How Is the Limitation Period Calculated in Enforcement Proceedings?

Last updated: 28 July 2026

Three limitation periods apply in enforcement proceedings. There is usually a five-year period for claims established by a court judgment or an order for payment, a three-year period for periodic payments (rent, interest, utilities) and a new absolute ten-year period under Art. 112 of the Obligations and Contracts Act, in force since 2 June 2021, which applies only prospectively and will in practice begin to apply in 2031. The limitation period is interrupted by valid enforcement actions (such as garnishment, attachment or scheduling a public sale), but not by formal steps such as an invitation to pay voluntarily or asset searches. It is not applied by the court of its own motion, so the debtor must expressly raise it before the court.

An example. You are a debtor in enforcement proceedings and have heard that the limitation period for periodic payments is three years. You also know that there is a general five-year period and an absolute ten-year period. You have heard of enforcement proceedings being terminated by peremption (lapse for inactivity) but are unsure whether this has any bearing on the limitation period. You wonder whether the three-, five- or ten-year period applies in your case. You want to calculate it yourself but do not know how.

Which Limitation Period Applies?

• Where the claim has been established by a court judgment, the new limitation period is always five years. This means that where the claim has been determined as to its basis and amount by a final judgment or a final order for payment, the general five-year period applies to enforcement proceedings.
• An expired three-year period may be raised on receipt of the order for payment in order for payment proceedings, or in claim proceedings.

The three-year period extinguishes

• claims for remuneration for work, for which no other limitation period is provided;
• claims for compensation and penalties arising from a breach of contract;
• claims for rent, interest and other periodic payments, such as electricity, water and heating bills.
• As regards the ten-year period, this provision of the Obligations and Contracts Act (Art. 112) has been in force since 2 June 2021. According to Constitutional Court Decision No. 4 of 20 April 2021 in Constitutional Case No. 1/2021, it has no retroactive effect and does not apply to claims that fell due before that date. This means you will only be able to rely on the ten-year period from 2031. The absolute ten-year period does not apply to claims arising from the commercial activity of sole traders, tort, unjust enrichment, maintenance, wages, compensation under the Labour Code, claims relating to privatisation transactions and claims relating to property restituted under a statutory instrument.

How Is the Limitation Period Calculated in Enforcement Proceedings?

• Starting point
• The date on which the court judgment or the order for payment became final (for proceedings after 26 June 2015).
• If the enforcement proceedings were opened before 26 June 2015, the limitation period runs from 26 June 2015.
• Interruption of the limitation period
• A new limitation period begins to run from the date of interruption.
• The new period runs from the last valid enforcement action or the last action requested by the creditor (Interpretative Decision No. 2/2013 of the General Assembly of the Civil and Commercial Chambers of the Supreme Court of Cassation).
• Peremption
• It occurs by operation of law where the creditor has not requested any enforcement action for two years (Art. 433(1)(8) of the Civil Procedure Code).
• Where peremption has in fact occurred, subsequent enforcement actions may interrupt the limitation period (Interpretative Decision No. 2/2023 of the General Assembly of the Civil and Commercial Chambers of the Supreme Court of Cassation).

Which Enforcement Actions Interrupt the Limitation Period?

The limitation period is interrupted by

• the imposition of a garnishment or attachment;
• the joinder of a creditor;
• the assignment of a claim for collection or in lieu of payment;
• the inventory and valuation of an item;
• the appointment of a custodian;
• the scheduling and conduct of a public sale, until the proceeds of the sale or payments from third parties are received.

The limitation period is not interrupted by

• the opening of enforcement proceedings;
• the sending and service of an invitation to pay voluntarily;
• searches and enquiries;
• investigation of the debtor's assets;
• obtaining documents;
• distribution;
• payment under a distribution;
• the issue of a certificate.

The State of Emergency and Suspension of the Limitation Period

The limitation period was suspended for 69 days owing to the state of emergency declared on 13 March 2020, until it was lifted. Limitation periods resumed running seven days after the promulgation of the Act amending the Health Act (promulgated on 13 May 2020).

Why Is It Important to Know Whether the Limitation Period Has Expired?

• The bailiff is under no obligation to monitor the limitation period of their own motion.
• If you know whether the period has expired, you can defend yourself against enforcement.
• It will help you take the first steps towards clearing your record in the Central Credit Register.

Basic Rules on Limitation

• A limitation period is a period within which, if the holder of a right does not exercise it, the holder loses the possibility of judicial protection.
• After the limitation period expires, the debtor may refuse to perform.
• An agreement changing the statutory limitation periods, or waiving limitation before the period has expired, is invalid.
• If the debtor pays after the limitation period has expired, they cannot reclaim the amount paid.
• The limitation period may be interrupted, after which a new period begins to run.
• Limitation is not applied by the court of its own motion and must be raised before the court.

If you have pending enforcement proceedings and are unsure whether the claim is time-barred, our dispute resolution and debt collection team can assess your case.