Fighting against debt collectors

Recently, an increasing number of clients have been facing requests from debt collection agencies for old debts, sometimes even after many years since the last payment or the issuance of the enforcement title. It is essential for individuals in such situations to know their rights and understand that, under certain conditions, they are not legally obligated to pay these amounts. It is important to know that the current legislation protects you and that there are legal mechanisms through which you can defend yourself against such claims.

 

You have likely heard at some point that an acquaintance of yours was taken to court, with a request to obligate them to pay amounts related to contracts signed in the past. Additionally, you may even know individuals who are subject to enforcement, also for such old debts.

 

You might even find yourself in such a situation. The key point is that there are solutions for such issues, and we are here to assist you.

What you need to know about the statute of limitations?

The statute of limitations is a legal mechanism through which the creditor's right to request enforcement or to file a lawsuit is extinguished after the passage of a certain period of time. This principle protects debtors from abusive claims and encourages creditors to exercise their rights within a reasonable timeframe.

 

Check if more than 3 years have passed since the last payment or the date of the enforcement title.

The first and most important step is to consult a lawyer to review your case. It is possible that the old debts are over 3 years old, and in such cases, the "statute of limitations" may be invoked.

In such situations, there are two types of statute of limitations you need to consider:

1. The statute of limitations for the material right to action (Article 2500 and following of the Civil Code);
2. The statute of limitations for the right to obtain enforcement (Article 706 and following of the Civil Procedure Code).

 

In the following lines, we will briefly present the most relevant aspects you should consider, depending on the two "different" types of statute of limitations.

a. The statute of limitations for the material right to action:

The material right to action is extinguished by prescription if it has not been exercised within the term established by law (Article 2500 Civil Code). The general statute of limitations period is 3 years (Article 2517 Civil Code).

When it comes to successive performances, the statute of limitations for the right to action starts to run from the date when each performance becomes due, and if the performances form a unitary whole, from the date when the last performance becomes due (Article 2526 Civil Code).

The statute of limitations can only be raised in the first instance, through an answer to the lawsuit or, if not invoked, at the latest at the first court hearing at which the parties are legally summoned (Article 2513 Civil Code).

What follows from the legal provisions mentioned above? If more than 3 years have passed since the last payment or the debt’s due date, and the creditor or debt collector takes legal action against you, you can invoke the statute of limitations for the material right to action. Therefore, the court will dismiss the creditor's claim as time-barred.

 

b. The statute of limitations for the right to obtain enforcement:

The right to obtain enforcement is extinguished after 3 years, unless the law provides otherwise (Article 706 of the Civil Procedure Code). The statute of limitations period begins when the right to obtain enforcement arises.

The statute of limitations does not operate automatically; it only applies upon request by the interested party. The statute of limitations extinguishes the right to obtain enforcement, and any enforcement title loses its executive power (Article 707 of the Civil Procedure Code).

What does this mean? If the enforcement title (such as a credit contract, a court decision, a promissory note) is over 3 years old and the creditor has not initiated enforcement within this period, you can challenge the enforcement by invoking the statute of limitations for the right to request enforcement. The statute of limitations for the right to request enforcement can be invoked through a challenge to the enforcement process.

Not every debt must be paid, especially if the legal statute of limitations has expired. If you are contacted by a debt collector or are subject to enforcement for an old debt, consult a lawyer immediately. Knowing your rights and acting in a timely manner can spare you from having to pay certain amounts.

 

On numerous occasions, we have been able to assist our clients in such situations. We stand by your side every step of the way, providing the necessary support to successfully navigate these challenging situations. The statute of limitations is a legal right that protects you, and you can use it in your defense.

 

Feel free to rely on our services, and the results will follow promptly. Your fight is our mission!