§ 2. The ordinary limitation period (foreldelsesfrist) is 3 years

§ 2 is one of the most important rules in the entire Limitation Act. It says that the ordinary time limit is 3 years. Not 5 years. Not 10 years. Not "as long as you have documentation". The main rule is 3 years.

This means that many claims must be followed up faster than people think. If someone owes you money, you should not leave the matter in a drawer. You should find out when the time limit started to run, and what must be done to stop it. Limitation is not just about sending a reminder. You must either get an acknowledgement of the claim (erkjennelse) from the debtor (skyldner), or take some form of legal action (rettslige skritt), depending on the situation.

This rule only applies as a main rule. The Limitation Act has several exceptions. Promissory notes (gjeldsbrev) and loans of money (pengelån) can have a 10-year time limit under § 5. Bank deposits (bankinnskudd) have their own rules under § 4. Claims for compensation (erstatning) have their own rule in § 9. Claims for pension (pensjon) and maintenance payments (underholdsbidrag) can have their own rules under § 6. You must therefore always read § 2 together with the rest of the Act.

But even though there are exceptions, § 2 is the starting point. When you cannot find a special rule, 3 years applies. This is the practical rule for many ordinary claims: unpaid invoices, claims for repayment, claims under agreements, claims for services, claims between private individuals and many claims in business relationships.

It is also important to understand what § 2 does not say. It does not say when the time limit starts. That is in § 3. Nor does it say how the time limit is interrupted. That is in §§ 14 to 19. It does not say what happens when the claim is time-barred (foreldet). That is in § 24. § 2 only gives the length of the standard time limit.

How long do I have before a claim becomes time-barred?

As a general rule, you have 3 years. But you need to know from which date. If you count from the wrong date, you can get it wrong. The most common starting point is the day you could first demand payment or performance (oppfyllelse). If the invoice (faktura) is due on 15 August 2026, the time limit normally starts then. It is not the invoice date that matters most, but the due date (forfallsdato).

If the claim concerns a breach of contract (mislighold), the time limit often starts when the breach occurs. If a tradesperson was supposed to be finished on 1 May but does not deliver, the time limit for certain claims can start to run from the breach. If it concerns a defect (mangel), a complaint about a defect (reklamasjon) or a guarantee (garanti), other rules may come into play. That is why § 3 is important.

For many ordinary monetary claims (pengekrav), you can still think like this: find the date when the money should have been paid. Add 3 years. Make sure there is an interruption of the limitation period (fristavbrudd) before that date. Do not wait until the last day. Do not rely on "well, we're talking". Do not think that a friendly text message automatically saves the claim.

If the debtor answers clearly "yes, I owe you the money", this can be an acknowledgement of the claim under § 14. Then the limitation is interrupted. But unclear answers are dangerous. "We'll look into it" is not the same as "I owe you NOK 25,000". The closer you are to the time limit, the more important it is to get something clear.

What happens if you make a mistake?

If the 3-year time limit expires without the limitation having been interrupted, the claim may be lost. The debtor can then refuse to pay on the grounds of limitation. This can be enough for you not to obtain a judgment (dom) for the claim, even if you can show that the agreement existed.

This is particularly important for small businesses. Many send an invoice, a payment reminder (purring), a debt collection notice (inkassovarsel) and leave the matter there. But an old invoice is not safe just because it is in the accounts. If you want to preserve the claim, you must keep track of the limitation period.

The same applies to private individuals. A private loan should not be based on trust alone. Write down the amount, the date and the repayment deadline. Follow up before the time limit approaches. It is much easier to sort things out while the matter is fresh.

Start by writing down three dates: when the claim arose, when payment could be demanded, and the earliest date the 3-year time limit can expire. Set a calendar reminder at least six months before the time limit. Then you have time to act.

Send the claim in writing. Ask for a clear answer. If the other party agrees, get the acknowledgement of the claim in writing. If the other party disagrees or does not reply, you must consider steps that interrupt the time limit. Do not wait until the time limit has almost run out.

If the claim concerns a type of case that often has its own rules, you must check the special rules. This applies in particular to compensation, guarantees (kausjon), promissory notes, loans of money, bank deposits, maintenance payments and claims connected to a criminal case (straffesak).