People who have consolidated debt, but the creditor does not ask for it, can avoid paying it. It must then come to the so-called consolidated debt limitation. What exactly is the statute of limitations and when does it take place?
We can often find that some consolidated debts do not have to be repaid, because they have expired. However, the law precisely regulates this issue and the very fact that the consolidated debt was created several years ago and ceased to pay it back does not mean that it has become time-barred.
Limitation of consolidated debt – what is it?
In accordance with the provisions of civil law, limitation is the possibility of evading the satisfaction of the claim after the specified period. Depending on the consolidated debt you are referring to, this period can be from one to 10 years.
The consolidated debtor is not obliged to pay past consolidated debts, even if the creditor or the consolidated debt collection company applies for it. It is worth remembering that in such a situation, the law is on the side of the consolidated debtor – he must, however, be aware that the expired consolidated debt is no longer to be regulated. This does not mean, however, that the consolidated debt disappears – it may remain after the entry in the consolidated debtors’ database or the consequence may be to enter another black list.
Examples of deadlines for consolidated debts:
- consolidated debt resulting from the contract of carriage, for example, unpaid transport ticket – 1 year
- consolidated debts arising from civil law contracts (orders, for a specific task) – 2 years from the moment of executing the order or work
- consolidated debts arising from the employment contract – 3 years
- consolidated debts due to unpaid penalty mandate – 3 years
- consolidated debts arising from loans , credits , on a credit card – 3 years
- rental consolidated debt – 3 years
- consolidated debts under the insurance contract – 3 years
- unpaid real estate tax – 3 years from the end of the calendar year in which the tax obligation arose
- unpaid income tax – 5 years from the end of the calendar year in which the tax obligation arose
- ZUS contribution – 5 years (for those created after 2012) or 10 years (for those created after 2012)
- Inheritance consolidated debts – 10 years
It is worth pointing out that apart from the exceptions mentioned above, the period of limitation of consolidated debt is calculated from the moment when the creditor may begin to demand repayment. For example, in the case of loans, it is the next day after the repayment date, not the day of borrowing .
The limitation period and its interruption
The consolidated debt expires only when the creditor, but also the consolidated debtor does not raise his subject, i.e. they do not perform any activities related to consolidated debt. Therefore, the most common situation is when the creditor forgets about the consolidated debt and does not ask for it.
However, the limitation period may be interrupted. This can be done by any act before a court or a body appointed to settle a claim or an arbitration court, by initiating mediation or by acknowledging the claim by the consolidated debtor. So if the creditor contacts the consolidated debtor and he admits that he has a consolidated debt, he will want to spread it into installments, then it interrupts the limitation period and it is charged again.
In the event of problems related to the limitation period, it is a good idea to contact a lawyer.