Some debts are statute barred.  After this period, the court will not prosecute you for them

Some debts are statute barred. After this period, the court will not prosecute you for them

While all debts must be paid, life situations vary. Not every debtor knows what rights they are entitled to, and thus they often do not realize that some claims may expire after a certain period of time. What does this mean in practice and what are the deadlines?

It should be noted at the outset that the limitation of the debt does not mean that it disappears or ceases to apply, but only changes its form. This means that the creditor can still demand its repayment, but not in court, i.e. without legal consequences for the debtor. The latter, in turn, can still repay it at any time.

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When do debts expire? The amendment significantly shortened it

In the past, debts expired after 10 years, but the new law of 2018 significantly shortened this period. As we can read in Art. 118 the current basic limitation period for property claims:

  • when the creditor does not take any steps to enforce the claim and
  • unless another specific provision provides otherwise,

is 6 years. For claims for periodic benefits and those related to running a business, this is only 3 years. However, it should be remembered that the end of this period falls on the last day of the calendar year. The exception is the limitation period, which is less than 2 years.

Which debts do not expire? For some, the deadline is even shorter

Claims to property may be time-barred, but with three exceptions. We are talking about claims for the abolition of co-ownership of things, debt collection (so-called mining) claims related to the ownership of real estate and the cessation of infringements related to real estate ownership. On the other hand, non-property claims (which mainly protect personal rights) are not subject to the statute of limitations. Also note that some debts in other categories have , after which they become statute barred:

  • after a year – unpaid fines and driving without a valid ticket in public transport,
  • 2 years – unpaid invoice, telecommunications services or claims related to overdraft on the account,
  • 3 years – tax liabilities arising from the delivery of a decision with the amount of tax, e.g. on real estate, rent or credit card debt, loans, credits,
  • 5 years – tax liabilities that arose by law, i.e. income taxes or VAT,
  • 6 years – inheritance debts, unless no steps are taken to enforce the fee and other claims confirmed by a final court judgment.

When is the debt not statute barred? It depends on the actions of the creditor

It is worth remembering that the debt is not time-barred when the creditor interrupts its course on time, i.e. by performs a judicial action (e.g. files a lawsuit), calls for payment or initiates mediation. Of course, the recognition of the claim by the debtor also counts. In addition, even if the debt expires and the creditor fails to collect it, he can enter the debtor on the list of debtors, so that the situation will forever be recorded in his history, which later may make it difficult to take a loan or loan.

Source: Gazeta

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