Limitation of debt with a bailiff

If you have debt, for example from unpaid non-bank loans, you can avoid paying it. To make this possible, however, a sufficiently long period must be elapsed leading to the so-called statute of limitations for debt. In the article we will look at this issue a little closer.

The limitation period for claims

debt loan

If the creditor does not ask for a refund and all indications are that he simply forgot, you can count on the statute of limitations to expire. The limitation period depends on the type and source of the debt. Just a few years ago, the vast majority of claims expired after 10 years.

As a result of changes in law that entered into force this year, this period was shortened to 6 years. The limitation period for claims arising from business operations and periodic benefits remained unchanged. Such debts expire after 3 years.

Interruption of the limitation period

debt loan

Importantly, there are situations that can interrupt the limitation period and cause it to be counted anew. Belong to them:

  • acceptance of a claim by the debtor , that is, in a way, his confession to his debt. Confirmation of debt acceptance may be, e.g. signing a contract with a creditor, requesting deferment of payment, spreading the debt into installments or canceling part of interest;
  • submission of a claim for payment by a court creditor ;
  • submission by the creditor of a request to summon the debtor for settlement attempts ;
  • submitting an application to the court for an enforcement clause ;
  • initiation of mediation .

It is also good to know that after each interruption of the limitation period, it runs again. In practice, this means that you will have to wait another six years for the debt to be barred again.

Limitation of debt with a bailiff

Limitation of debt with a bailiff

If you receive information about a bailiff’s seizure, first make sure that the debt is not time-barred. Unfortunately, attempts to enforce outdated benefits are unpleasant everyday life in our country. Everyday life that certainly is not worth agreeing to. Although the courts are currently required to examine whether the debt in question is not time-barred, there may still be unethical enforcement of debts from a few or even several years ago.

Court bailiffs are not responsible for this state of affairs. If a creditor with an enforceable title together with an enforcement clause submits an application to initiate enforcement, the bailiff is not required to examine the legitimacy and maturity of the debt. It also does not determine whether it is time-barred. Execution of enforcement is only his duty, performed “at the request of” the creditor. ” Any attempts to negotiate or convince the bailiff to their case are therefore completely unfounded.

Limitation of debt and the possibility of seeking repayment

Limitation of debt and the possibility of seeking repayment

Limitation does not mean that the debt has disappeared. According to the law, after expiry of the limitation period, the debtor may, however, evade the performance, i.e. simply refuse to repay it. In such circumstances, the creditor is not entitled to claim debt before the court.

In order to recover his money, he may use attempts to settle the matter amicably and get along with the debtor. And these, as it is easy to guess, often crawl on nothing.

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