On debts ": what it means, in what situations it is applied, to whom it is beneficial. The reader can find out the answers about all these questions from the presented article.
Limitation period for debts
The named definition, according to civil law, is a period of time given to a citizen (a creditor in this case) to go to court for help in protecting his interests. In other words, the creditor can apply to the courts to collect his money from the debtor only for a certain period of time. After this period has elapsed, the creditor, of course, can file a claim with the court, which will initiate proceedings, but if a petition is received from the defendant in which he asks to use the limitation period for debts, the court will refuse to satisfy the claims of the plaintiff.
How long is it?
The limitation period for debts, as well as for any other claims, with the exception of those expressly established by law, is three years. After this period of time, the debtor, if no claim has been filed against him, can breathe freely. The legislator sets the limitation period on a receipt or any other document confirming the conclusion of a loan agreement specially. The main purpose of this is to speed up decision-making by lenders. On the other hand, a debtor, who is aware of his unfulfilled obligation, cannot forever be in a state of uncertainty, waiting for a summons to go to court every day. Thus, by introducing the period under consideration, the legislator protects the rights and interests of the debtor.
Countdown
So, having figured out what the limitation period for receivables is, you still need to determine its beginning. Since when should this period be considered? Indeed, in different situations, the countdown can be conducted in different ways.
The legislator clearly defines that the starting point of the course of the period under consideration begins from the first day of delay. For example, on March 1, 2016, the debtor received 80 thousand rubles by receipt, which he undertook to return no later than April 1, 2016. If the lender has not received the funds within the specified period or received, but not in full, then from April 1, 2016, the period starts. This period will end after three years, that is, on April 1, 2019.
The limitation period for loans that the debtor undertook to return in parts is calculated in a slightly different way. In such obligations, the period begins to be calculated in a certain period for each delayed payment. For example, the following situation. The debtor received one hundred thousand rubles on April 1, 2016. He pledged to return the amount of the debt every month at 10 thousand on the first days. In this case, the delay on the first payment will begin on May 1, 2016, on the second - on June 1, 2016, on the third on July 1, 2016, etc. Moreover, the deadline will also start from the date of each delay. That is, the lender can submit a claim for the first payment before May 1, 2019, after this period the first payment (10,000 rubles) will no longer be collected, since the deadline has passed.
Renewal or restoration
Naturally, there are situations when the creditor did not use his right to appeal to the courts to collect the debt for valid reasons. For example, he fell ill with a serious illness and was physically unable to go to court. In such cases, the court, as a rule, makes concessions to the plaintiffs. Upon receipt of a petition from them for an extension of the term, the judge satisfies it and can make a decision to recover funds from the debtor. There is no list of all circumstances that are considered valid in the legislation, therefore, the determination of their legality is entirely the responsibility of the judge.
I am glad to welcome everyone to my blog. Albert Sadykov is with you, and today I would like to finish the topic of the statute of limitations. Moreover, the readers have questions about its calculus.
Let me remind you that in my last article I talked about those enshrined in Chapter 12 of the Civil Code of the Russian Federation. But, as usual, in the process of applying these norms, many different questions arise. Answers to them are usually given by arbitrage practice... First of all, the Resolutions of the Plenum of the RF Armed Forces.
Previously, clarifications on the limitation of actions were contained in the joint Resolution of the Plenum of the RF Armed Forces, the Plenum of the RF Supreme Arbitration Court of November 12, 15, 2001 No. 15/18 “On some issues related to the application of the norms of the Civil Code Russian Federation on the limitation period. "
But it did not take into account the changes made to Chapter 12 of the Civil Code of the Russian Federation Federal law dated 07.05.2013 No. 100-FZ.
Let's consider the most interesting provisions of this Resolution and find out what the Supreme Court of the Russian Federation said about the statute of limitations.
The beginning of the course of the limitation period
First of all, in clause 1, the Plenum of the RF Armed Forces draws attention to the fact that the limitation period (hereinafter referred to as the SID) begins to run from the moment:
- when a person learned or should have learned about the fact of violation of his right;
- this person found out who is the proper defendant in the case.
Moreover, the simultaneous presence of these two circumstances is necessary, and not one of them.
Paragraph 2 establishes a rule for determining the moment of the beginning of the flow of LED in relation to individuals who do not have full civil or civil procedural legal capacity. These are young children and incapacitated citizens.
In case of violation of their rights, the limitation period begins from the day when the circumstances specified in paragraph 1 of Art. 200 of the Civil Code of the Russian Federation, found out or should have known any of their legal representatives, including the guardianship and trusteeship body.
The approach is very reasonable, giving the right to protection of the violated right to those for whom the law secures the ability to independently appear in court.
But the situation is not excluded when the same legal representative exercised the powers vested in him in a clearly inappropriate manner. In this case, the missing LED can be restored:
- at the request of the person represented;
- at the request of another authorized body in the interests of the represented one.
If the right of a person who does not have full legal capacity has been violated by legal representative, then the LED for making a claim for such a violation is calculated from the moment:
- when the violation becomes known by another legal representative acting in good faith (for example, the second parent);
- when the person represented became aware or should have become aware of the violation of his rights and he became capable of protecting the violated right in court, that is, from the moment of the emergence or restoration of full civil or civil procedural capacity.
As for legal entities, the SID, in accordance with paragraph 3 of Resolution No. 43, is calculated from the moment when the sole executive agency... Do not forget that it can consist of several persons.
With public law entities, the problem of limitation of actions is resolved as follows. Authorized bodies act on their behalf. Accordingly, as pointed out by the Plenum of the RF Armed Forces, the limitation period is calculated from the day when they learned or should have learned about the violation of the right of public education.
The Plenum does not define the general criteria for determining the moment when the authorized body did not know, but should have learned about the violation of its right. Although this approach was previously used by the Collegium for Economic Disputes of the Armed Forces of the Russian Federation (Definition of the Armed Forces of the Russian Federation of July 14, 2015 in case N 305-ES14-8858, A40-161453 / 2012). Instead, the most common circumstances are listed, indicating a violation of the rights and interests of public law education:
- transfer of property to another person;
- the commission of actions indicating the use of the disputed property by another person.
Clause 8 of Resolution No. 43 specifies the application of the “objective” 10-year limitation period. This period begins to be calculated from the day of violation of the law, regardless of whether:
- at that moment the person whose right was violated knew about such a violation or not;
- whether it knew who the proper respondent was or not.
This 10-year period applies only at the request of the party to the dispute. Until this moment, the court considers the case in the usual way.
It is also noted that the plaintiff cannot be denied protection of the right if, before the expiration of the 10-year period, there was an appeal to the court in established order or the obliged person committed actions that indicate the recognition of the debt. What kind of actions this is evidenced by it will be discussed below.
An important point - the 10-year period does not apply to claims that are not subject to the statute of limitations by virtue of the law (for example, Article 208 of the Civil Code of the Russian Federation).
Procedure for the application of the limitation period
This section begins with the provision that the limitation period shall be applied only at the request of the party to the dispute bearing the burden of proving the circumstances indicating the expiration of the SID. As a rule, this is the respondent.
If an inappropriate person declares the application of the limitation period, then legal significance it does not apply and the case will be considered further in accordance with the procedure established by procedural legislation. As a general rule, a third party's statement on the application of the limitation period does not entail its application.
An exception, according to clause 10 of Resolution No. 43, is the situation when, when the claim is satisfied against the defendant, the latter may bring a recourse claim or claim for damages to a third party.
Since Chapter 12 of the Civil Code of the Russian Federation does not contain any special requirements for the application form for the application of the limitation period, it can be made both in writing and orally at any stage of the consideration of the case before the decision is made. IN appellate instance it is possible to make an appropriate statement if he proceeded to the consideration of the case according to the rules of production in the first instance (part 5 of article 330 of the Code of Civil Procedure of the Russian Federation, part 6.1 of article 268 of the Arbitration Procedure Code of the Russian Federation).
The plaintiff must prove the circumstances indicating the interruption or suspension of the limitation period.
The restoration of a SID is possible only in exceptional cases and only in relation to an individual due to circumstances related to his personality. Deadline missed legal entity, as well as individual entrepreneurs in accordance with the requirements related to the implementation of entrepreneurial activity, cannot be restored (clause 12).
Attention should be paid to the conditions for the suspension of the IJU when considering the case in court (paragraph 14). Even if the court subsequently applies other rules of law than those referred to by the plaintiff, or the plaintiff changes the way of protecting the right, this does not affect at the time of suspension of the limitation period. It stops flowing from the moment it goes to court.
With an increase in claims, the situation is interesting. As a general rule, as the Plenum of the RF Armed Forces points out, an increase in requirements for determining the moment from which the limitation period ceases to flow also does not affect. Unless the increase in claims is associated with debt for other periods.
This applies to cases where the obligation provides for periods of payment, periodic payments, interest.
For example, the plaintiff initially filed for a debt collection claim for one delivery period. While the case came to the main court hearing, the buyer had a delay in payment for the next delivery period and the plaintiff (supplier) increases claim... In this case, the LED for the changed requirements ceases to flow from the date of the statement of these requirements, and not the original ones.
Finally, we got to paragraph 20 of Resolution No. 43. It reveals the content of Art. 203 of the Civil Code of the Russian Federation on actions indicating debt recognition. Their specification is necessary to determine the circumstances leading to the interruption of the LED. These actions are:
- recognition of the claim;
- amendment of the contract by an authorized person, from which it follows that the debtor recognizes the existence of a debt, as well as the debtor's request for such a change in the contract (for example, for a deferral or payment by installments);
- the act of reconciliation of mutual settlements signed by an authorized person.
The response to a complaint may not necessarily contain an acknowledgment of debt. Therefore, if such recognition is not directly stated in it, then the LED is not interrupted.
The recognition of a part of the debt, including by way of partial payment, does not, as a general rule, indicate the recognition of the debt as a whole.
This position is the opposite of the one expressed in the invalidated Regulation No. 15/18. Now the Plenum of the RF Armed Forces proceeds from the fact that the limitation period for partial payment of the debt is not interrupted.
The latter indicated that the recognition of the debt is evidenced by the recognition of partial payment of the debt.
Example
Under the supply agreement, the buyer received goods in the amount of 100,000 rubles. But it requires a commensurate price reduction to 60,000 rubles. due to the inadequate quality of the goods. The supplier does not accept such a requirement.
Limitation of actions runs from the moment when the buyer did not pay. Two months later, the buyer paid 60,000 rubles. The question is: is the limitation period interrupted?
If we proceed from Resolution No. 43, then it is not interrupted. The plenary considered that this requires explicit recognition of the debt in full.
When the debtor has partially paid the debt and explicitly indicated that he recognizes the debt in the remaining part, then in this case the creditor's right will be considered violated from the moment of non-payment of the remaining part of the debt.
In other words, the debtor says: “Lender, here's 60,000 rubles for you, I know that I owe another 40,000 rubles, I'll pay you later, I have no money now. I'll pay when they show up. And when they will appear - I do not know ".
The debtor paid a part, admitted that he owes the creditor more, but is not going to pay for one reason or another. In this situation, the debtor violated the creditor's right when he refused to pay the remainder of the debt and the term was interrupted.
If the debtor did not recognize the debt, but paid a certain amount, believing, for example, that the rest of the amount presented for payment is unreasonable, then from his point of view, there is no violation of the creditor's right.
It turns out a different situation: “Creditor, here’s 60,000 rubles for you, and beyond that I don’t owe you anything. For those 40,000 rubles, about which you keep telling me everything, the price of the goods should be reduced due to its inadequate quality ".
The situation is difficult. On the one hand, I paid part of it, it seems that the term can be interrupted. But in general, he did not recognize the debt and substantiated why he did not. If the deadline is interrupted, and later it turns out that the demand for a price reduction is justified? Or vice versa, the creditor's claim to pay the remaining 40,000 rubles. unreasonably?
We remember that the limitation period runs from the date when the creditor learned or should have learned about the violation. But in the situation, when, for one reason or another, the debtor does not pay the rest of the debt and does not stipulate its recognition, the existence of a violation of the creditor's right in the remaining part in itself becomes controversial and unobvious.
In this situation, it is hardly legitimate to interrupt the time limit and re-calculate it from the moment that cannot be unambiguously identified as the moment of violation.
I explained the question in detail, I hope everything became clear with this. Go ahead.
If the conditions of the obligation provide for its fulfillment in parts or in the form of periodic payments, and the debtor has recognized only a part of the debt or debt for a separate periodic payment, then the LED is not interrupted for other parts or payments.
One important point - actions for recognizing a debt must come from an authorized person according to the rules of Art. 182 of the Civil Code of the Russian Federation (clause 22).
Limitation period for time payments and interest
This section deals with the calculation of the limitation period for obligations and contracts that involve performance in installments in the form of time-based payments (for example, rent) and interest (for example, on a loan).
In accordance with paragraph 24 of Resolution No. 43, the limitation period for each delayed payment is calculated separately.
In the same way, the limitation period is calculated separately for the claim for the recovery of a penalty or charged for each delayed payment.
According to clause 25 of Resolution No. 43, recognition of the principal debt does not mean recognition of additional claims in the form of a forfeit, interest under 395 of the Civil Code of the Russian Federation, and compensation for losses. Accordingly, with respect to these additional requirements, the LED is not interrupted but continues to flow further.
The limitation period for a claim for payment is calculated according to similar rules.
The last point, within the framework of Decree No. 43, which is worth considering, concerns the calculation of the TID in relation to the main and additional requirements.
The submission of a claim to pay only the principal debt does not affect the course of the term for additional claims. When a claim is filed only for the payment of the principal debt, the statute of limitations for the forfeit continues to flow.
The statute of limitations for the main claim has expired - the term for an additional one has also expired. But an exception is possible.
The parties to the loan (credit) agreement may establish that interest on it is paid after the principal debt is repaid. In this case, the LED on the demand for the payment of these interest is calculated separately and does not depend on the expiration of the period for the demand for the payment of the principal amount of the loan (credit).
"Removing corporate cover" and limitation of actions
In the comments to the previous article, I was asked a question about the calculus of LED in corporate relations... Specifically, when "removing the corporate cover."
A few words about this doctrine.
It appeared for the first time in the Anglo-American doctrine of law. Continental law, in particular, German, it is de jure unknown in this form, but similar situations occur.
Why take off corporate cover?
A legal entity is a fiction. This is the basis of the Anglo-American system of law. This is a definite legal construct created for convenience. In reality, a legal entity, as a tangible, materialized person, does not exist.
The selection of such a structure is caused by the need to unite among themselves not persons, but capital to achieve common economic goals. A classic provision, which is also contained in the Civil Code of the Russian Federation, is the limitation of the limits of liability between the corporation and the participants. The founders (participants) of a legal entity are not liable for the obligations of the legal entity, and the legal entity is not responsible for the obligations of the founders (participants).
This construction is the "corporate cover". Why take it off?
Although the corporation is legally separated from its owners, the latter can use this to achieve illegal goals and unjustified benefits. A legal entity, instead of being an instrument contributing to the achievement of the general economic goals of the participants, becomes a cover for committing illegal actions.
In this case, the independence of the corporation should be ignored, and the guilty participant is personally liable for transactions legally committed by the corporation itself.
In Russian practice, there are cases when a corporation suffers losses due to misconduct director. In this case, the legal entity can recover these losses from the director.
A claim about this can be brought by the legal entity itself or by the participants in the legal entity.
When a claim is filed by a participant in a legal entity, it is taken into account that it is by virtue of paragraph 3 of Art. 53 of the Civil Code of the Russian Federation and Art. 225.8 APC RF acts in the interests of a legal entity. The limitation period runs from the moment the participant learned or should have learned about the director's actions (inaction) that caused losses for the legal entity.
But then another problem arises - how to determine the moment when the participant should have learned or learned about the violation?
You can only catch on here for the annual general meetings. At the general meeting, the director reports on the work done. In this case, it is the acceptance of the report or the expiration of the period for familiarization with it that is the starting point for the limitation of actions. A similar logic is expressed in the Ruling of the Supreme Arbitration Court of the Russian Federation of June 27, 2013 No. VAS-6286/13 in case No. A40-17159 / 12-13-154 (however, it does not address the issue of recovering damages from the director, but the issue of invalidating a major transaction).
A claim can also be filed by a participant who, at the time the director took actions (inaction) that caused losses for the corporation, was not such. This is stated in paragraph 10 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of July 30, 2013 N 62 "On some issues of compensation for losses by persons who are part of the bodies of legal entities." It also states that the course of the SID begins from the day when the legal predecessor of such a participant in the legal entity (for example, the seller of a share or shares) learned about the violation by the director or should have learned about it.
The same paragraph clarifies the issue of the beginning of the course of the limitation period when filing a claim by the legal entity itself:
“In cases where the relevant claim for damages was presented by the legal entity itself, the limitation period is calculated not from the moment of the violation, but from the moment when the legal entity, for example, represented by the new director, received a real opportunity to learn about the violation, or when the violation learned or should have learned the controlling participant who had the opportunity to terminate the powers of the director, except for the case when he was affiliated with the said director. "
Despite the obvious solution to the problem, some believed that the moment the corporation found out about the violation by the director was the moment the unscrupulous director himself found out about it.
The idea smacks of some delusion, but it seems to come from a direct identification of the director with a legal entity. Here we are already running into a problem: is the director a body or a representative of a legal entity?
Nevertheless, the statute of limitations should begin to flow from the moment when the corporation learns about the violation in the person of the new director or the participants who had a real opportunity to remove the director learned about the violation.
That's all there is to say about the statute of limitations today. The topic is interesting, new questions constantly arise. Therefore, most likely, the article will be updated periodically. For example, within the framework of the same “removal of corporate cover”, it would not hurt to consider the issue of determining the beginning of the limitation period when creditors' claims are filed against the debtor's manager in the framework of bankruptcy proceedings.
That's all, I hope the article was helpful. Leave comments, repost and ... see you in the next article!
Best regards, Albert Sadykov
The limitation period is the term for the protection of the right at the claim of the person whose right has been violated. Those. we are talking about the period during which the creditor can sue in court to collect the debt. The general limitation period, according to Art. 196 of the Civil Code of the Russian Federation, is 3 years, says lawyer Vladimir Goncharov, whom AiF.ru asked to tell about the nuances in more detail.
From what moment does the limitation period start?
Contrary to popular belief, the statute of limitations does not start from the moment when the loan agreement was signed. Its course is determined in accordance with Article 200 of the Civil Code of the Russian Federation. According to her, the limitation period begins from the moment when the person whose rights were violated learned about this violation, and also found out who exactly is the defendant in the claim for the protection of this right.
With regard to relations with banks, to determine the limitation period, in particular, Part 2 of Art. 200 of the Civil Code of the Russian Federation. There are several conditions that allow you to determine the beginning of the course of this period:
1. If the term for which you must repay the loan is prescribed in the agreement, then the limitation period will be counted from the moment of its expiration.
2. If there is no deadline, then from the moment when the borrower did not repay the next payment.
3. If you have not paid within 90 days, the bank may require you to repay the entire remaining amount on the loan. In this case, the limitation period is counted from the moment when the bank made its claim. But if in it the bank indicates the period by which the borrower must pay off, then the limitation period will be counted from the end of this period.
4. Sometimes it happens that even the beginning of the limitation period is spelled out in the agreement - but it will also come into force only from the moment by which you had to repay the loan. It is important to know here that the limitation period, in any case, cannot be more than 10 years from the moment the obligations arise.
The limitation period for additional obligations, interest, penalties, fines expires simultaneously with the terms for the principal amount of the debt. It is worth noting that this moment has nothing to do with the date when they were credited.
When can the limitation period be suspended?
This is possible in several cases. If a:
- the bank could not present a claim to the borrower on time due to some extraordinary and unavoidable circumstance (the so-called force majeure);
- the plaintiff or defendant is part of the Armed Forces of the Russian Federation, transferred to martial law;
- The Russian government has established a deferral for the fulfillment of these obligations (ie, a moratorium);
- the operation of the law regulating the arisen legal relationship was suspended;
- the parties resorted to the legal procedure for resolving the dispute outside judicial procedure(mediation procedure, mediation, administrative procedure, etc.).
Can a bank take legal action if the statute of limitations has expired?
Many are interested in whether a credit institution can go to court with a claim for the return of credit funds, beyond the statute of limitations. He can apply, but if, during the consideration of the case, at the court session, the defendant receives an application for the omission of the limitation period, the court must terminate the case, rejecting the claim due to the omission of the statute of limitations. Naturally, after this, the bank may try to initiate a criminal case for fraud (Article 159 of the Criminal Code of the Russian Federation).
Limitation period- this is a period of time within which you can protect your rights and interests in court. The limitation periods differ in their duration - we will tell you about what they are in this article.
General limitation period: how much and when does the period begin
As a general rule, a citizen can seek the protection of his rights through the court within 3 years from the moment he became aware of:
- about the fact of violation of his rights;
- about the person to whom a claim should be brought to restore his rights.
This three-year period is called the general statute of limitations. It always applies when regulation no other (more or less long) period of time has been established for judicial protection(special term).
It is important to understand that the time for filing a claim begins to be calculated not from the moment of violation of any rights of a citizen, but from the day when he learned (or should have learned) about the two circumstances listed above. However, the law stipulates that the limitation period cannot be more than 10 years from the day when the rights of the plaintiff were violated (Article 196 of the Code of Civil Procedure of the Russian Federation).
In cases where the agreement between the parties provides for a specific period for fulfilling the obligation (for example, to repay a loan), the course of the limitation period begins on the next day after this moment.
Special terms and their types
The limitation periods, called special, are provided as The Civil Code and other legislative acts.
The following types of special terms can be distinguished:
- Duration less than a year (for example, persons wishing to challenge the dismissal can file a lawsuit against the former employer only within 1 month).
- One-year terms, in particular:
- in case of improper performance of work under the contract agreement (the exception is cases when the customer has claims against the constructed building - then the general term will apply);
- for agreements on the carriage of goods, if one of the parties is not satisfied with the actions of the other party (it should be noted that in this case, before going to court, it is necessary to send a claim to the other party in writing);
- for claims for recognition of illegal voidable transactions (these include, for example, transactions concluded as a result of deception or deception);
- also, within a year after discovery, it is possible to legally recover the material damage that the employee caused to the employer.
- Two-year terms (for example, for disputes arising from a property insurance contract).
- Long periods exceeding the general limitation period (for example, for claims for compensation for damage from marine oil pollution, a limitation period of 6 years is provided).
Consequences of the expiration of the limitation period. Restoring the term
The omission of the limitation period does not deprive a citizen or an organization of the opportunity to file a claim in defense of their interests - even in this case, the court will accept the statement of claim for consideration. Moreover, the judge, on his own initiative, should not find out whether the statute of limitations has been complied with or not. But if the opposite side during the process says that the deadline has been violated, the court will be obliged to check this moment. If it turns out that the plaintiff actually applied to Judicial authority after the expiration of the limitation period, the likelihood of refusal to satisfy the claim is high.
If the defendant (due to ignorance of the law or for another reason) does not declare that it has not met the deadline for filing a claim, the case will be considered according to general procedural rules. In this case, the plaintiff has a chance to win the process.
It should be noted that there are a number of claims for which the Civil Code of the Russian Federation does not establish a statute of limitations. These include requirements:
- on the issuance of a bank deposit;
- protection of various intangible benefits;
- compensation for harm to health and life;
- termination of violations of property rights.
For individuals, the law allows the restoration of the deadline for filing a claim. But this is possible only in exceptional situations, for example, if a serious illness prevented the timely filing of a claim. The question of whether there are reasons to restore the term is decided by the court.
A situation is possible when the debtor, not knowing that the limitation period has already expired, voluntarily fulfills his obligations. In this case, when he nevertheless finds out about the expiration of the time limit, he will not have the right to demand to return back what was transferred to him to the other party.
Don't know your rights?
The limitation period for debt to the bank (on a loan)
The duration of the limitation period, during which a credit institution can collect a debt, is not controversial - in this situation, the general rule of a three-year period applies. But regarding the moment from which this period should be counted, there are different views among judges and practicing lawyers.
More often than not, the judiciary takes the position The Supreme Court set out in Resolution No. 15 of 12.11.2001. This document states that in case of delay in making periodic payments, the limitation period is calculated separately for each such contribution. These deadlines begin the day after the date on which the amount is due. For example, if the installment on a loan in the amount of 5,000 rubles. must be entered no later than February 10, then the limitation period for the enforcement of this amount will be counted from February 11.
However, some courts determine the limitation period from the end of the loan agreement. For example, if a loan is taken for 4 years, then only after this time will the period for filing a claim begin (immediately for the entire amount of debt). With this interpretation of the law, the bank has much more time to collect the debt from the borrower. But if a person who is in debt on a loan comes across a similar approach of the court, he may well challenge his decision, referring to the above-mentioned resolution of the RF Armed Forces.
In some cases, the limitation period is interrupted and restarted from scratch. The limitation period will start counting anew from the moment:
- partial repayment of the debt by the borrower;
- signing of any document between the bank and the debtor (protocol, agreement, etc.), in which the borrower acknowledges that he has a debt to the bank.
But the sale of debt to a collection agency will not affect the course of the limitation period.
As for the term for collecting interest on the loan, it ends simultaneously with the expiration of the statute of limitations on the principal debt.
However, it should be noted that even after the expiration of the limitation period, bank employees will have the right to send letters to the borrower with a demand to return the debt, call him on the phone, and also transfer the debt to the collectors. Therefore, one should not hope that after the expiration of the limitation period, the bank will forget about the client who did not return the loan.
What is the statute of limitations for taxes?
The term for collecting taxes from citizens through the court is established by the Tax Code of the Russian Federation. From legal entities, the IFTS collects debts by writing off money from a bank account (without going to court).
After the tax inspectorate has discovered an arrears (tax debt) in a citizen, it is obliged to send a demand to him to pay off the debt. It specifies the period for voluntary payment of the tax amount. If within this time the debtor does not pay off the debt, then the limitation period for collecting taxes will begin to be calculated.
However, when applying to the judicial authority, the Federal Tax Service Inspectorate must comply with certain rules:
- If the total amount of debt on taxes, penalties, fines exceeds 3,000 rubles, then the inspectorate shall submit an application to the court within 6 months from the day the time has expired for voluntary fulfillment of the requirement.
- As long as the debt is less than RUB 3,000, the tax authority does not go to court. If a citizen again fails to pay any tax on time, the next demand is sent to him to pay off a new amount of debt. If the total amount owed for the previous and current claims exceeds 3000 rubles, then the IFTS will file a lawsuit within 6 months from the date set for the voluntary execution of the second requirement.
- If the total amount of debt is still less than 3,000 rubles, then the inspection must wait until this amount increases to 3,000 rubles. After that, she goes to court for recovery.
- If, within 3 years from the day established for the fulfillment of the very first requirement, the amount of debt has not exceeded 3000 rubles, the inspectorate files a claim for the existing amount (even if 10-15 rubles). As for the limitation period, its term is six months and begins after the end of the named three-year period.
Such complicated rules appeared in the Tax Code of the Russian Federation several years ago. This is due to the fact that before their introduction, the tax authorities sent to the courts a huge number of applications for small amounts. This made the work of the judicial institutions very difficult. Now, as a rule, the application is sent only after the tax debt exceeds 3,000 rubles.
What are the statute of limitations for compensation for damage from an accident?
If, as a result of an accident, harm is caused to the life or health of people, then the possibility of compensation is not limited by the limitation period. In cases where the victim goes to court after a significant period of time, compensation is paid to him for the past time (but not more than 3 years).
To cover property damage from an accident limitation period apply. Depending on the nature of the damage, the following deadlines are established:
- 3 years - for making claims to the perpetrator of the accident or a claim - the insurance company that insured the civil liability of the perpetrator of the accident (under the OSAGO policy);
- 2 years - to file a claim against an insurance company that has insured a damaged car under a property insurance contract.
Limitation period for non-payment of wages
The Labor Code of the Russian Federation says that an employee can sue the employer within 3 months from the moment he learned about the violation of his rights. This rule also applies to claims for the recovery of earnings. Since this limitation period is rather short, it is very important to correctly determine when it starts.
The Supreme Court, in Resolution No. 2 of March 17, 2004, expressed the opinion that if the employee continues to work under a contract with this employer, then the relationship on the payment of wages is continuing. Consequently, the term for this employee to go to court cannot be missed. Such a conclusion of the highest judicial instance used by courts to this day. This approach is valid for those cases when earnings are accrued, but not issued to the employee.
In other cases, when determining the beginning of the limitation period, the courts take into account the specific circumstances of the case. In most cases, the time for filing a claim is:
- from the first day of delay in wages;
- or from the day of dismissal of an employee who was not given final payment on the day of dismissal.
If the employee missed the statute of limitations for any good reason, the court considering the case may restore it.
In conclusion, it should be noted that the provisions of the statute of limitations are very important. Timely appeal of the plaintiff to the court significantly increases the likelihood of a favorable outcome for him.
Most borrowers are trying to grab a lifeline with all hands - the statute of limitations on a loan debt. For many of the people it is a big mystery how this method can be used. A large number of forums recommend that you first get advice from an experienced lawyer, but if this is not possible, then we will try to help you. In this article, you will find out if there is a statute of limitations for loans.
What is the limitation period for a loan
Everyone knows about the period in lending practice, during which a banking organization may require debt repayment. At the same time, she can bring the debtor to court because of an unpaid loan. This period is the limitation period for the loan. Debt repayment and the demand for it can be carried out only during this period. You can use this practice to be able to avoid repaying the loan by waiting for the period to expire. These attempts are thwarted by various methods. But still, for some people, it is the expiration of the statute of limitations that may be the only way out of a difficult situation.
How to correctly calculate the limitation period for a loan
In this publication, you will learn about the statute of limitations for a loan if it is not paid. According to the time period, the limitation period of the loan is 3 years. But in this case, there are several views and points of view, which specific moment can be considered the start of this period. It is clear that the date of the loan agreement cannot be a starting point. In court, it is considered convenient to start counting the date of the last payment under the loan agreement. But nevertheless, some courts may make such a decision: when the loan agreement expires, then the limitation period for the loan will begin. Based on this, the execution of these decisions is a very rare case. Under the law, the borrower has the right to appeal and thus change the result. The correctness of the first opinion is also indicated by the fact that the judicial practice applies to everyone equally: to loans for production, and to consumer loans, and even to credit cards. As for the latter option, they have no statute of limitations. Based on this, a report can be produced only from the last transaction. Despite this, the collection from the resulting loan debt and the demand for its return will also end in 3 years. But still, there is such a situation when the limitation period for enforcement proceedings ships will be calculated slightly differently. Using this principle cannot enter into its legal force if the debtor entered into communication and official correspondence with a bank employee, for example, with the executive director of a bank. In this case, the counter will be reset to zero. The limitation period for a loan agreement is a history that has its own time limit. Based on this, you do not need to believe various intimidations of banking institutions or collection agencies at the end of the specified period.
Consequences of the expiration of the limitation period
Sometimes, even after the expiration of the limitation period, banks do not stop demanding the client to return the money. In order to solve this problem, a legally savvy debtor can simply file a petition. This document must necessarily contain information that the limitation period for the enforcement proceedings of the court is over, and the bank has no right to demand unpaid funds. It should also be remembered that the duration of the three-year period will not be affected by the appeal of a banking organization for help to collectors.
The court cannot prohibit the bank from making calls and reminding the client of non-refund, even if the limitation period has ended. And even this situation has its own solution: the borrower needs to draw up an application. It should ask you to withdraw your personal data. Thanks to this action, banks are gradually beginning to forget about their debtors. It cannot be ruled out that you will be included in the black list of the bank. Because of this, you may have problems associated with applying for a new loan.
The role of collectors
Now it's time to talk about whether collectors have a statute of limitations on loans. No banking organization will simply agree to take and forgive its client's debts. For this reason, they often seek help from the relevant organizations - Collection agencies. You will be very lucky if the employees of such a company just call and threaten. But still, they adhere to different tactics. Many unscrupulous collection agencies begin to paint the walls with threatening inscriptions at the entrance of the debtor, pierce tires, fill the keyhole with glue, etc. Sometimes, they even go to extreme lengths, hiring strong guys to seriously conduct a conversation with the debtor.
In this case, the citizen has protection: you must immediately file a complaint with the police. In the event that threats are received, then you need to contact the prosecutor's office. Then the collectors will lag behind their debtor, since they are carrying out illegal activities. And they are unlikely to want to deal with higher authorities. It should be noted that the statute of limitations regarding debt collection is in no way related to the transfer of information to collection agencies. Thus, the bank wants to speed up the return of its funds, but it does not maintain contacts with the borrower.
Is there a limitation period for unpaid loans? Of course! To protect themselves from unpleasant stories, debtors should know some rules.
- It should be remembered that the term for a loan debt lasts three years. After the end of its action, you do not owe anything to anyone. But this is not a guarantee that the banking organization will forget about you after this period.
- The limitation period begins with the last transaction, but only if you have not contacted a bank employee by phone. Even an ordinary conversation on the phone can cancel this period.
- In the event of a collision with the collection bureau, you must write a statement with a complaint about them to the police department or, in extreme cases, to the prosecutor's office. The activities of the collectors are invalid. For this reason, you have the right to claim your own integrity and you and your property.
- You need to seek help from specialists - credit lawyers, in order to try to understand your individual case. Depending on the terms of the concluded agreement and the region, there may be different methods of solving the problem. You should also take into account all the existing nuances, and the specialist will be able to tell you the best options.
- Try to pay off loans on time and carefully study all the conditions when you draw up a loan agreement at a bank. The latter, of course, will not want to go bankrupt, just because you have not read the points regarding the timing.
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