Creditor debt is part of the business operations of most companies. Deliveries, services, loans, rent—all these relationships involve obligations that ideally should be fulfilled on time. However, in practice, situations often arise when debts are not repaid on time, and the creditor does not take active measures to collect them. A natural question arises: ‘Can such a debt be considered ‘overdue’ and not repaid?’
The answer to this question is related to the concept of the statute of limitations—a period established by law during which the creditor has the right to go to court to protect their interests. After this period expires, the debtor gains the legal opportunity to refuse satisfaction of the claim if the creditor has missed the statute of limitations.
Nevertheless, applying the statute of limitations is not as simple a procedure as it may seem. It is important to consider: when exactly the period begins to run, in which cases the statute of limitations is interrupted or restored, and what debtor actions can affect the calculation of this period.
In this article, specialists from Amby Legal explain in which cases the expiration of the statute of limitations allows the debt not to be repaid, how to correctly determine the start of the statute of limitations, and what nuances are important to consider if the dispute goes to court.
What is the statute of limitations and why is it needed
The statute of limitations is a period established by law during which the creditor has the right to go to court with a claim to recover the debt. After this period expires, the debtor has the right to object to the claim by citing the statute of limitations and thus can avoid recovery.
The main purpose of the statute of limitations is to ensure stability in civil turnover and protect participants from endless claims on old obligations. The state proceeds from the fact that an active creditor should timely protect their interests, and the debtor is not obligated to bear responsibility forever for forgotten debts.
It is important to distinguish between the term for fulfilling an obligation and the statute of limitations. The first determines when exactly the debtor must fulfill the obligation (for example, pay for the delivery or return a loan). The second establishes how much time the creditor has to go to court if the obligation is violated. That is, the statute of limitations begins to run after the date when the debt was supposed to be repaid.
Thus, the statute of limitations is not a tool for “writing off” debts, but a mechanism of legal certainty that balances the interests of the creditor and debtor, encouraging the parties to resolve financial disputes promptly.
General statute of limitations and its calculation
In most cases, the statute of limitations for civil obligations is three years. This period is counted from the moment the creditor learned or should have learned about the violation of their right and the person who violated it. For example, if the counterparty was supposed to pay for a delivery by September 1, 2025, but did not, the statute of limitations will begin to run from September 2, 2025.
It is important to understand that in some situations the period may start later. For example, if the creditor did not know about the violation (for example, the debtor provided false information about the payment), then the period starts from the moment the creditor became aware of the violation.
Interruption of the statute of limitations
Interruption means that the period starts anew. This happens if the debtor acknowledged the debt (for example, signed a reconciliation statement, partially paid the debt, sent a letter indicating readiness to repay the obligation) or if the creditor went to court with a claim. After the interruption, the three-year period starts from the beginning, regardless of how much time passed earlier.
Suspension of the statute of limitations
Suspension is a temporary “pause” during the period when the creditor objectively could not go to court. For example, in the event of force majeure, martial law, suspension of the law governing the disputed relationship, or if the parties are engaged in pre-trial settlement as provided for by law (e.g., using the claim procedure). After the obstacles are removed, the time period resumes, and the remaining time is taken into account when calculating the deadline.
Thus, the correct determination of the moment of the start, suspension, or interruption of the limitation period is important. Errors in calculations can lead to the court refusing to collect the debt even if all evidence of its existence is available.
When the limitation period for creditor debt has expired
The expiration of the limitation period does not mean that the debt “disappears” or is automatically written off. The obligation continues to exist, but the creditor loses the right to judicial protection provided that the debtor exercises their right and claims the expiry of the limitation period.
Signs and consequences of the expiration of the limitation period
If more than three years (or another specific limitation period) have passed since the creditor learned about the breach of obligation, and during this time there have been no acknowledgments of the debt, no attempts to collect it, or appeals to the court, the limitation period is considered expired.
The main consequence: the court will refuse to collect the debt if the debtor timely claims the application of the limitation period. At the same time, the debt remains a moral or accounting obligation—the creditor may try to agree on voluntary repayment but has no legal leverage.
How the debtor can claim the application of the limitation period
The application of the limitation period does not occur automatically. The court considers it only upon the debtor’s request. Such a claim can be made either in written objections to the claim or orally in a court session.
If the debtor does not do this, the court has the right to consider the case on the merits and satisfy the creditor’s claims even though the limitation period has actually passed. Therefore, it is important not to miss this moment and to properly file objections.
Is it possible to collect a debt after the limitation period expires
After the limitation period expires, the creditor can still file a claim, but the chances of its satisfaction are minimal. The claim will be dismissed if the debtor claims the expiration of the limitation period. However, if the debtor voluntarily repays the debt, they will not be able to get that money back—the fulfillment of the obligation is considered lawful, even after the limitation period.
Thus, the expiration of the limitation period becomes a real opportunity for the debtor not to repay the debt legally, provided that they know their rights and use them in time.
Actions that interrupt the limitation period
Even if a long time has passed since the debt arose, the limitation period can begin to run again. This happens when the debtor’s actions effectively acknowledge the existence of the debt or behave in a way that confirms their willingness to repay it. Therefore, it is important to understand which actions are considered acknowledgment of the debt and what they lead to.
Acknowledgment of debt: letters, partial payments, reconciliation statements
The most obvious way to interrupt the limitation period is official or actual acknowledgment of the debt. This can be expressed in:
- signing a reconciliation statement of mutual settlements, where both parties confirm the debt amount.
- Partial payment of the debt. Even a small amount toward the debt testifies to its acknowledgment.
- Sending a letter or electronic message in which the debtor acknowledges the debt or requests a deferral.
After any such action, the limitation period begins anew from the date of acknowledgment of the debt. For example, if the debt arose three years ago but the debtor made a partial payment after two years and nine months, a new three-year period will start from the moment of that payment.
Negotiations and correspondence with the creditor—how they affect the period
Not all correspondence signifies acknowledgment of the debt. If the debtor simply clarifies the amount of the debt, if documents are requested or settlement terms are discussed, the statute of limitations is not interrupted.
However, if letters, messages, or e-mail correspondence directly indicate a willingness to pay or include agreement with the debt amount, this is usually considered acknowledgment of the debt. The court evaluates such evidence collectively—especially if accompanied by other actions, such as payments or signing of acts.
Debtors’ mistakes that restart the limitation period
Sometimes debtors unintentionally extend the period by performing actions that look like acknowledgment of the debt. Common mistakes include:
- sending a formal letter promising ‘to pay when possible’.
- Signing documents without reservations that reflect the debt (e.g., reconciliation acts, acceptance-transfer acts).
- Partial payment of interest or fines.
Each of these actions may become grounds for resetting the elapsed statute of limitations and restoring the creditor’s ability to collect the debt.
Thus, if a debtor plans to use the expiration of the statute of limitations as a defense, it is important to avoid any actions that could be interpreted as acknowledgment of the debt and, if necessary, consult a lawyer to prevent unintentional extension of the period.
Features of applying the statute of limitations in judicial practice
In practice, the statute of limitations for creditor debt often becomes a key argument in disputes between creditors and debtors. However, its application in court is not automatic—it is important not only to prove the expiration of the period but also to claim it correctly. The court considers many nuances, including the nature of the parties’ relationship, presence of correspondence, payments, and other circumstances that could affect the running of the period.
How the court evaluates evidence regarding debt limitation
The court first establishes when the creditor knew or should have known about the violation of their right. The limitation period starts from this date. If the creditor files a lawsuit after the established period, the court checks whether there were circumstances that suspend or interrupt the period—such as acknowledgment of the debt, correspondence, or partial payment.
Key importance is given to documents and other evidence:
- contracts, work completion acts, invoices, and waybills.
- Reconciliation acts, letters, and correspondence between the parties.
- Payment documents.
The court evaluates them collectively, determining whether there was actual acknowledgment of the debt. A debtor’s simple statement of ‘I don’t remember’ or ‘I don’t acknowledge’ is usually insufficient if documents indicate otherwise.
In which cases the court may refuse to apply the statute of limitations
Even if the statute of limitations has formally expired, the court does not apply it on its own initiative. The debtor must claim this independently—in a response to the lawsuit, during the case hearing, or in court sessions. If this is not done, the court will consider the dispute on the merits and may satisfy the creditor’s claim.
Additionally, the court may refuse to apply the limitation if it determines that the creditor could not timely approach the court for objective reasons (for example, due to force majeure or imposed restrictions). However, such cases are rare and require convincing evidence.
Examples from judicial practice
In Belarusian judicial practice, there are cases where companies or individual entrepreneurs unintentionally interrupted the statute of limitations by signing reconciliation acts or making partial payments. As a result, courts recognized that the period started running anew and satisfied creditors’ claims.
In other cases, courts sided with debtors if the creditor failed to prove the acknowledgment of the debt. For example, formal correspondence reminding about the debt was not considered acknowledgment, and the court denied recovery.
Thus, applying the statute of limitations is not a formal but an evaluative procedure where evidence and the parties’ positions are decisive.To protect your interests, it is important to properly document the circumstances of the case and timely assert the statute of limitations—before the court issues a decision. For this, we recommend consulting our experienced lawyers.
How to use the statute of limitations to protect your interests
Knowing the rules for calculating the statute of limitations is not just a legal formality but an effective tool for protecting business and personal interests. In many cases, the very reference to the expiration of the limitation period allows you to avoid court enforcement and maintain the financial stability of a company or individual.
When it is appropriate to invoke the expiration of the limitation period
Invoking the statute of limitations is justified if:
- the time established by law has passed since the creditor could have filed a claim.
- The debtor did not take actions that interrupt the limitation period (did not acknowledge the debt, did not negotiate, did not make payments).
- The creditor went to court a significant time after the debt arose.
This position is especially effective in cases where the debt is indeed ‘old’, and documents or evidence from the creditor are lost or lack the necessary proof. It is important to remember that the court applies the statute of limitations only upon the debtor’s request, so silence during the proceedings may result in losing the case.
How to properly prepare your position in a dispute
When preparing for court, the lawyer analyzes:
- The contract date and its execution term.
- The date the debt arose.
- Documents and correspondence between the parties.
- Possible actions that could have interrupted the limitation period.
After this, a defense position is drafted in which the debtor reasonably points to the expiration of the statute of limitations. This argument is included in the response to the claim or stated verbally during the hearing. To increase the effectiveness of the defense, copies of documents confirming dates and circumstances that exclude acknowledgement of the debt should be attached.
The lawyer’s role in analyzing timeframes and preparing evidence
Correctly determining the start, suspension, and end of the statute of limitations requires a deep understanding of legal practice. An error of even a few days can lead to the court recognizing the period as not expired.
The lawyer helps to:
- analyze obligations and deadlines under each contract.
- Determine whether there were actions interrupting the limitation period.
- Prepare evidence and a legal position for court.
- Conduct negotiations with the creditor and achieve an out-of-court resolution of the dispute.
Thus, competent use of the statute of limitations allows not only to avoid court enforcement but also to build a defense strategy based on the law and legal practice. With the participation of an experienced lawyer, risks can be minimized, and the most favorable outcome for the client can be achieved.
Conclusion
The statute of limitations is an important legal mechanism that protects participants in civil transactions from unreasonable claims made years later. Understanding its rules, terms, and consequences enables debtors to competently defend their interests and creditors to timely take measures to collect debts. However, in practice, correctly determining the start of the period, its interruption, or suspension often causes difficulties, especially when there is correspondence, partial payments, or additional agreements.
Amby Legal lawyers provide comprehensive support on issues related to the application of the statute of limitations:
- analyze contractual relations and deadlines for fulfilling obligations.
- consult on interruption, suspension, and renewal of the limitation period.
- prepare the legal position and evidence base for court.
- accompany the client’s defense process at all stages of proceedings.
Our team will help determine when the statute of limitations can be an effective tool to protect against debt collection and ensure the correct application of this rule in the interests of your business or personal legal security.
Contact us
If you have any questions related to the statute of limitations on creditor debt in Belarus, we will be happy to help! Our long-term experience will help you choose a lawyer to represent your interests.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
