Claims against the government may become time-barred. After the period expires, you can no longer enforce your right. Discover which rules and periods apply in Rijswijk.
What does statute of limitations mean?
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 no longer obliged to pay.
Periods for statute of limitations
| Type of claim | Statute of limitations period |
|---|---|
| Damages due to tort | 5 years from awareness of the damage |
| Compensation for disadvantage | 5 years from the arising of the claim |
| Recovery of undue payment | 5 years |
| Absolute statute of limitations period | 20 years from the damage-causing event |
Start of the statute of limitations period
The period for statute of limitations begins to run on:
- Damages: the day after awareness of both the damage and the responsible party
- Undue payment: the day after awareness of the possibility of recovery
Interrupting (tolling) the statute of limitations
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?
If the statute of limitations is tolled, a new period starts. This is generally again 5 years, or shorter if the original period was nearly expired.
Frequently asked questions about statute of limitations in Rijswijk
What if my claim is already time-barred?
Then you can no longer enforce the claim through the court. You can still submit a request to the government for voluntary payment.
How can I toll the statute of limitations?
Send a registered letter in which you explicitly claim your right, such as damages.
Do statute of limitations periods apply to administrative law matters?
No, objection and appeal periods are peremptory deadlines. After 6 weeks, filing an objection is no longer possible.
Extra questions about statute of limitations
When does the statute of limitations period for my claim start?
The start date depends on the type of claim. For damages, the period begins the day after awareness of the damage and the liable government. For undue payment, it starts the day after awareness of the recovery possibility. Keep track of this date carefully, as the period (5 or 20 years for absolute limitation) runs from that moment. If in doubt, contact the Juridisch Loket Rijswijk for advice.
Can the government itself toll the statute of limitations?
Yes, if the government acknowledges your claim in writing, the statute of limitations is tolled and a new 5-year period begins. Negotiations may also be regarded as acknowledgment. Always request written confirmation to avoid ambiguity.
What if I forget to toll the statute of limitations?
If you do not interrupt the period in time, your claim becomes time-barred after 5 years (or 20 years for absolute limitation). You can then no longer enforce your right through the court, but voluntary payment by the government remains possible. Keep track of deadlines sharply and send a tolling letter in time.
Do the same periods apply to all governments in Rijswijk?
In general, the periods are the same for all government bodies, such as municipalities and the State. Specific laws may deviate, however. Check the rules or seek advice from the Juridisch Loket Rijswijk or the District Court of The Hague.
How do I draft a good tolling letter?
A tolling letter must be clear. State your details, the claim, the amount, and the reason. Send it by registered mail and keep the proof. Example sentence: 'Herewith I claim damages for [reason] and toll the statute of limitations.' A lawyer can help make the letter legally strong.
What is the difference between statute of limitations and peremptory deadlines?
Statute of limitations means that after a certain time you can no longer enforce your right, but voluntary payment remains possible. A peremptory deadline, such as for objections, excludes every possibility after expiration (for example, 6 weeks for objection to a government decision).
Can I still submit a time-barred claim to the court?
No, a time-barred claim will be rejected by the court. You can submit a request for voluntary payment to the government, but they are not obliged to do so.