What is the statute of limitations for small claims in Ge...

What the Law Says

German civil procedure does not define 'small claims' by a specific monetary threshold for limitation purposes; instead, the general limitation rules under the German Civil Code (Bürgerliches Gesetzbuch – BGB) apply uniformly to all civil monetary claims, including those pursued in the 'Mahnverfahren' (payment order procedure) or before the Amtsgericht for claims up to €5,000.

Pursuant to § 195 BGB, the ordinary limitation period for civil claims—including unpaid invoices, contractual debts, and damages—is three years. This period begins under § 199(1) BGB at the end of the calendar year in which (a) the claim arose, and (b) the creditor obtained (or, without gross negligence, ought to have obtained) knowledge of the circumstances giving rise to the claim and of the debtor’s identity.

Importantly, no shortened limitation period applies solely because a claim is 'small'. Even claims below €5,000—commonly litigated via the simplified Mahnverfahren (§§ 688–697a ZPO)—are subject to the same three-year rule unless a special provision applies (e.g., claims arising from freight contracts under § 431 HGB, or certain consumer warranty claims under § 479 BGB).

Statutory Text

The regular limitation period is three years.

— BGB § 195

Statutory Text

Limitation begins at the end of the year in which the claim arises and the creditor knows or, without gross negligence, ought to have known the circumstances...

— BGB § 199(1)

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