Payment of utilities is the responsibility of any owner of the premises: both residential and non-residential. Everyone knows that it is mandatory to deposit money monthly at the statutory time prescribed by law. But what is the limitation period for collecting utility bills? How real is the chance of using it? What important nuances should both the service provider and the consumer focus on?
We all have to pay
Gas, water, heat, electricity - these are the resources, the obligation of supply of which is fixed in the contract of the consumer with the supplier. If they are violated, the supplier reserves the right to apply various sanctions, including interest or disconnection of the resource.
In the absence of the proper effect, the right of the supplier is to appeal to the court. But he guarantees a positive solution only when the so-called limitation period has not yet been missed. As a rule, the other party claims the pass - the defendant.
As you know, the legal relationship between suppliers and consumers of services belong to the scope of civil law. For their violation provides legal liability with all the ensuing consequences. More often than not, extreme penalties are not reached - the utility company is trying to resolve disagreements with consumers with less dramatic means. And only in dealing with malicious defaulters, the company can go to court.
Talk about the statute of limitations for utility bills
What is this term? What does he have to do with housing and communal services? Let us briefly touch upon its legal nature. General information on this issue can be found in article number 195 of the Civil Code of the Russian Federation. The application of the limitation period for utility bills may affect the interests of both the defendant and the plaintiff. The claim period (officially called the limitation period) is generally determined in the form of a time period, legally approved and not subject to change by the will of the parties.
There are two types of statutes of limitations:
- General - its duration is 3 years.
- Special - it all depends on the situation. This option relates to individual special cases.
The situation we are considering relates to the first option - general terms. What does this mean in practice? If during the court hearing the defendant declares the application of limitation for utility bills, then his debt for the payment of utility bills will be reduced and will amount only to payments for the last three years before the time the lawsuit is filed.
There may be many reasons for the consumer to stop paying for utility bills. It is necessary to consider a couple of important nuances:
- The decision to collect such debt in favor of the supplier may be made solely by the court.
- The application of the limitation period for utility bills is claimed only by the interested party. It is not the duty of the plaintiff. As such a party, only the defendant usually acts. In the event that he does not know his rights to the plaintiff (housing company), it is realistic to collect the debt in full (including for a period exceeding three years).
In other words, compliance with this deadline is the defendant's concern, since it is unprofitable for the plaintiff to remind the court of it. And the court in these circumstances does not have the right to put forward such an initiative. Prepare to defend their interests the defendant is in advance by filling out and submitting the appropriate application.
Going to court
As already mentioned, going to court in connection with the non-payment of a communal apartment is an extreme measure in relation to debtors. Quite often, the representatives of the management company the issue of the limitation period for utility bills is overlooked and the application is submitted after the expiration date.
If the defendant is aware of such a deadline, a petition may be filed with an indication of his pass. In this case, the court may exercise the right to revise the claims stated earlier and reduce the amount of the penalty.
What documents are needed?
When filing a claim for the forced collection of debt by the management company, a package of papers should be prepared consisting of payment documents with information about the personal account of the debtor and any recorded written negotiations with the non-payer (if any), as well as receipts for payment of the duty. A complete list of documents is specified in each case.
The only "paper" that can be prepared by the defendant is an indication of the passage of the same statute of limitations. For example, in the form of an objection to the statement of claim, the defendant must take into account the following points:
- The statute of limitations dates do not have to be indicated on the application. An indication of the fact of omission thereof is quite sufficient.
- If the court recognizes the pass as valid, the claim may not be considered due to the need to clarify new circumstances in the case.
- We remind you once again - the deadline will be taken into account only if the relevant application is submitted.
You can file such an application at any time before a court makes a decision. But it would be better if the defendant announces the deadlines in advance (for example, at the preliminary hearing stage). If, for some reason, the defendant cannot use this right or does not want to, then most likely he will have to pay the entire debt.
What increases the chances of success?
The court is likely to take the application into account if:
- Debt was not actually recognized by the defendant, and no payments were made in repayment.
- No documents on the topic (that is, regarding debt) were signed by the parties.
- Recognition of debt by the defendant in court was also not announced.
Having lost sight of the issue of limitation, the utility company sharply reduces its own chances of satisfying its claim. In practice, this means the lack of the possibility of re-handling the same claim.
What does the statute of limitations on utility bills say?
There is no separate provision in the rules of law regarding the limitation period for payments for utility bills. Therefore, in this situation, they resort to the application of the general term prescribed in the legislation on civil cases. Here we also mention those regulatory documents that govern our direct responsibilities for making payments for housing and communal services.
In addition to the Housing and Civil Codes of the Russian Federation, this is Decree of the Government of the Russian Federation No. 354. In addition, local legislative acts can be adopted at the level of each region. Each of these standards contains a whole set of requirements and rules related to the sphere of rights, interests and obligations of both the provider and the consumer of services.
In the civil law, as you know, contains the whole set of rules related to a wide variety of types of transactions. One of the many varieties of these are supply contracts. Legal relations arising between the supplier and consumer of services oblige the first of them to deliver on time in accordance with established standards. The rights of a service provider, enshrined in law, include the right to demand timely payment from consumers for these services.
How can a supplier protect its rights?
Legal methods of protecting one’s own rights for him consist in filing a claim in the form of a claim, penalties of a penal nature or going to court. The option to solve the problem depends mainly on how soon the debt for the service will be paid.
If the requirements to pay the rent are ignored, the appeal to the court is received, as a rule, six months after the date of termination of payments. Individual consumers of services manage to avoid payment for a number of years. This is where the catch lies for the plaintiff, that is, the utility company. As judicial practice shows, the limitation period for utility bills is not always controlled by it. Out of forgetfulness or basic legal illiteracy, she tries to take into account the full term of non-payment. But few of the residents will want to part with money so easily if there is a legitimate opportunity to save. That is why in judicial practice the statute of limitations for utility bills appears very, very often.
Please note: filing such a counterclaim does not automatically satisfy it. There are situations when the limitation period was interrupted. For example, debts were accumulated over a five-year period, but if a partial payment of the debt for a given time was made or an installment agreement was concluded with the management company, the plaintiff has a chance to prove that the debt was officially recognized by the non-payer and is now payable. To the interruption of the limitation period may be attributed to each payment made separately.
Debt cancellation option
From a legal point of view, a debt to a utility provider means goods released but not paid. This leads to a negative impact on the financial condition of the supplier in connection with his purchase of a resource, distribution over networks, payment of salaries to employees, etc. But, according to the current legislation, not every debt can be recovered.
In what cases can debts be canceled? Here are the possible situations:
- Expiration of the established period of time for presenting a claim.
- Bankruptcy, liquidation of the debtor or physical death of the defaulter.
- Due to the inability to execute the judgment by the bailiffs.
This list of legal grounds to write off the debt from the deadbeat is exhaustive.
Some nuances
The court will take a lawsuit regarding the recovery of debt for utility bills in any situation - whether or not the limitation period for utility bills has expired. And only in the case of a statement of this period by the participant in the process before the court decision is made, such a circumstance will be taken into account. Of its own free will, the court does not have the right to apply limitation of actions in connection with the contradiction of this action to the main provisions of the proceedings.
The situation with the payment by the debtor interrupts the limitation period. The company does not have the right to deposit funds on current payments of the consumer to pay three-year debt - this is illegal. If the debtor finds an unrecognized debt for utility bills, the statute of limitations of which has already expired, his right is to apply to the court with the filing of a claim for unlawful accrual. But in this case, the concept of a missed deadline may work in favor of the service provider, who can just as well apply it in a counter petition.
Possible tricks
That is why it is important to understand the essence and types of such a period, as well as when exactly it can really be applied. In the concept of debt recognition, many are confused. It should be understood that the monthly payment for a certain period does not indicate the actual recognition of the debt. We can only talk about the recognition of its part, but not the whole.
Even the courts sometimes address this issue incorrectly. The petition may be denied with reference to several payments made and the alleged recognition of all debt. This subtle legal point may not be taken into account even by human rights defenders. Debtors themselves may not know anything about this due to legal ignorance.
If the court makes a decision refusing to take into account the passage of the statute of limitations, the right of the defendant is an appeal of this judicial act and the possible sending of the case for a new consideration. In this case, there are chances to write off part of the debt.