In Peru, the PRESCRIPTION OF DEBT It is configured as a valuable tool for numerous debtors, since it provides clarity about their rights and offers them peace of mind. This process establishes the moment when a tax obligation ceases to be enforceable, which considers various factors related to breach.
This procedure establishes a temporary frame that provides the debtors The opportunity to analyze your economic situation and make informed decisions. Next, we tell you more details about the deadlines for the prescription of debts and the consequences presented once this period has ended.
How many years should the bank debts prescribe in Peru, according to the Civil Code?
In Peru, the Civil code It determines that bank debts have a ten -year prescription period. This period is crucial, since, at the end, the creditor loses the power to claim payment through legal actions. As a result, the debtor is protected, since he cannot be brought to trial for that particular obligation.
The prescription period establishes the limit time in which the creditor can claim the payment of a debt. After ten years, the payment obligation is automatically extinguished, which releases the debtor from any responsibility. Both the creditor and the debtor They must be informed and respect this period, since it ensures legal stability and prevents future legal conflicts.
The bank debts after they prescribed?
After ten years without the creditor having initiated legal actions, the debtor can request the prescription of the debt before a court. If the application is approved, the debt will be extinguished legally, which exempts the debtor from the obligation to make the corresponding payment.
It is relevant to note that, although the debt has been extinguished, its registration will continue in the Credit history of the debtor, which could influence his financial qualification for several years. In addition, it is crucial to take into account that the prescription of the debt is a right that corresponds to the debtor after a specific period of inactivity by the creditor.
What are the entities that can seize the salary of the workers?
In Peru, there are three entities that are empowered to make salaries:
- Judicial Branch: Through a final judgment, the Judiciary can order the embargo for the payment of private or commercial debts. The amount seized will depend on the judicial ruling and respect the established legal limits.
- Sunat and SAT: These entities have the authority to seize wages in cases of tax debts. In these situations, the retained percentage can reach up to 30% of the worker’s salary.
- Food demands: In cases of food obligation, such as pensions for children or spouses, the embargo can reach up to 60% of the salary. In these cases, the well -being of the beneficiaries is prioritized. It is important to note that these entities must follow rigorous procedures and previously notify the worker’s employer before carrying out their salary.
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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.
