, and a new period then begins. That is why the date of the latest valid reminder often matters more than the date of the original invoice.
Should I acknowledge the debt?
Be careful. The debtor's acknowledgment interrupts limitation — so acknowledging can make an apparently old debt enforceable for a further period. Do not sign anything without understanding that.
How long is debt history kept?
Records of a paid debt may remain for three years after payment. For an unpaid debt, records may remain until the underlying claim itself expires by limitation.
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