Private debts
November 25, 2009 | 40,00 EUR | answered by Andreas Scholz
I have claimed the statute of limitations for the interest on my debts from 1995.
A lawyer is now writing to me: We inform you that the interest according to § 197 BGB under old law expires after 4 years by 31.12.2001. Since the title is from 1995, the old law applies here.
Other debt collection agencies have only calculated the interest from the last 4 years.
Can you please help me with this!
Thank you.
Dear inquirer,
Interest claims generally expire after three years. The beginning of the limitation period is the end of the year in which the interest claim arose, §§ 195, 199 BGB. Therefore, you do not need to pay interest that arose before January 1, 2006 and for which no measures to interrupt the limitation period were taken.
Interest claims that arose before January 1, 2002 expire under the old law, which is correct and can be found in Art. 229, § 6 para. 1 sentence 2 EGBGB. Therefore, all interest claims that arose before January 1, 2002 have already expired since January 1, 2006.
The date of the title is not relevant.
I hope this information has been helpful to you.
Best regards,
Andreas Scholz, Esq.
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