Supreme Court clarifies how to prolong limitation period

News - 2025-01-16

On 15 January, the Supreme Court issued a new ruling clarifying how the interruption of the limitation period for a claim should be ensured.

The main issue in the case was whether a debtor is obligated to monitor their mail at their registered address in the population register to avoid the statute of limitations on a claim, even if the debtor has a registered special mailing address in the population register.

The Supreme Court has now clarified that a special mailing address replaces the registered address in the population register when determining where mail should be sent. If such an address is registered, the debtor is only expected to monitor their mail at that address. The special mailing address should not be considered a complement to the registered address.

If a creditor sends correspondence only to the registered address, the creditor must be able to demonstrate that the letter was actually received by the debtor, for example, through confirmation, for the letter to interrupt the limitation period.

This ruling means that, as a creditor, you need to review your procedures to ensure that letters are sent to the correct address to avoid claims becoming time-barred.

Do you have questions about this or need guidance? Don’t hesitate to contact us!

Read the complete ruling here.