The Limitation Act (forældelsesloven)
Also known as limitation act, danish limitation act, act on the limitation of claims, forældelsesloven, lov om forældelse af fordringer
Forældelsesloven (the Danish Limitation Act) lays down how long a claim can be pursued — as a general rule three years, ten years with a judgment or promissory note.
Key facts
- General rule
- 3 years
- With a judgment
- 10 years
In practice
Forældelsesloven is the statute that most often costs creditors money without anyone noticing. There is no warning — the claim is there, and one day it is gone.
The two numbers that have to stick: three years for an ordinary claim, ten years once the claim has been established by judgment, court settlement or promissory note. That is the entire argument for securing an enforceable instrument on a claim, even when the debtor cannot pay right now.
Where it commonly goes wrong
- The period is counted from the invoice date. It is counted from the due date.
- You assume reminders interrupt the period. They do not. That takes an acknowledgment from the debtor or a legal step.
- The period is interrupted and nobody records how. An interruption you cannot document did not happen.