You have obtained a court ruling in your favour, but your opponent is not complying spontaneously. Or on the other hand, you have been convicted and you are wondering how long this sword of Damocles will hang over your head. A sentence is not eternal. There is a specific time limit for enforcing it: this is the statute of limitations. This legal concept is essential because it determines the lifespan of the right to sue to enforce a decision. Understanding how it works, its starting point and the events that can affect it is fundamental information for both the creditor who wishes to recover what is owed and the debtor who hopes to see his debt extinguished over time.
The principle: a ten-year limitation period for enforcing a judgment
Once a court judgment is no longer subject to an appeal suspending enforcement, it becomes an enforceable title. This means that it can be enforced. However, this right to enforcement is limited in time. To find out how long this right is valid, refer to the Code of Civil Enforcement Procedures. Article L. 111-4 of this code, amended by the law of 17 June 2008 reforming the statute of limitations in civil matters, establishes a clear principle:
"The enforcement of the enforceable titles mentioned in 1° to 3° of article L. 111-3 may only be pursued for ten years, unless the actions for recovery of the debts set out therein are time-barred for a longer period.
In practical terms, this rule of civil law means that a creditor who has a judgment against him has a period of ten years in which to force his debtor to pay. During this decade, the creditor can instruct a commissioner of justice (formerly a bailiff) to initiate enforcement measures, such as seizure of bank accounts, seizure of a vehicle or any other seizure procedure deemed appropriate to recover the money owed to him. Once this period has elapsed, the right to pursue enforcement of the judgment is time-barred: the writ of execution loses its force and the creditor, at the end of this long process, can no longer obtain compulsory payment of his debt.
The starting point of the time limit: a key moment
The calculation of the limitation period cannot start blindly. The start of the limitation period is a precise and essential legal moment. The ten-year period only starts to run from the time the judgment is served. Service is the act whereby a court commissioner, through his service department, officially brings the decision to the attention of the debtor. This act is fundamental, as it guarantees that the convicted party has been fully informed of the judgment against him. The limitation period therefore begins to run on the day following the date of this document. It is therefore set with great precision.
For example, a court judgment is handed down on 10 January 2024 ordering a company to pay 15,000 euros in damages. The judgment is served on the company on 20 February 2024. The creditor has ten years in which to take enforcement action, starting on 21 February 2024 and ending, in the absence of any particular event, on the evening of 21 February 2034. The last day of the period is therefore a point to keep an eye on.
The exception to the ten-year time limit
Article L. 111-4 of the Code of Civil Enforcement Procedures provides a notable exception to the ten-year time limit. It states that this period does not apply if "actions for recovery of debts established therein are subject to a longer limitation period". Under French law, certain specific actions are subject to longer limitation periods than the ordinary five-year period. For example, a civil liability action for compensation for personal injury is time-barred after ten years. An action in property law, such as an action for annulment of a sale due to a defect affecting land or a building, may also have specific limitation periods. In such a situation, if the judgment establishes a claim for which the initial action for recovery was subject to a limitation period of more than ten years (twenty or thirty years for certain actions in rem in immovable property, for example), the period for enforcing the judgment will be aligned with this longer period. This provision is intended to maintain consistency between the nature of the claim and the duration of its right to enforcement.
Interruption of the statute of limitations: a mechanism that resets the counter to zero
The calculation of the limitation period is not a simple linear calculation over ten years. Several events can disrupt this calculation, the first of which is the interruption of the limitation period. The effect of interruption is radical: it wipes out the time that has elapsed and starts a new period of the same duration, i.e. ten years, from the date of the interruptive act. A debtor who thinks his debt has been extinguished simply by the passage of time must therefore be vigilant.
Acts interrupting the statute of limitations
Articles 2240 et seq. of the Civil Code define the causes of interruption. When it comes to enforcing a judgment, there are two main categories of acts that have this effect.
Firstly, any compulsory or protective measure taken by the creditor interrupts the limitation period. Examples of such measures include :
- A summons to pay for the purposes of seizure and sale;
- A writ of attachment against a bank account ;
- Seizure of real estate belonging to the debtor;
- Seizure of earnings.
Simply intending to sue is not enough; you need a concrete act carried out by a judicial commissioner. A simple letter of formal notice, even if sent by recorded delivery, has no effect on interrupting the statute of limitations on enforcement. This amicable complaint is not enough. On the other hand, a legal claim, such as an action to obtain the liquidation of a penalty payment, is also a major interruptive act, in accordance with article 2241 of the Civil Code.
Secondly, the debtor's acknowledgement of his debt also interrupts the time limit. The most common case is payment, even partial payment, which gradually extinguishes the debt. Each payment made by the debtor is equivalent to an acknowledgement of the debt, and the limitation period begins to run again for ten years from the date of the last payment. A request by the debtor for a deferment of payment has the same effect.
The consequences of interruption: a new ten-year period
The main effect of interruption, as set out in article 2231 of the Civil Code, is to start a new limitation period for the same duration as the initial one, i.e. ten years. Particular care must therefore be taken to retrace the entire history of the case to determine whether the limitation period has expired.
To illustrate this point, let's return to our example. The creditor, tired of waiting for payment, appoints a court commissioner who issues a summons to pay to the debtor company on 15 July 2026. This act of enforcement interrupts the limitation period. A new ten-year period begins to run on 16 July 2026, thereby postponing the end of the limitation period until 16 July 2036. If, following this summons, the company makes a partial payment on 1 September 2026, this payment again interrupts the limitation period. A new ten-year period will start running again from that date, until 1 September 2036. As can be seen, the period for enforcing a judgment can, in practice, extend well beyond ten years.
Suspension of the statute of limitations: a simple pause in the countdown
Interruption should not be confused with suspension of the limitation period. While interruption wipes out the period that has elapsed and starts the clock back at zero, suspension merely pauses the clock. Article 2230 of the Civil Code makes this clear: "The suspension of the limitation period temporarily halts its running without wiping out the period that has already accrued. Once the event that caused the suspension disappears, the period starts running again where it left off. For example, if a six-month suspension occurs, the expiry date of the limitation period will simply be postponed by six months.
Article 2238 of the Civil Code provides that the limitation period is suspended when the parties agree to have recourse to mediation or conciliation. This suspension runs from the day on which the parties agree in writing to have recourse to mediation or conciliation or, failing that, from the first mediation or conciliation meeting. The period starts running again on the date on which one or both of the parties, or the mediator or conciliator, declares that the mediation or conciliation has ended, for a period of not less than six months. The aim of this measure is to encourage amicable dispute resolution without penalising the creditor.
The case of old judgments: the transitional law of the 2008 reform
Law no. 2008-561 of 17 June 2008 reduced the limitation period for the enforcement of judgments from thirty to ten years. This reform of the limitation period raised the question of its application over time to judgments handed down before its entry into force on 19 June 2008. To manage the transition, the law introduced a specific legal regime.
Article 26 of this law stipulates that the new provisions apply to statutes of limitation in force from 19 June 2008, without the total duration of the statute of limitations exceeding the duration provided for by the previous law, i.e. thirty years. A calculation must therefore be made for each situation. The starting point for the new ten-year period is the date on which the law came into force, i.e. 19 June 2008.
Let's take a numerical example. A conviction was handed down on 1 March 1999 and served on 5 April 1999. Under previous law, the limitation period was thirty years and was therefore due to expire on 5 April 2029. With the reform, the new ten-year period applies from 19 June 2008. The limitation period for enforcement of this judgment therefore expired on 19 June 2018. The total period (from 5 April 1999 to 19 June 2018) is approximately 19 years, much less than the original thirty years. This example illustrates the direct effect of the law on long-standing legal situations.
Prescription of performance and other types of prescription: avoiding confusion
In law, the term "prescription" covers a number of different realities that it is essential to distinguish in order to avoid analytical errors, particularly when faced with a claim for payment that appears to be old.
Limitation of action and limitation of enforcement
The most important distinction is between prescription of action and prescription of execution. Limitation of action is the period of time, set by law (generally five years under article 2224 of the Civil Code), that a person has to take legal action to have his or her right recognised (for example, to claim an unpaid bill). If the action is brought in time and a judgment is obtained, this judgment constitutes a new title. A new time limit then begins to run, that of the limitation period for enforcement, which is ten years. This means that a debt that would have been time-barred in five years if no action had been taken can ultimately be recovered over a further ten years once a judgment has been obtained.
Extinctive and acquisitive prescription
A distinction must also be made between extinctive prescription and acquisitive prescription. Extinctive prescription, which is the subject of this article, is a method of extinguishing a right by the effect of inaction on the part of its holder for a certain period of time. This is what happens to the right to enforce a judgment. Conversely, acquisitive prescription (or usucapion) is a means of acquiring a real right, typically ownership of land or an immovable, through prolonged, peaceful and unequivocal possession. The passage of time transforms the possessor into the owner. Although both mechanisms are based on the passage of time, their purpose is opposite: one extinguishes a right, the other creates one. This duality is reflected in many legal systems, including in Quebec, where the Civil Code of Quebec also deals with these two facets of the passage of time.
The statute of limitations in civil and criminal matters
Finally, prescription of execution in civil matters should not be confused with prescription of public action in criminal matters. The public prosecution statute of limitations is the period after which the perpetrator of an offence (felony, misdemeanour or other criminal act) can no longer be prosecuted by society. The criminal statute of limitations is the period after which a criminal conviction can no longer be enforced. These mechanisms come under criminal law and are completely distinct from the ten-year statute of limitations that applies to the enforcement of a civil, commercial or even administrative law decision (for an order to pay a sum of money).
How do you deal with a prescription issue?
Whether you are a creditor or a debtor, the question of the limitation period for enforcing a judgment is a strategic one. The financial stakes are often high and an erroneous analysis of the time limit can have serious consequences.
For the debtor: contesting an enforcement measure
If you are the subject of a seizure or other enforcement measure for a debt that you believe to be very old, it is possible that the statute of limitations has run out. If you consider the proceedings to be illegal for this reason, you can appeal to the enforcement judge (JEX). In this case, it is essential to analyse the history of the case in detail to check the starting point of the time limit and the existence of any interruptive acts, given the seriousness of the consequences. Note that the time limit for lodging this type of appeal is often very short, generally one month from the date of notification of the seizure. Consult a lawyer specialising in enforcement procedures is essential if you are to obtain a legal opinion on your problem and, if necessary, initiate the correct procedure.
For the creditor: secure debt collection
On the other hand, if you are a creditor and you realise that the ten-year period is about to expire, you need to take urgent action. This could be your last chance to recover your debt. Allowing the statute of limitations to run its course would destroy your chances of recovering the fruits of your lawsuit. To avoid this situation, it is essential to interrupt the statute of limitations before the fateful date. The simplest solution is often to instruct a court commissioner to carry out an enforcement measure, even if this initially proves unsuccessful. This act will start a new ten-year period, giving you the time you need to continue your debt collection efforts. Here again, the assistance of a lawyer can prove invaluable in choosing the most appropriate strategy and ensuring that the measures are carried out correctly and within the deadlines that must be scrupulously respected.
Time management is central to litigation and enforcement proceedings. Obtaining a court order is only the first step; ensuring that it is actually enforced within the time limits set by the law is just as essential. For an in-depth analysis of your case and advice tailored to your situation, contact our firm.
Sources
- Code des procédures civiles d'exécution, in particular article L. 111-4
- Civil Code, in particular articles 2224 et seq. on extinctive prescription and articles 2230 et seq. on suspension and interruption
- Law no. 2008-561 of 17 June 2008 reforming the statute of limitations in civil matters
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