What interrupts the limitation period for a debt?

In Catalonia it is interrupted by a claim filed in court, the start of arbitration, the debtor's acknowledgement of the debt and a claim made out of court, for example by “burofax” (a certified letter with proof of content). Each time it is interrupted, the time limit starts again in full, with no limit on the number of times. The claim must reach the debtor before the time limit expires and you must be able to prove that it did. If you propose mediation, the prudent course is to claim the debt in the same letter, because it is not clear whether in Catalonia requesting mediation interrupts the time limit or merely halts it while the mediation lasts. Under the Spanish Civil Code (“Código civil”), which applies in most of the rest of Spain, it is interrupted by a claim in court, a claim made out of court and acknowledgement of the debt.

José Manuel Alburquerque

Alburquerque Abogados

Property and contract law

The grounds for interruption

The “Código Civil de Cataluña”, the Catalan Civil Code, lists four:

  • A claim in court. It counts even if the judge rejects it for a procedural defect, that is, one of form, without examining whether the debt exists.
  • The start of arbitration over the debt, if the parties had agreed to it.
  • An out-of-court claim, which is one made directly to the debtor, without going to court. It must be made by the creditor or by someone with a legitimate interest and it must reach the debtor before the time limit expires.
  • The debtor's acknowledgement of the debt or their waiver of limitation. A debtor acknowledges the debt by admitting it in writing, but also by asking for more time to pay, paying part of it or paying the interest.

Since 2025, before bringing a claim you must generally try to reach an agreement, for example with a written invitation to negotiate. If that invitation also demands payment of the debt, it counts as an out-of-court claim as well. If there is later a court case, the creditor must raise the interruption and prove it, because the judge does not take it into account unless it is raised. In most of the rest of Spain, the Spanish Civil Code provides for a claim in court, an out-of-court claim by the creditor and any act by which the debtor acknowledges the debt.

What effect it has

Each interruption makes the time limit start again in full, whether it is ten years or three, as with periodic payments. It does not matter how many times it has been interrupted before. The new period starts to run at a different point depending on the ground:

  • With an out-of-court claim and an acknowledgement, from when they take effect, normally when they reach the other party.
  • With a court claim, from when the decision ending the proceedings becomes final, that is, from when it can no longer be appealed.
  • With arbitration, from the award, which is the arbitrator's decision, or from when the proceedings end in some other way.

With mediation there is some doubt. The Catalan code says that requesting it suspends the time limit, that is, halts it while the mediation lasts without sending it back to the beginning. The Spanish national mediation act, by contrast, has stated since 2025 that it interrupts it. So, if you propose mediation, the prudent course is to claim the debt in writing as well, because such a claim interrupts the time limit beyond dispute.

How to do it properly

To ensure that the interruption is not disputed later:

  • Claim in writing and by a means that records the date, the content and the fact that the debtor received it, such as a burofax with certified content and acknowledgement of receipt. An email or a WhatsApp message may be enough if it can be proved that it arrived.
  • Do not rely on a phone call or a conversation, because they are very hard to prove afterwards.
  • Do it before the time limit expires. A claim made when the debt is already time-barred does not make it enforceable again.
  • If there are several debtors, claim against all of them. Claiming against just one may not interrupt the time limit against the others.
  • If you are not going to sue straight away, repeat the claim before the time limit runs out again.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.