statute of limitations on debt - a period in which the lenders (and it can be anyone) may recover from the debtor's debt through the courts.This period is fixed by law and after the expiration of creditors are unlikely to recover their rights - to repay the debt through the courts.Debts can be in front of utilities (not paid rent), the entity to the creditors, the debt to an individual (ordinary citizen), if you have a receipt, the debt on the loan, the debts of a deceased relative, left you a legacy, including in the form of debt.For the different types of debt in the law set a deadline of going to court, but there is a common operating in most situations - for three years.
Though the statute of limitations on debts and expires, yet the lender does not lose the right to sue.But once the defendant to consult a lawyer and go to the cause of motion or objection against the claim, and the base will be time-barred.
law provides for such cases where the statute of limitations and can extend "indefinitely."For example, transactions where the rules are violated agreements (not true drafted agreement imposed a transaction agreement, violates important civil rights) - they can not extend the statute of limitations, because it a serious offense.All the situations in which there can be applied the limitation period set forth in Article 208 of the Civil Code, but none of them are substantive rights.Therefore, the statute of limitations on debts is established in the common cases in three years.These common factors include the debts of receipt (the statute of limitations on the receipt should start counting from the first day after the expiry of the payment of the debt of the receipt), and the debt on the loan (from the end of the credit agreement) and receivables (debtscompany).The limitation period of receivables is calculated from the end of the contractual relationship with partners, creditors, suppliers.Upon expiration of the statute of limitations debt written off by all the rules of conducting accounting reporting (tax and the civil code).If there is no agreement, the limitation period shall run from the day when the creditor is entitled to demand payment of the debt to the company.
On the other hand, the term continues to bleed, even if the debt "was replaced by host" - he moved to the new owner as an inheritance, or reorganization of the company.Over time, the jurisprudence shows that the law must be entered in the list of situations in which the statute of limitations on debts could be considered suspended.Some courts have already listened to this view of the Supreme Court and used in court cases in certain circumstances.For example, if the payment was made by the debtor of the debt, at least partially in the period of limitation.
also important to know what day begins with the calculation of this term (Article 200 of the Civil Code).The limitation period begins with the day that the creditor was aware that his right has been violated (in this case - on the debt obligation has not been fulfilled, the debt is not paid).There are situations when the lender exaggerates the date of calculation of the period (to their advantage), and understates the debtor (in his).Only the court can decide which of them is closer to the truth in terms of the law.The main thing - is the presence of strong evidence from one party or another.The most important evidence in these cases, of course, is a contract, whether it's credit, the supply agreement, agency agreement, or the receipt (if only it was a date when the borrower has to repay the money).And if there is a treaty relationship between the creditor and the debtor is called "a certain period of execution."When this period ends and the debt is not repaid, the calculation of the limitation period begins.If there is no agreement or other document, which would mean a period of performance of obligations on the debt, then the statute of limitations is harder to determine.The lender may call any date when it became known that the debt will not be refunded.In these cases, you should rely on verbal agreements terms.
Despite all the difficulties, the statute of limitations on debt - it is absolutely justified measure, because the debtor and sometimes in need of protection from persecution creditors.And three years - a reasonable period of time to restore their rights in the case of debts more and do not need.
