The limitation period for debts: the law and the nuances of its application
The statute of limitations for debts is the period in whichwhich creditors (and this can be anyone) can recover from the debtor debt through the court. This term is fixed in the law and after its expiration creditors are unlikely to be able to restore their rights - to return the debt through the court. Debts may be before the housing and communal services (unpaid rent), before the creditors at the enterprise, a debt to an individual (ordinary citizen), if there is a receipt, a loan debt, the debts of a deceased relative who left you an inheritance, including in the form of debt. For different types of debts, the law sets its own time limit for going to court, but there is also a general one, which in most cases operates for three years.
Although the limitation period for debts is running out,all the same, the creditor does not lose the right to go to court. But it is only the defendant consult with the lawyer and the case will be a petition or objection to the claim, and the grounds will be the expiration of the statute of limitations.
The law provides for cases when the termThe statute of limitations can also be extended "indefinitely". For example, transactions in which the rules for concluding agreements are violated (the contract, the imposed contract, the contract violating important civil rights are not correctly drawn up) - they can not be subject to statute of limitations, since it is a serious offense. All situations in which the statute of limitations can not be applied are described in article 208 of the Civil Code, but among them there are no material rights. Therefore, the limitation period for debts is established in general cases in three years. These general circumstances include the debts on the receipt (the limitation period on the receipt should begin to be counted from the first day after the end of the term of payment of the debt indicated in the receipt), and the loan debt (starting from the end of the loan agreement), and accounts receivable (debts firm). The limitation period for accounts receivable is calculated from the date of termination of contractual relations with partners, creditors, suppliers. After the expiry of the statute of limitations, the debt is written off according to all the rules of accounting (tax and civil code). If the contract is absent, the limitation period is counted from the day when the creditor has the right to demand payment of the debt from the firm.
And on the other hand, the term continues to expire,even if the debt "was replaced by the owner" - he moved to the new owner as an inheritance, or when the company was reorganized. Over time, judicial practice has shown that it is necessary to introduce into the law a list of situations in which the limitation period for debts could be considered suspended. Some courts have already listened to this opinion of the Supreme Court and apply it in court cases, under certain circumstances. For example, if the debt was paid by the debtor at least partially in the period of statute of limitations.
It is also important to know from what datethe calculation of this period (Article 200 of the Civil Code). The limitation period starts from the day when the creditor became aware that his right was violated (in this case, the debt obligation was not fulfilled, the debt was not paid). There are situations when the creditor exaggerates the date of calculating the term (in his own interests), and the debtor understates (in his own). And only the court can judge which of them is closer to the truth from the point of view of the law. The main thing is the presence of weighty evidence from one side or the other. The most significant evidence in these cases, of course, is the contract, be it a loan agreement, a supply contract, an agency contract, or even a receipt (if only it had a date when the borrower should return the money). And if there is a contract, the relationship between the creditor and the debtor is called "with a certain period of execution." When this period ends and the debt is not repaid, the limitation period begins. If there is no contract or other document, in which the deadline for the discharge of obligations on the debt would be indicated, then the limitation period is more difficult to determine. The lender can call any date when he became aware that the debt will not be returned. In these cases, one should rely on verbal deadlines.
Despite all the difficulties, the limitation periodfor debts - this is absolutely justified measure, because a debtor sometimes needs protection from prosecution of creditors. And three years is a reasonable time to restore your rights, in the case of debts you do not need more.