Claims against the government may become time-barred. After the expiry of the period, it is no longer possible to enforce your right. Discover which deadlines apply in Westland.
What does statute of limitations mean?
The statute of limitations means that after a certain period you can no longer legally enforce your right. The government can then invoke the statute of limitations and is not obliged to pay.
Time limits for statute of limitations
| Type of claim | Time limit |
|---|---|
| Damages for unlawful act | 5 years after discovery of the damage |
| Compensation for disadvantage | 5 years after the claim arises |
| Recovery of undue payment | 5 years |
| Absolute limitation period | 20 years after the event causing the damage |
Start of the limitation period
The limitation period begins to run:
- For damages: the day after the moment you are aware of the damage and who is responsible
- For undue payment: the day after the moment you know you have a claim
Interrupting the statute of limitations (stuiting)
You can stop the statute of limitations by:
- Sending a written reminder or interruption letter
- Initiating legal proceedings
- Obtaining acknowledgment of the claim by the government
What after interruption?
If the statute of limitations has been interrupted, a new period begins. Usually this is again 5 years, or the remaining time if shorter.
Frequently asked questions about statute of limitations in Westland
What if my claim has already become time-barred?
Then you can no longer enforce your right through the court. You can still ask the government to pay voluntarily.
How can I stop the statute of limitations?
Send a registered letter in which you clearly state that you are claiming compensation.
Does the statute of limitations apply to administrative law matters?
Objection and appeal periods are fatal deadlines and not limitation periods. After 6 weeks, it is no longer possible to file an objection.
Extra questions about statute of limitations
When does the statute of limitations on my claim start?
It depends on the nature of the claim. For damages, the period starts the day after you know the damage and the responsible government. For undue payment, it starts the day after your discovery of the claim. Keep track of this date carefully, as the period (5 or 20 years for absolute limitation) starts then. If in doubt, contact a lawyer or the Juridisch Loket Westland.
Can the government interrupt the statute of limitations itself?
Yes, if the government acknowledges your claim in writing, the statute of limitations is interrupted and a new 5-year period begins. Negotiations can sometimes also be regarded as acknowledgment. Always ask for written confirmation to avoid ambiguity.
What if I forget to interrupt the statute of limitations?
If you do not interrupt in time, your claim becomes time-barred after 5 years (or 20 years for absolute limitation). You can then no longer take legal action. Voluntary payment by the government remains possible, but is not obligatory. So keep an eye on deadlines and send an interruption letter in time.
Are limitation periods the same for all governments?
In general, the same periods apply to municipalities such as Westland, provinces and the central government. However, specific laws may deviate. Always check the relevant legislation or seek advice from the Juridisch Loket Westland.
How do I draft a good interruption letter?
An interruption letter must be clear and specific. State your details, the nature of the claim, the amount and the reason. Send it by registered mail and keep proof of dispatch. Example: 'Herewith I claim damages for [reason] and interrupt the statute of limitations.' Have a lawyer check the letter for certainty.
What is the difference between statute of limitations and a fatal deadline?
With statute of limitations, after expiry you can no longer enforce your right, but voluntary payment remains possible. A fatal deadline, such as for objections, means that after expiry you can no longer take any action. For example: after 6 weeks you can no longer file an objection against a government decision.
Can I still submit a time-barred claim to the court?
No, a time-barred claim will be rejected by the court. You can ask if the government will pay out of goodwill, but this is not obligatory.