Many of us are struggling with debts. Younger generations, older generations. In principle, all generations are involved in some debts, some less, others more. This is not always the result of broadly understood financial capacity. Sometimes, debtors are people who, under the Act, should not be them. Younger generations are in a more difficult position, because the freshness of debts, obligations and a modern, complicated procedure for granting loans makes the debt most often without any doubt due.
However, when it comes to older generations, the matter is so unusual that many of their debts can no longer be compulsorily enforced, for example before a court. Where do these discrepancies come from? Well, it results from the statutory provision, in which the letter of law stipulates that the period of limitation is six years, and for periodic claims and those related to running a business – three years.
At the moment when the creditor, who by reason of the passage of time very often is a debt collection company brings an action to the court, demanding repayment of the debt, the debtor may plead the plea of limitation and the court should at this point dismiss the claim. It is very important, however, that the court will not take such action for ourselves, which is why our interference is necessary to avoid unpleasant consequences.
When it comes to the complexity of the case, it is extremely important to remember that if you have repaid a claim that was time-barred, we can not request a refund. In addition, the Civil Code reserves situations in which the running of the limitation period may be stopped. For example, at the moment when we undertake negotiation activities to colloquium, whether with a bank or with a debt collection company or anyone else, we acknowledge that the debt exists and from that moment the period of limitation begins again. These actions, unfortunately, are the same as the debtor’s recognition of the debt. In addition, the limitation period may also be interrupted when the creditor brings the case to court, starts mediation or calls for a settlement.
However, in most cases, the debtors’ recovery of their debt is in the form of written requests demanding repayment of the debt. Such letters do not interrupt the statute of limitations.
Like anywhere else it is useful to say that ignorance of the law is harmful. On the one hand, the debtor, wanting well after numerous calls from creditors, debt collectors, etc., may want to try to get along with creditors, while hurting himself.
Going to the merits, in the letter that we direct to the debt collection company, the most important thing is to mark the possibility of raising the limitation claim. This charge is addressed in relation to claims for: “imposed penalty for driving without a ticket by bus no. …”, “unpaid loan with No. …, granted on …”. However, this plea is raised only at the stage of the trial. The collection company usually needs to be informed about the lack of repayment of a given debt. These companies very often process old, poorly documented debts in order to earn so-called easy money. Based on the low legal awareness of citizens, there is a high probability that their calls will obtain the desired effect. In such a case, however, one should demonstrate knowledge of the provisions of civil law and indicate that the debt has expired in connection with article 118 of the Civil Code.
Going to the side of the discussed case, it is also very common for debt collection companies to send payment orders, under the threat of going to court. In these calls, very often there is no discussion of the actual obligation that the debt is associated with. Instead, these companies use the contract of assignment of receivables, from which nothing really results, and it simply raises more questions in the head of the average consumer. In each payment request, indicate the contract on the basis of which the debt was incurred. The assignment agreement is certainly not.
Therefore, if you want to start any discussion on the feasibility of a debt at all, you must ask the sender to ask for payment for the contract with the original creditor. Otherwise, the debtor does not even know what to refer to, because on the basis of a typical letter of a debt collection company, it could reach a person not related to the case in any way and it would result in the same amount.
In summary, people trying to regain debt nowadays are most often characterized by a lack of substantive approach to the matter and are based on the low legal awareness of their recipients. They hope that by raising timidly received phrases by some, such as a “pleading” or “referral to court,” they will scare to such an extent that these people instead of rationally think about the subject, recognize that they are guilty of money and they will try to agree, but they do not have to!
Let us remember that many legal magazines that sound wisely at first are really constructed in this way, that we believe in the rationality and legitimacy of a given magazine.