Can I still enforce an “old” judgment?
You obtain a judgment or ruling ordering your debtor to pay you a sum of money. Your debtor does not pay. What now? In that case, you may proceed with the enforcement of the judicial decision through a bailiff.
However, you cannot wait indefinitely before enforcing that judicial decision. The actio iudicati, in other words the legal action to enforce a judicial decision, is subject to a limitation period of ten years.
What is the actio iudicati?
The actio iudicati is a legal action to enforce a judicial decision.
In practical terms, this means that when you obtain a judgment or ruling in which the judge orders the other party to pay their debt to you following a civil claim, you have the right to have that judgment enforced.
How long do I have this actio iudicati?
The limitation period for the legal action to enforce a judicial decision is ten years and starts running from the date of the judgment.
However, you may interrupt this limitation period, causing it to stop running and start again.
The following acts interrupt the limitation period:
- service of a payment order;
- an executory or conservatory seizure;
- acknowledgment by the convicted party of the claim that is the subject of the limitation period;
- waiver by the convicted party of the limitation period already acquired.
Do I only need to take this 10-year limitation period into account?
In addition to the limitation period of the actio iudicati, you must also take into account the limitation period of the underlying claim on which the judge based the conviction.
The following example may clarify this:
Suppose that on January 1, 2020, you obtain a judicial decision in which your former partner, as the parent of your child, is ordered to pay child support.
In that case, you must take 2 limitation periods into account:
- the 5-year limitation period for the recovery of child support;
- the 10-year limitation period for the enforcement of the judgment (actio iudicati).
In practical terms, this means that you can enforce the judgment up to and including 31.12.2029 and thus compel payment. If you interrupt this limitation period in time, a new 10-year period begins, allowing you to rely on the judgment again for a further 10 years.
Please note, however, that due to the 5-year limitation period for the recovery of child support, on 31.12.2029 you may only recover the child support that became due during the last 5 years. Older arrears can no longer be recovered because they are time-barred.
Not sure about the limitation period?
Contact one of our Wanted Lawyers.