It may be said viciously that the law protects the ones who know it. It may seem unfair to a part of the creditors since nobody conducts any obligatory courses e.g. in the field of the bases of the law before commencement of business activity for business beginners, but still: dura lex, sed lex. This is what the surprise and the sense of bitterness of a part of creditors who suddenly learn that their long indulgence has resulted in the fact that they have lost the chance for recovery of the money due to them results from.
If happens quite often since after some time even legitimate and documented claims undergo prescription. It means that even though the creditor may make an attempt to pursue the claim before court, after expiry of the time limits provided for in the Act, in the course of the court proceedings, the debtor may raise a legitimate accusation of prescription. If they do it, the receivable of this type should be included in lost debt.
Therefore, it is worth learning that for claims resulting from conducting of business activity, the prescription period is 3 years but already in case of the claims for payment for sale of an object – only 2 years and only one year for the debt resulting from transport and forwarding agreements. The payment term is crucial as the prescription time starts running therefrom.
What to do if we already know that the chances for amicable enforcement of the debt are minor and the time passes by inexorably?
The entrepreneur has the possibility to stop the running of the prescription period through submission of a petition for issuance of the order for payment to court. Another way is submission of an application for summons of the Company to a conciliation hearing to court, which is connected with much lower costs and gives the same effect, i.e. even if it does not lead to conclusion of the settlement, it will stop the running of the prescription period. Persuading the debtor to accept the debt also stops the running of the prescription period.
An agreement concluded between the parties, in which the parties confirm existence of the debt and its amount, and payment of interest, partial payment of the liability, request of the debtor to the creditor for spreading of the receivable into instalments as well as deferral of the payment term or lowering of interest is acceptance of the debt.
Published on: 28 February 2014