The limitation period for debts is the period during which creditors (and this can be anyone) can recover debt from the debtor through the court. This term is enshrined in the law and after its expiration, creditors are unlikely to be able to restore their rights - to repay the debt through the court. Debts can be owed to the housing and communal services (unpaid rent), to creditors of the enterprise, debt to an individual (ordinary citizen), if there is a receipt, loan debt, debts of a deceased relative who left you an inheritance, including in the form of debt. For different types of debts, the law sets its own term for going to court, but there is also a general one that is valid in most situations - three years.
Although the limitation period for debts expires, the creditor does not lose the right to go to court. But if only the defendant consults with a lawyer and the petition or objection to the lawsuit is filed, and the expiration of the limitation period will become the basis .
The law provides for such cases when the limitation period can be extended “to infinity”. For example, transactions in which the rules for concluding agreements are violated (an agreement is not drawn up correctly, an imposed transaction, an agreement that violates important civil rights) - they cannot be affected by the statute of limitations, since this is a serious violation. All situations in which the limitation period cannot be applied are described in article 208 of the civil code, but there are no substantive rights among them. Therefore, the limitation period for debts is established in general cases at three years. These general circumstances include debts on receipt (the statute of limitations on receipts should start from the first day after the expiration of the payment term specified in the receipt), loan debt (starting from the end of the loan agreement), and receivables (debts firms). The limitation period for receivables is calculated from the day the contractual relationship with partners, creditors, and suppliers ends. After the statute of limitations, the debt is written off in accordance with all accounting rules (tax and civil codes). If there is no contract, the limitation period is counted from the day when the creditor has the right to demand payment of the debt from the company.
And on the other hand, the term continues to expire, even if the debt has “changed the owner” - he transferred to the new owner as an inheritance, or during the reorganization of the company. Over time, judicial practice has shown that it is necessary to introduce into the law a list of situations in which the limitation period for debts could be considered suspended. Some courts have already listened to this opinion of the Supreme Court and apply in court cases, in certain circumstances. For example, if the debt was paid by the debtor at least partially during the limitation period.
It is also important to know from what date the calculation of a given period begins (Article 200 of the Civil Code). The limitation period begins on the day when the creditor becomes aware that his right has been violated (in this case, the debt obligation has not been fulfilled, the debt has not been paid). There are situations when the creditor exaggerates the date of calculation of the term (in his interests), and the debtor understates (in his own). And only the court can judge which of them is closer to the truth from the point of view of the law. The main thing is the presence of strong evidence from one side or another. The most significant evidence in these cases, of course, is the contract, whether it be a loan, a supply contract , an agency contract, or even a receipt (if only it had the date when the borrower should return the money received). And since there is an agreement, the relationship between the creditor and the debtor is called "with a specified deadline." When this period ends, and the debt is not paid off, the calculation of the statute of limitations begins. If there is no contract or other document that states the term for fulfilling obligations on a debt, then the statute of limitations is more difficult to determine. The lender can call any date when he becomes aware that the debt will not be repaid. In these cases, you should rely on an oral agreement on the timing.
Despite all the difficulties, the limitation period for debts is a completely justifiable measure, because the debtor sometimes needs protection from prosecution of creditors. And three years is a reasonable time to restore your rights, in the case of debts, more is not necessary.