Statute of limitations for debt collection

Officially, the period of limitation in civil cases - is the period during which the lender is endowed with a legal right to apply for a debtor in court.As an applicant can be a natural or legal person to contest this claim is impossible.Statute of limitations for debt collection may vary depending on the situation.About how much time can be during this period, you will learn more.

Since when is considered the limitation period

claim the debt is worth saying that this is the time for the burning of the debtor.Mostly it depends on the loan agreement.Often, there is the date to which you have to pay off your debt.Limitation period begins on that date for the next day, unless other conditions.If the amount of accrued interest for them to install a separate period.However, as practice shows, usually calculate the general limitation period.There are different types of debt and each provides its own rules.

loan

Sometimes in life occur the circumstances in which it can no longer pay the

bank.Statute of limitation period for the loan is calculated from the day following the order, as the debtor has delayed payment.According to article 200 of the Russian Civil Code, he is three years.However, the borrower must know that the statute of limitations to recover the loan debt can be reset.This happens if in three years the man:

  1. received from the bank's claim for repayment of the advance by registered letter of debt.
  2. communicate with representatives of the credit institution or collectors, he acknowledged that the money should be, and this fact was recorded.
  3. a long time did not pay, but then made a certain amount again.

You should be aware that sometimes unscrupulous lenders are purposely long to bother the debtor, and in the meantime accumulated interest is growing fine.So remember what situation do not support the contact with the bank and can not be the reason for the reset period:

  • telephone conversation that was not recorded on tape;
  • presence of a receipt for the letter from the bank;
  • visit on the bank, not related to the loan.

on taxes

specific limitations on recovery of tax debts by law no deadline is set, and the total is not applicable here.There is taken into account immediately three periods:

  • the direction of the claim for payment of insufficient amount in the prescribed manner;
  • to repay the amount on their own initiative;
  • to file a claim in the court by representatives of the tax service (six months).

Since the discovery of shortage before the filing of the claim is approximately nine months to force the debtor to pay the money.If he wants to confiscate property that is given for two years.If the fact of arrears established at check, the period begins to recover from the day the decision on it.As the tax service usually time enough for you to recover arrears from the debtor through the courts.Virtually anyone can not avoid it.

wage

period for recovery of wages is three months from the date of dismissal.Within 90 days the person has the right to complain about his former employer to court.If the employment contract is not yet terminated, the period is not set here.If a person does not cease to work, but does not receive a salary, he has every right to go to court or arbitration.As in the first and in the second case, he is entitled to receive unpaid wages on time in full.

utility bills

period in which management companies, serving home, may apply to the court against the defaulter, is three years.This applies to those people who did not pay the rent, water, electricity or gas.It is necessary to draw your attention to the fact that management companies are not entitled to any extension of the term of recovery.If a person is sued after his graduation, he must present this fact in objections to the case at trial.

Duty to individual

If you took someone money out to pay for the supply of goods or services, but return them to the person refuses, then you have three years to address the court.There is one very important point - in the hands have to be your receipt, which contains the specific date the refund.the limitation period starts on the day after its occurrence.Practice shows that in three years from now to regain their money, even if receipts are not possible.

whether debt collection is possible after the expiry of

Officially, the creditor is not entitled to it, to claim the money in court at the end of the period of limitation.It acts both in Moscow and in other cities of Russia.However, there are cases where the period is suspended.This applies when there were circumstances that do not allow the victim to defend their rights.Once they are removed, the statute of limitations runs on.Circumstances for suspension:

  1. lawsuit failed to show due to an emergency or an insurmountable obstacle.
  2. One of the parties to the litigation in the army during martial law.
  3. Law of the Russian government set the delay in the fulfillment of obligations.

If these facts recorded in the last half-year limitation period, it is extended by the same amount.If we are talking about a short period, then the decision on its suspension can be taken before the onset.Once the problem will cease to exist, the period will be extended for another six months.In addition to the suspension there is also a break period.These concepts are quite different.

Break appointed under certain circumstances.The term will be completely renewed and will start again.The duration is determined by the law and can not be unlimited.Break administered in a situation where the debtor has been sued in compliance with all regulations.He also occurs when a person independently acknowledged his debt.Signs of this fact can be direct or indirect.

In a situation where a claim for any reason has not been considered, first, a decision is made.On the basis of his finding out what circumstances impede the course of events.Such a definition - a reason for the suspension of the limitation period.Very often it happens in a criminal case.The limitation period will be extended after the accused will make a decision.If up to the end have less than six months, the period still be extended by 6 months.

Video on collecting receivables

ordinary man is sometimes very difficult to understand all the intricacies of the characteristic of the period of limitation.If you are not completely understood, it is a debt collection under the contract and how does this procedure, see the following video below.After watching the movie you will be better aware of what it means to the concept of "limitation period", what are the different methods of recovery.You will understand how to act, being in the role of the debtor and as creditor.