Legislator Case Law & Legislation
ECLI:NL:RBAMS:2016:9036 ECLI:NL:RBAMS:2016:9036 AI generated

Consumer debt claim dismissed due to two-year statute of limitations despite alleged non-receipt of notices.

Case Number ECLI:NL:RBAMS:2016:9036
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the consumer's defense regarding the statute of limitations, ruling that the two-year limitation period had not expired. The defendant argued he could not defend against a price payment claim because evidence was lost over time, but the court found the limitation period was interrupted by multiple payment reminders sent between 2013 and 2016. Since the defendant did not prove he never received these notices, the court held he bore the risk of his address change and the claim remained valid.

Legislator headnote

AI generated

Articles 3:304 and 3:305 of the Civil Code; A consumer cannot invoke a longer limitation period for a price claim if the claim is based on the same factual grounds as a claim that would have been subject to the standard two-year limitation period, provided the standard period was interrupted by valid reminders.

Keywords

AI generated
statute of limitations consumer protection payment reminder interruption of limitation civil code articles burden of proof consumer debt

Cited Legislation

AI generated
Article 3:304 of the Civil Code
Article 3:305 of the Civil Code
Article 6:96 of the Civil Code
artikel 3:310 lid 1 BW
artikel 7:28 BW
artikel 6:96 lid 6 BW
AI generated

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