Claims against the government may become time-barred. After the statute of limitations has run, it is no longer possible to enforce your right. Discover which periods apply in Zoetermeer.
What does the statute of limitations entail?
The statute of limitations means that after a certain period, you can no longer claim your right. The government can then invoke the statute of limitations and is no longer obliged to pay.
Periods for the statute of limitations
| Type of claim | Statute of limitations period |
|---|---|
| Damages for tort | 5 years after becoming aware of the damage |
| Compensation for loss | 5 years after the claim arises |
| Recovery of undue payment | 5 years |
| Absolute statute of limitations | 20 years after the event causing the damage |
Start of the statute of limitations period
The period for the statute of limitations begins to run:
- For damages: the day after becoming aware of the damage and the responsible party
- For undue payment: the day after becoming aware of the possibility of recovery
Interrupting the statute of limitations (tolling)
You can stop the statute of limitations by:
- Sending a written demand letter or tolling letter
- Initiating legal proceedings
- Obtaining acknowledgment of the claim by the government
What happens after tolling?
After tolling the statute of limitations, a new period begins, usually again 5 years, or the remaining time if shorter.
Frequently asked questions about the statute of limitations in Zoetermeer
What if my claim is already time-barred?
Then you can no longer enforce your right through the court. You can still ask the government to pay ex gratia.
How can I toll the statute of limitations?
Send a registered letter in which you clearly state that you are claiming compensation or repayment.
Does the statute of limitations apply to administrative law matters?
No, objection and appeal periods are peremptory deadlines. After 6 weeks, you can no longer file an objection.
Practical questions about the statute of limitations
When does the statute of limitations on my claim start?
The start date depends on the type of claim. For damages, the period begins the day after becoming aware of the damage and the responsible government. For undue payment, it starts the day after becoming aware of the claim. Keep track of these dates carefully, as the period is usually 5 years (or 20 years for absolute statute of limitations). If in doubt, contact the Juridisch Loket Zoetermeer.
Can the government itself toll the statute of limitations?
Yes, if the government acknowledges your claim in writing, this tolls the statute of limitations 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 toll in time, your claim becomes time-barred after 5 years (or 20 years for absolute statute of limitations). You can then no longer enforce your right through the court. Voluntary payment by the government remains possible but is not obligatory. Therefore, keep track of the periods carefully.
Do the same periods apply to all governments?
Usually yes, whether it concerns the municipality of Zoetermeer, the province, or the State. There may be exceptions under specific laws. Check this or seek advice from a lawyer.
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: 'Hereby I claim compensation for [reason] and toll the statute of limitations.' For help, go to the Juridisch Loket Zoetermeer.
What is the difference between statute of limitations and peremptory deadlines?
The statute of limitations means that after a period, your right is no longer enforceable, but voluntary payment is still possible. A peremptory deadline, such as for objections, means that after the deadline, you have no rights at all. For example: after 6 weeks, no objection possible against a government decision.
Can I still submit a time-barred claim to the court?
No, a time-barred claim will be dismissed by the court. You can still ask the government, such as the municipality of Zoetermeer, for voluntary payment, but this is not obligatory. For cases at the District Court of The Hague, you can request more information.