How long do I have to sue? Serbian limitation calculator

This tool computes when the statutory deadline for bringing a claim expires, based on the type of claim and the date from which the deadline starts running. The result is informational and rests on the assumptions listed below - a specific case needs a lawyer's review.

Sources

Assumptions

The tool does not account for an interruption or suspension of the limitation period (e.g. acknowledgment of the debt, filing a claim, an out-of-court procedure).

The tool does not account for the debtor's acknowledgment of the debt, which restarts the limitation period from the beginning.

The tool does not account for special deadlines set by statutes outside the bases listed.

The tool does not account for holidays and non-working days for procedural (preclusive) deadlines - the date shown is a calendar date, not the next working day.

FAQ

What is the difference between limitation (zastarelost) and preclusion (prekluzija)?

Limitation ends the right to enforce an obligation through the court, but the court does not apply it on its own - only if the debtor invokes it (Law on Contracts and Torts, Article 360); the debt itself does not disappear, so a debtor who pays a time-barred debt cannot ask for the money back (Article 367). A limitation period can be interrupted or suspended (Articles 381-392). A preclusive deadline, such as the 60 days to challenge a dismissal decision in court (Labour Law, Article 195), extinguishes the right to take the step itself. The court checks it of its own motion and dismisses a claim filed after the deadline (Civil Procedure Act, Article 294).

What if the deadline, according to this tool, has already expired?

First check whether the period was interrupted or suspended, for example by an acknowledgment of the debt or an earlier claim - the tool cannot see that, and it moves the date. With limitation, a claim can still be filed, and the court applies limitation only if the debtor invokes it (Law on Contracts and Torts, Article 360); a written acknowledgment of a time-barred debt counts as a waiver of limitation (Article 366), and a debtor who pays a time-barred debt cannot ask for it back (Article 367). With a preclusive deadline, such as the deadline to challenge a dismissal, a claim filed late is dismissed (Civil Procedure Act, Article 294). A specific case needs a lawyer's assessment.

Can the limitation period be interrupted or suspended?

Yes. Limitation is interrupted when the debtor acknowledges the debt, by a statement or indirectly (a part payment, paying interest, giving security), and by filing a claim or another step the creditor takes against the debtor before a court or other competent authority (Law on Contracts and Torts, Articles 387 and 388); a written or oral demand to the debtor is not enough (Article 391), and the interruption is treated as never having happened if the creditor withdraws the claim or the claim is dismissed or rejected (Article 389). After an interruption the full period starts again (Article 392). Suspension means the period temporarily does not run, for example between spouses, between parents and children while parental rights last, or while insurmountable obstacles prevent the creditor from going to court (Articles 381 and 383); once the cause ends, the period continues and the time that ran before the suspension counts (Article 384).