Interruption of limitation (afbrydelse af forældelse)
Also known as interrupting limitation, tolling, suspension, restarting the limitation period, afbryde forældelse, fristafbrydelse
Interrupting the limitation period resets the clock — it happens when the debtor acknowledges the debt, or when legal steps are taken.
Key facts
- Happens through
- Acknowledgement or legal action
- Effect
- A new period runs from scratch
In practice
This is where most creditors lose money without knowing it. A reminder does not interrupt limitation. You can chase a debtor for three years and still lose the claim.
What does interrupt it is:
- that the debtor acknowledges the debt — in writing, for example in a voluntary settlement (frivilligt forlig) or an instalment agreement
- that legal steps are taken — for example, filing a payment order (betalingspåkrav)
When the period is interrupted, a new period runs from scratch. That is why a voluntary settlement does two things at once: it gives you an enforceable instrument, and it resets the clock.
Where it commonly goes wrong
- Assuming that contact with the debtor is enough. It is not. It takes an acknowledgement or a legal step.
- Letting old cases sit. A portfolio of claims that are 2½ years old is a portfolio that is about to disappear.