Limitation Period for Debts in Kazakhstan: Three Years and What Interrupts It

General period: three years

The general limitation period in the Republic of Kazakhstan is three years (Article 178 of the Civil Code).

When it starts

The period runs from the day the creditor learned or should have learned of the violation of its right. For debts this is usually the day the money was due. If no repayment date was set, the period runs from when the creditor became entitled to demand repayment, and if the debtor is given time to comply, from the end of that time.

What interrupts it

• filing a claim in court in the proper manner;
• actions by the debtor acknowledging the debt: partial payment, a letter or message acknowledging the debt, a request for more time, signing a reconciliation statement.

After an interruption the limitation period starts again, and the time elapsed before the interruption does not count.

If the period has expired

The court applies the limitation period only if a party to the dispute raises it. If the debtor does, the claim will be dismissed. That is why it is important not to delay and to keep any evidence that the debtor acknowledged the debt.

Advice

If little time remains before the three years run out, it is better to file a claim straight away: a demand letter alone does not interrupt the period. Send me your documents and I will check whether the period has expired and whether there was an acknowledgement of the debt that interrupted it.