Lawyer within money claims law

Understanding the statute of limitations for monetary claims is essential for both the creditor (claimant) and the debtor (debtor). Statute of limitations means that a claim lapses after a certain period of time, which means that the creditor loses the right to collect the monetary claim. This is regulated in the Statute of Limitations Act.

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What is obsolescence?

Statute of limitations means that the right to collect a debt disappears after a certain period of time. This is stipulated by law and exists to ensure that claims cannot be collected many years after they arose.

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When a claim becomes statute-barred, it means that the person who owes money no longer has a legal obligation to pay, even if the debt was originally valid.

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The general limitation period

The general statute of limitations for monetary claims is 3 years . When the three-year statute of limitations applies, it means that if someone owes you money, you must claim it back within three years, otherwise you lose the right to get it back. As a general principle, the statute of limitations starts to run when the claim becomes due.

Example: If you lend money to a friend on January 1, 2025, and you have not agreed on a specific repayment date, your claim will become statute-barred on January 1, 2028.

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Exceptions to the general deadline

Some types of claims have longer deadlines. For example:

• Claims with a written agreement (debt) which typically include bank loans – If you have a written agreement for the loan, the statute of limitations may be 10 years .
• Compensation claims – If you claim compensation for an injury, there may be special rules that provide a longer period, up to 20 years in certain cases.

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What if you didn't know about the requirement?

In cases where one has not been aware of the requirement, an additional period of one year may be granted from the day one gained or should have gained such knowledge, cf. the Limitation Act, Section 10, No. 1. For contractual obligations, there is an absolute limit of 13 years from the due date, which includes the general period of three years plus a possible extension of ten years.

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Interruption of the limitation period

The limitation period can be interrupted in several ways. The most common method is to take legal action against the debtor, for example by filing a settlement complaint or summons. The period can also be interrupted if the debtor acknowledges the claim, either by paying part of the amount owed or otherwise acknowledging the debt.

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Absolute limitation periods

For claims for damages outside of a contract, an absolute limitation period of 20 years applies from the date on which the damaging act or the basis for liability ceased, cf. the Limitation Act, Section 9, No. 2. This means that even if the creditor was not aware of the damage or the person responsible, the claim cannot be brought after 20 years. There are exceptions for personal injuries under certain circumstances, where no absolute limitation period applies.

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How to avoid the claim becoming time-barred?

If you want to make sure you don't lose your right to your money, you can interrupt the statute of limitations. This can be done in two ways:

1. Collect the money in an official way
   • Send a payment reminder or dunning letter
   • Hire a debt collection agency
   • Take the case to the conciliation board or court
2. That the debtor confirms that he or she owes you money
   • Pays part of the claim
   • Written or verbal confirmation that the debt still exists

If the limitation period is interrupted, a new period starts to run from that point.

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It is a good idea to know the statute of limitations

Being aware of the statute of limitations is crucial for both creditors and debtors. For the creditor, it ensures that necessary steps are taken to collect claims before they become time-barred. For the debtor, it can mean avoiding paying claims that are no longer valid.

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We understand that the rules surrounding statutes of limitations can be complex. If you are unsure about what applies to your situation, it may be a good idea to speak to a lawyer experienced in monetary claims law .

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Collecting money as a private individual can be a demanding process, especially if the debtor fails to pay voluntarily. However, as a private individual, you have several options for collecting money claims in a legal and effective manner. This article provides you with a practical guide to how to proceed, from dialogue to enforcement, and what rights you have along the way.

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What is a monetary claim?

A monetary claim arises when someone owes you money, either through an agreement, an unpaid invoice or as a result of a loan you have made. The monetary claim can be agreed upon verbally or in writing, but a written agreement makes it easier to prove the claim if disputes arise. Typical situations can be:

• Loans between friends or family
• Lease agreements where the tenant fails to pay
• Unpaid services or sales of goods

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Regardless of the background, it is important that the monetary claim is documented. This can be through agreements, messages or receipts, for example.

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First step: Communication and negotiation

The first thing you should do is contact the debtor to remind them of the claim. Often, a friendly reminder can be enough to resolve the situation. Here's how you can proceed:

1. Send a written reminder : This can be an email, SMS or letter requesting that the amount be paid by a specific deadline. Remember to include the amount, due date and any documentation of the claim.
2. Be factual and professional : Keep your tone professional, even if the situation is frustrating. Good dialogue can prevent unnecessary conflict.
3. Suggest an installment plan : If the debtor has financial problems, an installment plan can be a good option for both parties.

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The debt collection process

If the debtor does not pay despite reminders, you can move on to the next step – collection through debt collection. Here you can choose to handle the process yourself or use a debt collection agency.

1. Debt collection notice: Before you can start a debt collection case, you must send a written notice of debt collection. This is called a debt collection notice and gives the debtor one last chance to pay before further action is taken. The debt collection notice must contain:
   • A payment deadline of at least 14 days
   • Clear message that the case will be sent to debt collection if payment is not made
2. Use of a debt collection agency : If the debtor does not pay after the notice, you can contact a debt collection agency. They will handle the process further for a fee.

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Enforcement via the bailiff

If debt collection is unsuccessful, you can, as a last resort, request enforcement via the bailiff. This means that the bailiff can seize the debtor's assets or income to cover the monetary claim. To start this process, you must have a so-called basis for enforcement , for example:

• A verdict from the Conciliation Council
• A signed debt agreement
• A payment order

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You can send the petition to the bailiff via the police in the debtor's municipality of residence.

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How much does it cost to collect a monetary claim?

The costs of collecting a monetary claim will vary depending on the complexity of the case. For example, the use of a collection agency and enforcement will incur fees. In many cases, these costs can be added to the claim, so that it is the debtor who must pay for these expenses.

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Prevention of monetary claims

To avoid future conflicts, it is a good idea to ensure good documentation when lending money or entering into agreements. Here are some tips:

• Create written agreements : A written contract that details the amount, due date, and any interest, provides a strong evidentiary basis.
• Use Vipps or bank transfer : This gives you a documented payment history that can be used as proof.
• Avoid oral agreements : Although oral agreements are legally binding, they are often more difficult to prove in a dispute.

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Summary

Collecting money claims as a private individual can be a time-consuming process, but by following the right procedure you have a good chance of getting your money back. Always start with dialogue and negotiation, and proceed to debt collection or the bailiff if necessary.

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Remember to document your claim thoroughly and act professionally throughout the process. If you need help, you may want to consult a lawyer or debt collection agency for guidance.

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Important: It is always important to act quickly when a monetary claim arises, to ensure that it does not become time-barred.

Do you have more questions about how to recover a monetary claim ? Please contact one of our lawyers for individual guidance!

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