AK service tip

When do outstanding monetary claims become time-barred?

Michael Knizacek from AK Styria(Bild: Krone KREATIV/Stock Adobe, AK Stmk)

Michael Knizacek, consumer protection expert at the Styrian Chamber of Labor, knows that the statute of limitations plays an important role in the case of outstanding monetary claims. 

Under Austrian civil law, outstanding monetary claims are generally subject to a limitation period. When this expires, the right to assert a claim also expires. In addition to special cases, a distinction is generally made between the long limitation period of 30 years and the short limitation period of three years.

The short limitation period is of particular practical importance in everyday life. This includes, for example, unpaid invoices from purchase and work contracts, fee notes from law firms and surgeries or claims from rental agreements.

The due date is decisive
In addition to the date on which the claim arises, the due date is also decisive for the start of the time limit, which is generally subject to agreement. The exact assessment must therefore always be based on the individual case. If a claim is settled despite the fact that it is time-barred, there is generally no claim for repayment.

It is possible that even time-barred claims may be sued for, as the court does not check the limitation period on its own initiative. For this reason, it is important that consumers object to this during the proceedings.