Claims against the government can become time-barred. After the time limit has expired, you can no longer enforce your rights judicially. Discover which time limits apply in Leiden.
What does prescription mean?
Prescription means that after a certain period, you can no longer claim your right. The government can invoke prescription, thereby not being obliged to pay.
Time limits for prescription
| Type of claim | Prescription period |
|---|---|
| Damages for tort | 5 years after becoming aware of the damage |
| Compensation for disadvantage | 5 years after the claim arises |
| Recovery of undue payment | 5 years |
| Absolute prescription period | 20 years after the event causing the damage |
Start of the prescription period
The prescription period begins to run:
- For damages: the day after the moment you are aware of the damage and the responsible party
- For undue payment: the day after the moment you know you have a claim
Interrupting prescription (tolling)
You can stop prescription by:
- Sending a written demand letter or tolling letter
- Initiating legal proceedings
- Acknowledgment of the claim by the government
What happens after tolling?
After tolling the prescription, a new period begins, often again 5 years, unless the original period was shorter.
Frequently asked questions about prescription in Leiden
What if my claim is already time-barred?
In that case, you can no longer enforce your right through the court. You can still ask the government to make a voluntary payment.
How can I toll prescription?
Send a registered letter in which you clearly state that you are claiming compensation or payment.
Does prescription apply to administrative law matters?
No, objection and appeal deadlines are fatal deadlines, not prescription. After 6 weeks, filing an objection is often no longer possible.
Additional information and help in Leiden
Do you have questions about prescription or need legal assistance? Visit the Juridisch Loket Leiden at Stationsweg 46 for free advice. For court cases, you can go to the District Court of The Hague, Leiden location.
Practical questions about prescription
When does the prescription of my claim start?
This depends on the nature of the claim. For damages, the period starts the day after becoming aware of both the damage and the responsible government. For undue payment, the period starts the day after becoming aware of your right to recovery. Keep track of these dates carefully, as the period is usually 5 years (or 20 years for absolute prescription). If in doubt, consult a lawyer.
Can the government interrupt prescription itself?
Yes, if the government acknowledges your claim in writing, prescription is tolled and a new 5-year period begins. Negotiations can also be regarded as acknowledgment. Always ask for written confirmation to avoid ambiguity.
What if I forget to toll prescription?
If the period expires without tolling, you can no longer enforce your claim through the court. You can still submit a request to the government for voluntary payment, but they are not obliged to do so. Therefore, keep track of the deadlines carefully.