There are so many ways to indebtedness that it would not be enough to calculate them! After all, the Poles, like no one else, “love” to spend money and fall into a spiral of debt . What if some of your arrears have expired? This option is quite comforting and real. However, it actually depends on the type of claims. In that case, when can you avoid paying off your debts?
The law on the part of the creditor is not so unambiguous!
Until now ignorance of the law among debtors could have reflected the proverbial “hiccups” on them. Creditors demanding repayment of debt, usually did not pay attention to the fact that the claim was time-barred some time ago … Barely, they filed lawsuit for them in court! In this way, they exploited the ignorance and compliance of customers who ultimately decided to settle the obligation.
However, from July 9, 2018, the courts make a scrupulous verification whether the claimed payment has not expired! If so, the action for payment will be dismissed. The debtor will be released from the necessity to participate in the proceedings and all liability will fall on the creditor. And in this case, even the fact of ignorance of the law will not take revenge.
Limitation of debt, and so …
In accordance with the provisions of the Civil Code, the term of limitation of debt includes the possibility of waiving the repayment of the debt after a specified period. In practice, this means that each debt has its own legal “expiration date”. When it passes, the debt will not disappear – but the debtor is no longer required to pay it. Yes, the creditor can still claim payment rights, but the chances of recovery are small. Because, as the name suggests – the debt will become time-barred if the entity does not ask for its debt in the designated time!
When will the debt expire?
It all depends on what title the debt arose. The shortest period of limitation has an unpaid mandate , demands, a contract of carriage or a preliminary contract . They are often underestimated by the owners who look forward to when the claims expire. Completely unnecessary – because despite the fact that the penalties are renewable after one year, the creditors can submit their case to the court at any time. And this, in addition to payment of debt, involves additional penalties and costs associated with the process! Not to mention the fact that such a dissertation can extend over a period of up to several years. That is why it is not worth ignoring seemingly trivial obligations, which in reality can “take on” great importance.
When your debt will lose its validity ….
Wondering how long it will take for the unpaid debit on your account to exceed your “expiration date” according to the Civil Code? This and the other examples are as follows:
- Debit on a bank account – 2 years (the limitation period is calculated from the date on which the debt should have been paid – this applies to all requests, due to a bank account agreement)
- Claim for a specific task / order contract – 2 years
- Requests for sale or for delivery – 2 years
- Backlogs in telecommunications services – 2 years
- Credit card debt – 3 years
- Limitation of loan / loan – 3 years
- Unpaid rent – 3 years
- Claims arising from the employment contract – 3 years
- Unpaid maintenance – 3 years
- All obligations under the business activity – 3 years
- Unpaid / non-refundable deposit or advance / prepayment – 3 years
- Claims under the insurance contract – 3 years
- Real estate tax debt – 3 years
- Any indebtedness arising from the law – 5 years, e.g. VAT, income taxes or civil law transactions
- Long inheritance – 6 years (if the creditor does not make any demands)
- Other claims by virtue of a final court judgment or another institution appointed for a specific case – 6 years
As a result of the amendment of civil law, introduced by the Ministry of Justice – the period of limitation from 10 to 6 years has been shortened. However, in the case of a mortgage, only interest is lost on validity! If, after this time, the debtor continues to default, the bailiff is waiting for him. In this way, the bank will recover at least some of the debt.
Limitation of long-term debt – how much time must pass?
Long-term debts expire at various time intervals. Ba – the debt loop can last for years. Some become invalid after a year, others after 5-6 years! The longest period of limitation for debt confirmed by a court judgment is 6 years and applies to claims confirmed by a valid judgment.
And what about the inheritance debts? Until 18/11/2015, the regulations stated that the heir within six months from the date on which he learned about the inheritance and did not make a declaration of acceptance or rejection of inheritance – he inherited it with all debts. And that meant that he was responsible for the inheritance debts with all his assets.
At present, the silence of the testator agrees to accept the inheritance along with the blessing, as a result of which he will be responsible for the inheritance debts from the inheritance. When does such a commitment “expire”? The Act provides for a 6-year period of expiration – provided that the creditor does not take any action to recover the debt.
Expired debt will not be recovered …
The Act clearly states that after the set date, the liability expires. Which means – no possibility of effective demand repayment of debt! Therefore, to protect against limitation – creditors should carefully watch the date of payment of contractors. Thanks to this, they can apply for their debts again, and the date of payment is considered non-existent!
How to “break” the limitation period? Here are the ways:
- Starting mediation with the help of a debt collector
- Any action initiated by the court
- Acceptance of the penalty by the debtor
Limitation of debt – what kind of different rules!
As you can see, each type of claim has a different limitation period, which results from the provisions of the Civil Code. They also often have many details and are subject to periodic amendments, which is why they are not so obvious …
Repayment of debts is a matter of honor for many people, which is why ongoing monitoring of the financial situation and checking the law will effectively protect both current and future debtors against unpleasant consequences.