The prescription Debt collection is a legal mechanism that establishes a time limit after which a creditor cannot demand payment of a debt. Code Civil regulates this legal figure, providing clarity for both debtors and creditors.
The Superintendency of Banking, Insurance and AFP (SBS) It also plays a fundamental role, offering tools for citizens to check their credit history and status in the Central Risk Center. This article details what the prescription of debts is, the established deadlines and how to verify if a debt has expired.
Can a debt be time-barred in Peru?
Yes, this is possible. In Peru, the general statute of limitations for bank debts is ten yearscounted from the moment the debt becomes payable, that is, from the date on which payment is not made. This period is stipulated in the Article 2001 of the Peruvian Civil Code. If during these ten years the creditor has not initiated any legal action to claim the debt, the debtor may invoke the statute of limitations to extinguish his obligation.
Prescription of debts: what does this figure consist of?
The prescription of debts is a legal figure that allows extinguish the obligations financial after a certain period, during which the creditor has not taken legal action to claim payment. This mechanism seeks to provide legal certainty, preventing debts from being perpetuated indefinitely. In Peru, the Civil Code is the law that regulates the terms and conditions under which debts may become statute-barred.
It is important to understand that the prescription No It happens automaticallyIn addition, certain acts, such as the debtor’s acknowledgement of the debt or a claim for collection filed by the creditor, may interrupt the limitation period, restarting the count from zero.
If my debt is expired, will I be removed from the SBS risk list?
The prescription of a debt does not automatically imply its elimination from the records of the Risk Center from the SBS. The Superintendency of Banking, Insurance and AFP (SBS) keeps a detailed record of the credit history of citizens, and a prescribed debt will continue to appear in these records. To eliminate it, the debtor must formally request the update of your credit information to the SBS, presenting the documentation that proves the prescription of the debt.
Periodically reviewing the debt report is a good practice. recommended for all the debtors. The SBS offers an online tool that allows you to check the status of your financial obligations using your DNI. This service provides information on current debts, amounts, due dates and payment history. Keeping a regular check on this information helps you better manage your debts. finance personal and avoid unpleasant surprises.
Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
