Claims against the government may become time-barred. After the expiry of the time limit, it is no longer possible to enforce your right. Discover which time limits apply in Utrecht.
What does statute of limitations mean?
The statute of limitations means that after a certain period, you can no longer legally enforce your right. The government can then invoke the statute of limitations and is not obliged to pay.
Time limits for statute of limitations
| Type of claim | Statute of limitations period |
|---|---|
| Damages for unlawful act | 5 years after knowledge of the damage |
| Compensation for disadvantage | 5 years after the claim arises |
| Recovery of undue payment | 5 years |
| Absolute statute of limitations | 20 years after the damage-causing incident |
Start of the statute of limitations period
The time limit for statute of limitations begins on:
- Damages: the day after becoming aware of the damage and the responsible party
- Undue payment: the day after becoming aware of the possibility of recovery
Interrupting the statute of limitations (tolling)
You can stop the statute of limitations by:
- Sending a written demand letter or tolling letter
- Initiating legal proceedings
- Acknowledgment of the claim by the government
What happens after tolling?
After tolling the statute of limitations, a new period begins, often again 5 years, or the remaining time if shorter.
Frequently asked questions about statute of limitations in Utrecht
What if my claim is already time-barred?
Then you can no longer enforce your right through the court. You can still submit a request to the government for voluntary payment.
How can I interrupt the statute of limitations?
Send a registered letter in which you clearly claim your right to damages.
Does statute of limitations apply to administrative law matters?
Objection and appeal time limits are peremptory time limits, not statute of limitations. After 6 weeks, it is no longer possible to file an objection.
Practical questions about statute of limitations
When does the statute of limitations period for my claim start?
It depends on the nature of your claim. For damages, the period starts the day after becoming aware of both the damage and the responsible government. For undue payment, it starts the day after becoming aware of your right to recovery. Keep track of these dates carefully, as the 5-year period (or 20 years for absolute statute of limitations) starts then. If in doubt, contact a lawyer.
Can the government stop the statute of limitations itself?
Yes, if the government acknowledges your claim in writing, the statute of limitations is tolled and a new 5-year period starts. Negotiations can also count as acknowledgment. Always ask for written confirmation to avoid ambiguity.
What if I forget to toll the statute of limitations?
If you do not toll in time, your claim becomes time-barred after 5 years (or 20 years for absolute statute of limitations). You can then no longer take legal action. Voluntary payment by the government remains possible, but is not obligatory. So keep an eye on the time limits.
Are the time limits the same for all governments in Utrecht?
In general, the same statute of limitations periods apply to municipalities, provinces, and the State. However, specific laws may contain exceptions. Always check the relevant legislation or seek legal advice if in doubt.
How do I draft a good tolling letter?
A tolling letter must be clear and precise. State your details, the claim, the amount, and the reason. Send it by registered mail and keep the proof. Example sentence: 'Hereby I claim damages for [reason] and interrupt the statute of limitations.' A lawyer can help make the letter legally robust.
What is the difference between statute of limitations and a peremptory time limit?
Statute of limitations means that after a period you can no longer enforce your right, but voluntary payment is possible. A peremptory time limit, such as for objections, means that after expiry you have no rights at all. For example, after 6 weeks you can no longer object to a government decision.
Can I still bring a time-barred claim before the court?
No, a time-barred claim will be dismissed by the court. You can still ask the government to pay voluntarily, but this is not obligatory.
Contact and support in Utrecht
For legal assistance, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht