Limitation period for civil cases. Statute of limitations Statute of limitations for receipt

Last year, a landmark resolution of the Plenum of the Armed Forces of the Russian Federation dated September 29, 2015 No. 43 “On some issues related to the application of norms” was published Civil Code Russian Federation about limitation period"(hereinafter referred to as Resolution No. 43). Let us consider and comment on the most important provisions of this document, and also tell you how they will affect the work of companies.

Resolution No. 43 was developed taking into account changes made to the legislation from September 1, 2013. It interprets in more detail controversial issues that were previously explained in the joint resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 12, 2001 No. 15, and the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 15, 2001 No. 18 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period”, which has become invalid (clause 28 of Resolution No. 43).

FYI

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The updated provisions of the Civil Code of the Russian Federation on the limitation period and the rules for calculating them apply to claims that arose after September 1, 2013, as well as to claims, the deadlines for submission of which were provided for by previously applicable legislation and did not expire before September 1, 2013 (clause 27 Resolution No. 43, resolution of the Ninth Arbitration Court of Appeal dated November 18, 2015 No. 09AP-46498/2015-GK in case No. A40-83942/2015).

The document covers questions about the beginning of the limitation period and the procedure for its application. The provisions on restoration, suspension, and interruption of the term are analyzed. Situations where only one of the co-defendants or a third party declares the application of the limitation period are considered.

The concept of limitation of actions

Companies whose rights have been violated may seek protection in court. According to paragraph 1 of Resolution No. 43, the right subject to protection by the court should be understood as the subjective civil right of a particular person. A subjective right is a person’s claim to some good or form of behavior, recognized by law, the use of which depends on the will of the subject.

But the defendant should not remain indefinitely in a state of uncertainty, under threat court decision against him. That's why the possibility of defense is limited by the statute of limitations (Article 195 of the Civil Code of the Russian Federation, hereinafter referred to as the Civil Code of the Russian Federation).

Clause 1 of Art. 10.1, clause 1, art. 10.9 Principles of international commercial contracts UNIDROIT 2004 (hereinafter referred to as the UNIDROIT Principles) say that the expiration of the limitation period does not terminate the right, but only prevents its enforcement. In this case, the violated right itself is preserved. Therefore, a person whose rights have been violated may apply to court even after this period has expired.

Statute of limitations

By general rule it is three years (clause 1 of article 196 of the Civil Code of the Russian Federation). But there are many exceptions to this provision.

Special dates

In some cases, the limitation period may be less than the general period. It should be noted that the establishment of shortened deadlines in the law does not violate the right to judicial protection provided for in Part 1 of Art. 46, part 4 art. 37 of the Constitution of the Russian Federation, because the right to defense itself is preserved.

Below are some examples of shortened statutes of limitations:

• pre-contractual disputes can be resolved within six months from the moment the disagreement arises (clause 2 of article 446 of the Civil Code of the Russian Federation);
• under a contract for the sale and purchase of goods for which there is no guarantee, the statute of limitations is two years (clause 2 of article 477 of the Civil Code of the Russian Federation, clause 1 of article 19 of the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” );
• for claims for declaring a contested transaction invalid, the limitation period is equal to one year from the day when the plaintiff learned (should have known) about the circumstances that are the basis for declaring the transaction invalid (clause 2 of Article 181 of the Civil Code of the Russian Federation);
• the deadline for requests to refute defamatory information disseminated in the media is one year from the date of publication (clause 10 of article 152 of the Civil Code of the Russian Federation);
• the decision of the meeting can be challenged in court within six months from the day when the person learned or should have learned about the violation of his rights (Clause 5 of Article 181.4 of the Civil Code of the Russian Federation). In this case, you cannot file a claim after two years from the date on which information about the decision taken became publicly available to society participants;
• The statute of limitations for claims made in connection with inadequate quality of work (clause 1 of Article 725 of the Civil Code of the Russian Federation), as well as from contracts of carriage (clause 3 of Article 797 of the Civil Code of the Russian Federation) is one year.

In all of these cases, a shortened statute of limitations is established. But the opposite situation also occurs. For example, in the event of discovery of significant defects in a product for which the service life has not been established, the limitation period is ten years (Clause 6 of Article 19 of the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”). In any case, according to paragraph 2 of Art. 196 of the Civil Code of the Russian Federation, the limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period was established.

No deadlines

In Art. 208 of the Civil Code of the Russian Federation establishes a list of requirements to which the statute of limitations does not apply at all, because in most of these cases the violation of rights is of a continuing nature. These are, in particular, the requirements:

• on the protection of personal non-property rights and other intangible benefits;
• depositors to the bank about the issuance of deposits;
• on compensation for harm caused to the life or health of a citizen;
• owner or other owner to eliminate any violations of his rights (Article 304 of the Civil Code of the Russian Federation). The Plenum of the Supreme Court of the Russian Federation paid special attention to the requirement to recognize the right or encumbrance as absent (clause 7 of Resolution No. 43). Such claims are called negatory. They are not based on contractual relations and are aimed at eliminating obstacles to the use or disposal of property. At the same time, the court believes that this provision of Art. 208 of the Civil Code of the Russian Federation does not apply to claims that are not negative (for example, to claims for the recovery of property - vindication, the limitation period for which is three years).

The Plenum of the RF Supreme Court additionally drew attention to the fact that in all the cases listed above, the ten-year period does not apply (clause 8 of Resolution No. 43).

In the next case Supreme Court, resolving the dispute about the limitation period, immediately referred to his last two significant clarifications.

Judicial practice

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The state property management body appealed to the court with a demand to recognize the company’s right to a controversial unfinished construction project as absent. Three authorities rejected the claim. They came to the conclusion that the unfinished site is real estate, which exists in nature. This is evidenced by the act of readiness and the cadastral passport.

However, the RF Armed Forces did not agree with them. The court considered the disputed object to be a paving, i.e. part land plot, not the foundation. At the same time, the RF Supreme Court referred to paragraph 38 of the Resolution of the Plenum of the RF Supreme Court dated June 23, 2015 No. 25 “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation.” It says that the paving of a land plot that does not meet the characteristics of a structure is part of it and cannot be recognized as an independent immovable thing (unlike a foundation).

Another reason for the refusal of the claim by the lower authorities was the expiration of the general three-year limitation period. The RF Supreme Court also rejected this conclusion. He referred to paragraph 7 of Resolution No. 43 on the non-extension of the limitation period to the requirement to recognize the right as absent. On this score, the court spoke as follows: “Another approach does not ensure the reliability and publicity of the state register, does not contribute to the proper protection of the rights of participants in civil transactions and the restoration of their violated rights in relation to real estate” (Determination of the Supreme Court of the Russian Federation dated September 30, 2015 No. 303-ES15-5520 in case No. A51-12453/2014).

An interesting fact: Resolution No. 43 was issued one day before the preparation of the motivational part of the definition.

FYI

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There are agreements abroad on the non-application of limitation periods. They leave the parties the possibility of a compromise resolution of disagreements through mutual concessions, and therefore, the preservation of partnerships and continued cooperation. And according to paragraph 1 of Art. 10.3 of the UNIDROIT Principles, parties may change the limitation period. But by virtue of Art. 198 of the Civil Code of the Russian Federation in Russia, such agreements are prohibited: the limitation periods and the procedure for calculating them cannot be changed by agreement of the parties. However, the law sometimes allows parties to change the rules for calculating the statute of limitations. For example, under a contract for air transportation of cargo or mail (clause 2 of article 128 of the Air Code of the Russian Federation).

Beginning of the limitation period

As a general rule, the limitation period is calculated from the day (not the next!) day when the person learned (should have known) about the violation of his right and who is the proper defendant in the claim for the protection of this right (clause 1 of Article 200 Civil Code of the Russian Federation, clause 1 of Resolution No. 43). In this case, it is assumed that the person knew (should have known) about the violation at the time of its commission. By the way, in paragraph 1 of Art. 10 of the Convention on the Limitation Period in the International Sale of Goods (concluded in New York on June 14, 1974, hereinafter referred to as the Convention), this thesis is formulated as follows: “The right of action arising from a breach of contract is deemed to arise on the day on which The place is such a violation.” And in paragraph 3 of the same article it is said that if one party deceived the other party, then the right to judicial protection of the injured party arises from the day when the deception was or could reasonably have been discovered. This paragraph is precisely consistent with the rule that the statute of limitations begins from the day when the person learned or should have learned about the violation of his right.

For obligations with a certain period of performance, the limitation period begins at the end of the performance period (Clause 2 of Article 200 of the Civil Code of the Russian Federation). Despite the simplicity of the rules, courts have previously made mistakes when calculating time limits.

Judicial practice

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The dispute arose about compliance with the statute of limitations.

The arbitrators proceeded from the fact that for obligations with a certain period of performance, the limitation period begins at the end of the performance period (Clause 2 of Article 200 of the Civil Code of the Russian Federation). In this case, the period, calculated in months, expires on the corresponding date of the last month (clause 3 of Article 192 of the Civil Code of the Russian Federation).

The deadline for fulfilling the obligation ended on the 17th. The appeal and cassation decided that the statute of limitations expires on the 18th of the relevant month. But the Supreme Arbitration Court of the Russian Federation corrected them, indicating that in reality the statute of limitations expires on the 17th day of the corresponding month (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 3, 2014 No. 1487/14 in case No. A40-13504/2013).

The Plenum of the RF Supreme Court indicated that the ten-year limitation period begins from the date of violation of the right. Exceptions are made when claims are made (clause 8 of Resolution No. 43):

• on the application of the consequences of the invalidity of a void transaction and on the recognition of such a transaction as invalid (clause 1 of Article 180 of the Civil Code of the Russian Federation). As a general rule, a void transaction can be challenged within three years from the date on which its execution began. But if a claim is brought by a person who is not a party to the transaction, then the statute of limitations is calculated from the day when he learned (should have known) about the beginning of the execution of the contract;
• for obligations the fulfillment period of which is not determined or is determined by the moment of demand (paragraph 2, paragraph 2, article 200 of the Civil Code of the Russian Federation). In such a situation, the statute of limitations begins to run from the day the demand for performance of the obligation is presented or from the date of expiration of the period specified for performance.

When calculating the ten-year period, the day on which the person learned or should have learned about the violation of his right and who the proper defendant is is not taken into account. In this case, the statute of limitations cannot be restored (otherwise may be provided by law).

This provision is consistent with Art. 191 of the Civil Code of the Russian Federation states that the course of a period, which is determined by a period of time, begins the next day after the calendar date or the occurrence of an event that determines its beginning.

Calculation of deadlines for certain categories of persons

For companies, the start of the limitation period is determined, among other things, by the presence of bodies acting on their behalf (clause 3 of Resolution No. 43). The Plenum of the RF Supreme Court noted that a change in the composition of the company’s bodies (for example, a change of director) does not affect the determination of the beginning of the limitation period.

When a claim is brought against the debtors of a company by the liquidation commission, the limitation period is calculated from the moment when the owner of this right - the organization, and not the liquidation commission or the liquidator - became aware of the violated right (Articles 61-63 of the Civil Code of the Russian Federation).

If an authorized person (for example, a prosecutor) goes to court in defense of other entities, then the statute of limitations should be calculated from the moment when the person in whose interests learned (should have known) about the violation of his right and who is the proper defendant. such an application was submitted (clause 5 of Resolution No. 43).

When there is a change of persons in the obligation, the beginning of the course and the procedure for calculating the limitation period do not change (Article 201 of the Civil Code of the Russian Federation, paragraph 6 of Resolution No. 43). The period is counted from the day when the original holder of the right learned (should have known) about the violation of his right and who is the proper defendant (Article 201 of the Civil Code of the Russian Federation).

If the original defendant declared a missed deadline, a repeated application from his legal successor is not required, because all actions performed in the process before its entry into the case are mandatory for him (part 2 of article 44 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Civil Procedure Code of the Russian Federation), part 3 of article 48 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), p. 13 Resolution No. 43).

The procedure for applying the limitation period

The limitation period (including ten years) is always applied only at the request of a party to the dispute (clause 2 of Article 199 of the Civil Code of the Russian Federation, clause 8 of Resolution No. 43, clause 2 of Article 10.9 of the UNIDROIT Principles). A similar norm is established in Art. 24 of the Convention.

The Plenum of the RF Supreme Court indicated that this rule is consistent with the provision that each person participating in the case must prove the circumstances to which he refers (Article 56 of the Code of Civil Procedure of the Russian Federation and Article 65 of the Arbitration Procedure Code of the Russian Federation). Consequently, the party to the case citing the expiration of the statute of limitations bears the burden of proving this circumstance (clause 10 of Resolution No. 43).

Here it must be said that several persons can act simultaneously on each side of the obligation (clause 1 of Article 308 of the Civil Code of the Russian Federation). Since each of the defendants acts independently in relation to the other party (part 3 of article 40 of the Code of Civil Procedure of the Russian Federation, part 3 of article 46 of the Arbitration Procedure Code of the Russian Federation), the Plenum of the Supreme Court of the Russian Federation concluded that the defendant’s statement about the application of the limitation period does not apply to co-defendants . This also applies to cases of joint and several obligations (liability). Let us recall that in case of a joint and several obligation, the creditor has the right to demand performance both from all debtors jointly and from any of them separately, both in full and in part of the debt (clause 1 of Article 323 of the Civil Code of the Russian Federation).

At the same time, if the plaintiff’s claim cannot be satisfied at the expense of other co-defendants (for example, in the case of a claim for the recovery of an indivisible thing), and one of the co-defendants declared that the statute of limitations had expired, the plaintiff’s claims may remain unsatisfied.

FYI

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The statement of the improper party on the application of the limitation period has no legal significance (paragraph 4, paragraph 10 of Resolution No. 43).

Statement by third parties on the application of the limitation period

Since the limitation period should be applied only upon the application of a party to the dispute, the Plenum of the RF Supreme Court established a rule according to which a statement about missing a deadline made by a third party is not grounds for refusing a claim. Indeed, by virtue of Art. 40 Arbitration Procedure Code of the Russian Federation, Art. 34 of the Code of Civil Procedure of the Russian Federation, third parties are not parties to the case.

At the same time, the practice of International commercial arbitration court at the Chamber of Commerce and Industry of the Russian Federation adheres to a less formal and more flexible approach, according to which the limitation period can be applied at the request of a third party in the dispute (decision of the ICAC at the Chamber of Commerce and Industry of the Russian Federation of April 11, 2003 No. 158/2001). This happens because in Part 2 of Art. 51 of the Arbitration Procedure Code of the Russian Federation and Part 1 of Art. 43 of the Code of Civil Procedure of the Russian Federation, third parties who do not make independent claims, as a general rule, enjoy procedural rights and bear the procedural responsibilities of the corresponding party. However, the right to a statement about the expiration of the limitation period is contained in the norms of substantive law, not procedural law, so it should be attributed to procedural rights not entirely true.

When a defendant does not seek to assert a statute of limitations, third parties may begin to worry that the defendant will file a claim for damages or subrogation against them after losing the case. The Plenum of the RF Armed Forces, generally adhering to the previously stated opinion, made an exception for these cases, allowing third parties to claim that the statute of limitations had passed (clause 10 of Resolution No. 43).

FYI

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Recourse is the right of a person to claim back the amount paid. It arises as a new obligation from one person to another. For example, according to the general rule of paragraph 1 of Art. 379 of the Civil Code of the Russian Federation, the principal is obliged to reimburse the guarantor for the money paid to the beneficiary under an independent guarantee.

The limitation period for recourse obligations begins from the day of fulfillment of the main obligation (clause 3 of Article 200 of the Civil Code of the Russian Federation).

The procedure for submitting an application for expiration of the limitation period

The Plenum of the Supreme Court of the Russian Federation believes that a statement about the passage of the statute of limitations can be made in any form (written or oral) and at any stage of consideration of the case by the court of first instance or in court appellate court, but only if he considers the case on the merits (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). This is explained by the fact that the law does not establish any requirements for the procedure for filing an application for a statute of limitations (clause 11 of Resolution No. 43).

Judicial practice

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The defendant claimed the deadline was missed only when considering the case on appeal. The court rejected the defendant's arguments. The arbitrators indicated that, by virtue of Art. 196 of the Civil Code of the Russian Federation, the general limitation period is three years from the date determined in accordance with Art. 200 Civil Code of the Russian Federation. The limitation period is applied by the court only upon the application of a party to the dispute, which can be made before the decision is made. Meanwhile, in the court of first instance, the defendant did not declare the expiration of the limitation period, and the appeal did not proceed to consideration of the case on the merits (resolution of the Sixth Arbitration Court of Appeal dated October 8, 2015 No. 06AP-3318/2015 in case No. A73-4425/2015).

Break and suspension of the statute of limitations

The law establishes a list of circumstances when the plaintiff retains the right to judicial protection, even if the statutory limitation period has expired. This happens if the period is interrupted, suspended or the plaintiff has the right to restore it.

Suspension

Article 202 of the Civil Code of the Russian Federation contains an exhaustive list of cases when the limitation period is suspended. Among them is an attempt by the parties to resolve the dispute using an out-of-court procedure, the mandatory nature of which is established by law. Here are some examples:

• in cases of bringing to tax liability is provided administrative procedure- Art. 101.2 Tax Code of the Russian Federation;
• under the contract for the carriage of goods by sea, it is provided claim procedure(Clause 2 of Article 407 of the Merchant Shipping Code of the Russian Federation);
• filing complaints and making claims when providing communication services are provided for in Art. 55 of the Federal Law of July 7, 2003 No. 126-FZ “On Communications”;
• in accordance with paragraph 1 of Art. 16.1 of the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance civil liability of owners vehicles» before filing a claim, the victim is obliged to send an application to the insurer demanding insurance payment or direct compensation for losses;
• clause 1 art. 12 of Federal Law No. 87-FZ of June 30, 2003 “On Freight Forwarding Activities” provides for the client’s obligation to file a claim with the freight forwarder, etc., before going to court.

Since each person participating in the case must prove the circumstances to which he refers, the Plenum of the Supreme Court of the Russian Federation indicated that the plaintiff must prove the existence of circumstances indicating the suspension of the limitation period.

In accordance with paragraph 3 of Art. 202 of the Civil Code of the Russian Federation, the suspension of the statute of limitations occurs for the period of pre-trial settlement of the dispute, which is established by law. If there are no such provisions in the law, then the period is suspended for six months from the date of commencement of the relevant procedure. As soon as the period established by law ends, the limitation period will continue to run from the moment at which it stopped (clause 4 of Article 202 of the Civil Code of the Russian Federation).

Break

If a person admits a debt, the limitation period is interrupted and the period for it begins to be calculated anew (Article 203 of the Civil Code of the Russian Federation). This is how a break in the statute of limitations differs from its suspension.

FYI

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The rules on the break of the term (including for ten years) are imperative, i.e. mandatory for use. Therefore, at first glance, their use does not depend on the request of the party to the dispute, and the court can use them on its own initiative. However, the Plenum of the RF Supreme Court thinks differently: the plaintiff must prove the existence of circumstances indicating a break in the limitation period (clause 12 of Resolution No. 43).

The court gave examples of such actions, from which it is clear that recognition of the debt must be unambiguous and unambiguous. This is an obvious recognition of the requirements stated in the claim, a change in the contract by an authorized person, a request from the debtor to change the contract, a signed reconciliation report.

A simple response to a claim (from which recognition of the debt is not clear), agreement with part of the debt (even by paying it) does not indicate recognition (clause 20 of Resolution No. 43). Also, any inaction (for example, if the debtor did not challenge the payment document on direct debiting of funds) or silence does not indicate recognition of the debt (clause 23 of Resolution No. 43).

However, if payment of a debt has only one basis, previously the courts saw this as a reason to interrupt the statute of limitations.

Judicial practice

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A land lease agreement was concluded between the company and the city administration. After the expiration of the contract, the contract was extended for indefinite period. Rent continued to be paid.

In 2011, the parties signed an agreement to terminate the contract since 2006. Since that time, the same plot has been leased to the plaintiff under a newly concluded agreement with the legal successor of the administration. As a result, part of the rent under the first agreement was returned to the company. Since the administration refused to return the other part of the payment, the company filed a claim with the court to recover unjust enrichment from the administration.

The defendant pointed out that the plaintiff had missed the statute of limitations. The courts considered that actions indicating the recognition of a debt in order to interrupt the running of the limitation period may include:

• recognition of the claim;
• partial payment by the debtor of the principal debt, amounts of sanctions;
• partial recognition of the claim for payment of the principal debt (if the debt has only one basis);
• payment of interest on the principal debt;
• amendment of the contract by an authorized person, from which it follows that the debtor acknowledges the existence of a debt;
• the debtor’s request for such a change (for example, a deferment or installment plan);
• acceptance of collection order.

Considering that payment of part of the debt interrupted the statute of limitations, the courts of three instances upheld the claim (Resolution of the Federal Antimonopoly Service of the Ural District dated February 27, 2013 No. F09-63/13 in case No. A07-6761/2012).

Time limit for going to court

According to paragraph 1 of Art. 204 of the Civil Code of the Russian Federation from the date of application to the court, the limitation period does not run throughout the entire time while the judicial protection(including when filing an application for a court order or applying to an arbitration court - clause 17 of Resolution No. 43).

FYI

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The moment of application is the day when the application is submitted by mail or submitted directly to the court (including through the court’s website).

The Plenum of the Supreme Court of the Russian Federation explained that this rule also applies to cases where other rules of law are subject to application than those referred to by the plaintiff, as well as when the plaintiff changes the method of defense (clause 14 of Resolution No. 43). This conclusion is based on Part 1 of Art. 39 Code of Civil Procedure of the Russian Federation and Part 1 of Art. 49 of the Arbitration Procedure Code of the Russian Federation, according to which, when considering a case in the first instance, the plaintiff has the right to judicial act change the basis, subject of the claim or the amount of claims.

Moreover, such changes do not in any way affect the procedure for calculating the statute of limitations. It ceases to flow from the moment the plaintiff went to court, and not from the moment he changed his demands. This conclusion is based on Art. 199, 200 Civil Code of the Russian Federation. According to paragraph 1 of Art. 199 of the Civil Code of the Russian Federation, a claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the statute of limitations. And in accordance with Art. 200 of the Civil Code of the Russian Federation, the limitation period begins from the day when the person learned or should have learned about the violation of his right.

If the plaintiff has extended the collection period, due to which the size of the claims has increased, the limitation period stops not from the moment the claim is filed, but from the date of filing new claims (clause 14 of Resolution No. 43).

In accordance with paragraph 2 of Art. 204 of the Civil Code of the Russian Federation, if the court left the application without consideration, the limitation period continues in the general manner. The Plenum of the RF Armed Forces clarified that the period continues from the moment the relevant definition comes into force. The same rule also applies to cases of termination of proceedings in a case (for example, when the plaintiff abandoned the claim, a party to the case was liquidated, etc. - paragraph 2 of Article 220 of the Code of Civil Procedure of the Russian Federation, paragraph 1 of Part 1 of Article 150 of the Code of Arbitration Procedure of the Russian Federation , paragraph 18 of Resolution No. 43).

If, after leaving the application without consideration, the unexpired part of the statute of limitations is less than six months, as a general rule it is extended to six months (clause 3 of Article 204 of the Civil Code of the Russian Federation). The Plenum of the RF Armed Forces applied the law by analogy, referring to paragraph 1 of Art. 6 of the Civil Code of the Russian Federation, and distributed general rule on extending the period to six months in cases of termination judicial proceedings or cancellation of a court order.

Exceptions are situations where the claim was left without consideration on the grounds provided for in paragraph. 2, 4, 7, 8 tbsp. 222 Code of Civil Procedure of the Russian Federation, clauses 2, 7, 9, part 1, art. 148 of the Arbitration Procedure Code of the Russian Federation (clause 18 of Resolution No. 43), which directly depend on the plaintiff:

• the plaintiff did not comply with the mandatory pre-trial procedure dispute resolution;
• the statement of claim is not signed or signed by an unauthorized person;
• the plaintiff failed to appear at the court hearing again and did not file a motion to consider the case in his absence or to postpone the trial, and the defendant does not require consideration of the case on the merits;
• there is an agreement between the parties to submit the dispute to an arbitration court and the defendant, before the start of the consideration of the case on the merits, received an objection regarding the consideration and resolution of the dispute in court.

The law says nothing about cases when the court refuses to accept a claim, returns it, or leaves the application without progress. The court explained that in such situations the statute of limitations does not stop and runs its course. If the plaintiff eliminates the violations, the application is considered filed on the day of the initial application, from which the statute of limitations does not run (clause 17 of Resolution No. 43).

Limitation period for time payments and interest

Timely payments are monetary obligations divided into parts by agreement, in other words, periodic payments. For example, rent, interest on the use of borrowed funds, etc. Typically, the total payment amount depends on the time of use of the services.

From the general meaning of paragraph 1 of Art. 200 of the Civil Code of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation concluded that for time-based payments, the limitation period begins in relation to each part separately. Therefore, the statute of limitations is calculated separately for each late payment (clause 24 of Resolution No. 43).

If the debtor acknowledged the principal debt, for example, paid it, this does not mean that he recognized the creditor’s additional demands for payment of interest (Articles 395 and 317.1 of the Civil Code of the Russian Federation), penalties (Article 330 of the Civil Code of the Russian Federation) or compensation for losses (Article 15 Civil Code of the Russian Federation). Hence the conclusion: if, in the case of recognition of the main debt, the limitation period is interrupted, then in relation to additional claims it continues to run (clause 25 of Resolution No. 43). Therefore, creditors should be more careful when filing claims.

In this case, the period for penalties or interest under Art. 395 of the Civil Code of the Russian Federation is calculated separately for each overdue payment.

The same applies to the interruption of the period when going to court. The limitation period for the main claim presented is stopped on the basis of clause 1 of Art. 204 of the Civil Code of the Russian Federation. But if the creditor does not immediately present additional demands, the period for them continues to run (clause 26 of Resolution No. 43). Here the court referred to Art. 207 Civil Code of the Russian Federation. It says that with the expiration of the period for the main claim, the period for additional claims (interest, penalties, pledge, guarantee, etc.), including those that arose after the start of the limitation period for the main claim, expires (clause 1 of Resolution No. 43).

But the Plenum of the RF Armed Forces made an exception to this rule in relation to a loan or credit agreement (clause 1 of Article 809 of the Civil Code of the Russian Federation). If, according to the agreement, interest on it must be paid later than the loan amount is repaid, the statute of limitations on such interest does not depend on the expiration of the statute of limitations on the principal amount and is calculated separately (but only if the interest was accrued before the loan repayment period).

Reinstating the statute of limitations

In accordance with Art. 205 of the Civil Code of the Russian Federation, in exceptional cases, the court may recognize a valid reason for missing the statute of limitations due to circumstances related to the personality of the plaintiff-citizen (for example, in the event of his serious illness), if he files a petition and provides the necessary evidence.

It turns out that companies do not have the right to restore the missed deadline on this basis. However, the court may refuse to apply the statute of limitations to the defendant if he behaves in bad faith. Most often, such refusals occur in bankruptcy cases (decision of the Supreme Arbitration Court of the Russian Federation dated December 13, 2012 No. VAS-299/12 in case No. A33-3111/2009) and in corporate conflicts (resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 26, 2013 No. 12913/12 in case No. A27-15517/2011 and dated November 22, 2011 No. 17912/09 in case No. A54-5153/2008/C16).

Judicial practice

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The director of the company sold the real estate. The buyer resold them to a third party, who began renting them to the original seller. The shareholder of the closed joint-stock company filed a lawsuit to invalidate the contracts for the sale of real estate, citing the lack of approval of a major transaction and undervaluation of the price. The court found the director's actions to be an abuse of right. At the same time, the arbitrators refused to apply the statute of limitations to the defendant due to abuse (decision of the Supreme Arbitration Court of the Russian Federation dated July 29, 2013 in case No. A70-3210/2012).

Expiration of the limitation period

The expiration of the limitation period is an independent basis for refusal of a claim (paragraph 2, paragraph 2, article 199 of the Civil Code of the Russian Federation). If it is established that a party to the case has missed the statute of limitations, the court has the right to refuse to satisfy the claim only on these grounds, without examining other circumstances of the case (clause 15 of Resolution No. 43). To do this, the defendant must declare that this period has expired. Then the court will find out whether this is really the case, and whether events have occurred that entail a suspension, interruption or restoration of the statute of limitations

The Plenum of the Supreme Court of the Russian Federation additionally noted the difference between the recognition of debt during the period of limitation and after its expiration. In both cases, the limitation period begins to run again, but in the second case - only if the confession is made in writing (clause 2 of article 206 of the Civil Code of the Russian Federation, clause 21 of Resolution No. 43).

Often in practice, organizations are forced to act in court as a plaintiff or defendant. At the same time, judges, protecting the interests of the parties to the dispute, monitor the validity of the property claims of some persons against others. The legislation provides for norms that allow one of the parties to block judicial authorization dispute on the merits if the other party applied for protection of its rights too late.

The period of time during which an organization or can go to court to protect their rights is called the statute of limitations, the omission of which is the basis for the court to make a decision to deny the claim.

General and special limitation periods

The limitation period is recognized as the period for protecting the right under the claim of a person whose right has been violated (Article 195 of the Civil Code of the Russian Federation).

Please note that the time for filing a claim begins to be calculated not from the moment of violation of any rights of a party to the contract, but from the day when it learned (or should have known) about the two circumstances mentioned above.

In this case, the limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period was established (except for cases specified Federal law No. 35-FZ).

For individual species requirements by law may be introduced special limitation periods , longer or shorter compared to total term(Clause 1 of Article 196 of the Civil Code of the Russian Federation). If we talk about longer ones, then an example is the ten-year period for claims to apply the consequences of the invalidity of a void transaction (Clause 1 of Article 181 of the Civil Code of the Russian Federation).

Shortened statutes of limitations are established in Part II of the Civil Code of the Russian Federation. For example, a one-year limitation period is provided for:

for claims made in connection with inadequate quality of work performed under a contract (clause 1 of Article 725 of the Civil Code of the Russian Federation);

for requirements for the transportation of goods (clause 3 of Article 797 of the Civil Code of the Russian Federation).

Article 392 of the Labor Code of the Russian Federation provides for special deadlines for going to court to resolve an individual labor dispute. Thus, the employee has the right to apply:

within three months from the day when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date of delivery to him of a copy of the dismissal order or from the date of issue work book;

within one year from the date deadline payments – in case of non-payment or incomplete payment of amounts due to the employee.

In turn, the employer has the right to go to court in disputes about compensation by the employee for damage caused to the employer. He can do this within one year from the date of discovery of the damage caused.

The procedure for applying the limitation period

The procedure for applying the limitation period is set out in Art. 199 of the Civil Code of the Russian Federation.

According to paragraph 1 of this article, a claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the statute of limitations.

In accordance with paragraph 2, it is applied by the court only upon the application of a party to the dispute made before the court makes a decision. As noted in paragraph 10 of Resolution No. 43, this party bears the burden of proving circumstances indicating the expiration of the statute of limitations.

The expiration of the limitation period is an independent basis for refusal of a claim (paragraph 2, paragraph 2, article 199 of the Civil Code of the Russian Federation). If it is established that a party to the case has missed the statute of limitations, then if there is a statement from the appropriate person about the expiration given period the court has the right to refuse to satisfy the claim only for the stated reasons , without examining other circumstances of the case. This is stated in paragraph 15 of Resolution No. 43. In other words, missing the statute of limitations does not deprive a citizen or organization of the opportunity to file a claim. Statement of claim will still be accepted for consideration. Moreover, judges, on their own initiative, are not obliged to determine compliance with the said deadline. Only if the defendant during the process declares that the statute of limitations has passed and proves this, the court can refuse to satisfy the plaintiff’s claims. If the defendant does not report missing the deadline, the case will be considered according to the general rules.

Note: in paragraph 2 of Art. 199 of the Civil Code of the Russian Federation there are no requirements for the form of an application for skipping the limitation period: it can be made both in writing and orally, when preparing the case for trial or directly when considering the case on the merits in the court of first instance or in the court of appeal, if it proceeded to consider the case according to the rules of proceedings in the court of first instance. If the statement was made orally, this is indicated in the minutes of the court hearing (clause 11 of Resolution No. 43).

Is it possible to reinstate a missed statute of limitations?

In exceptional cases, when the court recognizes a valid reason for missing the statute of limitations due to circumstances related to the personality of the plaintiff (serious illness, helpless state, illiteracy, etc.), the violated right of a citizen is subject to protection. This rule is provided for in Art. 205 of the Civil Code of the Russian Federation. Reasons for missing the limitation period may be considered valid if they occurred in the last six months of the limitation period, and if this period is six months or less than six months, during the limitation period.

In other words, for individuals it is possible to restore the time limit for filing a claim.

Within the meaning of this norm and paragraph 3 of Art. 23 of the Civil Code of the Russian Federation, the limitation period has been missed legal entity on requirements related to the implementation of it entrepreneurial activity, cannot be restored regardless of the reasons for its omission (Clause 12 of Resolution No. 43).

Claims not covered by the statute of limitations

There are a number of claims to which the statute of limitations does not apply. They are listed in Art. 208 Civil Code of the Russian Federation.

In particular, these are requirements for the protection of personal non-property rights and other intangible benefits, except as provided by law.

By virtue of Art. 150 of the Civil Code of the Russian Federation, intangible benefits include life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, inviolability of home, personal and family secrets, freedom of movement, freedom to choose a place of stay and residence, the name of a citizen, authorship, other intangible benefits belonging to a citizen from birth or by force of law. Intangible benefits are protected in accordance with the Civil Code of the Russian Federation and other laws in the cases and in the manner prescribed by them.

The limitation period also does not apply to claims for compensation for harm caused to the life or health of a citizen. However, claims brought after three years from the moment the right to compensation for this harm arose are satisfied for the past time no more than three years preceding the filing of the claim (except for cases provided for by Federal Law No. 35-FZ).

Beginning of the limitation period

According to paragraph 2 of Art. 200 of the Civil Code of the Russian Federation on obligations with a specific deadline The limitation period begins to run at the end of the execution period.

According to obligations, the deadline for which is not determined or determined by the moment of demand, the limitation period begins to run from the day the creditor presents a demand for the fulfillment of an obligation, and if the debtor is given a period for fulfilling such a requirement, the calculation of the limitation period begins at the end of the period provided for the fulfillment of this requirement.

The limitation period in any case cannot exceed ten years from the date the obligation arose.

The course of a period defined by a period of time begins the next day after the calendar date or the occurrence of an event that established its beginning (Article 191 of the Civil Code of the Russian Federation).

The term, calculated in years, expires in the corresponding month and day last year term (clause 1 of article 192 of the Civil Code of the Russian Federation). If the last day of the period falls on a non-working day, the end of the period is considered to be the next working day following it (Article 193 of the Civil Code of the Russian Federation).

Example 1.

Organization “A” provides paid services. In December 2017, a service was provided to organization “B”. Payment must be made on December 11, 2017. Organization “B” did not make the payment within the specified period.

The limitation period began to run on December 12, 2017. The expiration of the three-year period will occur on December 12, 2020. However, this date falls on a Saturday, and therefore the expiration date will be the next working day - Monday 12/14/2020.

Within the meaning of paragraph 1 of Art. 200 of the Civil Code of the Russian Federation, the limitation period for a claim arising from a violation by one party of the contract of the condition of payment for goods (work, services) in parts begins in relation to each individual part. The statute of limitations for claims for overdue time payments (interest for the use of borrowed funds, rent, etc.) is calculated separately for each payment (clause 24 of Resolution No. 43).

Example 2.

Organization “A” in December 2017 provided services to organization “B” in the amount of 200,000 rubles. Payment must be made in two installments of RUB 100,000. 12/11/2017 and 12/18/2017. Organization “B” did not make the payment within the specified time frame.

In this case, the limitation period began for the first part of the debt from 12/12/2017, for the second – from 12/29/2017.

Suspension of the limitation period

Article 202 of the Civil Code of the Russian Federation provides for the possibility of suspending the limitation period. Paragraph 1 of this article lists cases when such a possibility arises:

if the filing of a claim was prevented by an extraordinary and unavoidable circumstance under the given conditions (force majeure) (clause 1);

if the plaintiff or defendant is part of the Armed Forces of the Russian Federation, transferred to martial law (clause 2);

due to the deferment of fulfillment of obligations established on the basis of law by the Government of the Russian Federation (moratorium) (clause 3);

due to suspension of the law or other legal act regulating the corresponding attitude (clause 4).

In all of the above cases, the limitation period is suspended provided that the specified circumstances arose or continued to exist in the last six months of the limitation period, and if this period is six months or less - during the limitation period (clause 2 of Article 202 of the Civil Code RF). From the date of termination of the circumstance that served as the basis for suspension of the limitation period, its period continues to run. The remaining part of the period is extended to six months, and if the limitation period is six months or less, to the limitation period (Clause 4 of Article 202 of the Civil Code of the Russian Federation).

Interruption of the limitation period

The running of the limitation period is interrupted by the obligor’s performance of actions indicating recognition of the debt. After the break, the limitation period begins anew; time elapsed before the break does not count towards new term(Article 203 of the Civil Code of the Russian Federation).

At the same time, the Civil Code of the Russian Federation does not specify which specific actions of the obligated person interrupt the course of the period. Their sample list is given in paragraph 20 of Resolution No. 43. Such actions, in particular, may include:

recognition of the claim;

a change in the contract by an authorized person, from which it follows that the debtor acknowledges the existence of a debt, as well as a request from the debtor for such a change in the contract (for example, a deferment or installment plan);

act of reconciliation of mutual settlements, signed by an authorized person.

Recognition of a part of the debt, including by paying part of it, does not indicate recognition of the debt as a whole, unless otherwise agreed by the debtor.

In cases where the obligation provided for execution in parts or in the form of periodic payments and the debtor took actions indicating recognition of only part of the debt (periodic payment), such actions cannot be the basis for interrupting the limitation period for other parts (payments).

Let us note: as follows from paragraph 21 of Resolution No. 43, a break in the running of the limitation period in connection with the commission of actions indicating recognition of a debt can only take place within the limitation period, and not after its expiration. At the same time, after the expiration of the limitation period, the limitation period begins anew if the debtor or other obligated person acknowledges its debt in writing (clause 2 of article 206 of the Civil Code of the Russian Federation).

Paragraph 25 of Resolution No. 43 explains that the limitation period for a claim for the collection of a penalty (Article 330 of the Civil Code of the Russian Federation) or interest payable according to the rules of Art. 395 of the Civil Code of the Russian Federation, is calculated separately for each overdue payment, determined in relation to each day of delay.

Let’s assume that, in addition to the requirements for the principal debt, the creditor has additional demands for the payment of a penalty, interest for the use of someone else’s in cash and compensation for damages. If the obligated person has acknowledged the principal debt, including in the form of its payment, this in itself cannot serve as evidence of recognition of additional claims of the creditor and, accordingly, cannot be regarded as a basis for interrupting the limitation period for additional claims and claims for damages.

In conclusion, I would like to quote the Resolution of the Constitutional Court of the Russian Federation of February 15, 2016 No. 3-P in order to clearly show the importance and necessity in civil law of such a concept as the statute of limitations:

“The institution of limitation of actions aims to streamline civil circulation, create certainty and stability of legal relations, discipline their participants, promote compliance with contracts, and ensure timely protection of the rights and interests of subjects civil rights about relationships. The absence of reasonable time limits for the forced protection of violated civil rights would lead to infringement of the legally protected rights and interests of defendants and third parties, who could not always take into account in advance the need to collect and preserve information and facts that are significant for the consideration of the case. The use by the court, at the request of a party to a dispute, of a statute of limitations protects participants in civil transactions from unfounded claims and at the same time encourages them to promptly take care of the exercise and protection of their rights.”

Most of us prefer to assert our rights by going to court.

However, for this there are certain deadlines, called in legal language the limitation period.

Failure to do so may result in the plaintiff being left with nothing. But first things first.

So, we have already found out that the limitation period is the period of time within which a party to a case who considers himself injured can go to court to assert his rights.

The term “statutory limitation” is typical for the protection of violated rights in court. However, there are other ways to restore justice.

First of all, this concerns filing complaints to various authorities. However, this legislation has its own deadlines.

As for the tasks of the statute of limitations, it is designed to discipline people. After all, many people often delay going to court, hoping to resolve everything peacefully. However, when the deadline passes, the chances of success are reduced to a minimum. Therefore, it is important not to lose sight of the statute of limitations under any circumstances.

Limitation periods in civil cases

The standard period of time allowed for filing a claim today is exactly 3 years.

For example, if there is a need to cast doubt, then civil law establishes a one-year period for this.

The same period of time is established for filing claims that in one way or another relate to:

• transportation of goods or luggage;
• quality of work performed under the contract.

Two years for filing a claim are established for disputes under certain property insurance contracts (). The legislation may provide for other deadlines for certain categories of disputes.

In particular, the limitation period slows down in the following cases:

• The presence of circumstances that made it impossible to properly fulfill obligations.
• The presence of any of the parties to the dispute in the ranks of the armed forces transferred to martial law.
• Introduction by the Government of the Russian Federation of a temporary moratorium on the fulfillment of a certain type of obligation.
• Suspension of regulations that regulate controversial relationships.

Also, the limitation period is suspended if, by virtue of the letter of the law, the parties are forced to resort to pre-trial settlement of the dispute. For example, this will soon apply to most arbitration cases. The corresponding amendments to the Arbitration Procedure Code of the Russian Federation have already been published. In this case, the deadlines are suspended for the duration of the relevant procedure.

If the circumstances that led to the suspension of the limitation period have ceased, then it continues to run. Moreover, if after suspension there is less than six months left until the end of the period, then it is extended to 6 months. In any case, the plaintiff must prove the presence of those circumstances with which the law connects the suspension of the limitation period.

As for the interruption of the limitation period for civil cases, then this usually happens in two cases. Firstly, the deadlines will begin to flow again when the opposite party, by its actions, acknowledged the existence of the debt. These include a partial settlement and a positive response to a claim. Also, the period is interrupted from the day the claim is filed in court.

However, if the judge deems it necessary to leave it without consideration, then the deadline will resume. Of course, with this option, you can file a new claim, correcting all the shortcomings, but there is a risk of still missing the limitation period.

Unlike the situation with suspension, when interrupted, the limitation period begins to count again. For example, if part of the debt was repaid on March 1, 2016, then you can go to court to collect the remaining amount before the same date in 2019.

Restoring deadlines

For this purpose, Article 205 of the Civil Code of the Russian Federation provides for a rule according to which, due to the plaintiff’s serious illness, helpless state, illiteracy, etc.

It is important that the relevant circumstances arise in the last six months of the allotted period. It is also worth paying attention to the fact that the rule described above applies exclusively to civil process. In arbitration proceedings, the limitation period is not restored.

If a delay is detected under a loan agreement, banks attempt to collect it. First, a peaceful settlement of the dispute is applied, then claims are presented to the court.

In the latter case, borrowers have a question about whether there is a statute of limitations on loans.

The Constitution of the country provides for the right of everyone to protect their interests in court. The legislation provides for a certain period for its implementation. According to Article 195 of the Civil Code (hereinafter referred to as the Civil Code of the Russian Federation, code), any person who considers his rights to be violated may apply for their protection within the limits.

The Civil Code of the Russian Federation provides for a number of requirements that are not limited by time limits. Requirements under loan agreements are not included in their number. Therefore, if the borrowers fail to fulfill their obligations, creditors can collect the debt within the limitation period.

You can submit claims even after the expiration of the specified period; in this case, the law does not impose a ban on filing a claim. But the defendant will then be able to claim a missed deadline, and the court must accept it and refuse to satisfy the claims.

The legislation provides for the possibility of restoring the missed deadline, but it applies to citizen plaintiffs. Reinstatement is allowed if there are good reasons, for example, the applicant’s long-term illness.

How long does it take for the statute of limitations to expire?

Legislation establishes general and special deadlines to protect your rights in court. The first is equal to three years and applies unless otherwise provided by law. Special differs from general more or less.

The Civil Code of the Russian Federation provides for such terms for the invalidity of transactions, protection of honor (dignity), business reputation, complaints about the quality of purchased goods. Creditors' claims for loan repayment are subject to a general period of three years.

In this case, not only the duration of the period itself matters, but also the moment from which it begins to flow. As a general rule, its calculation begins when the person learned or should have learned about a violation of his interests.

Consequently, the creditor learns of a violation of his rights if the debt is not repaid within the period established by the agreement. And from this moment, over the next three years, he can ask for debt collection through the court.

Statute of limitations for overdue loans

Limitations of the limitation period

In practice, there are several approaches to determining the statute of limitations on loans. According to the first, the creditor learns about the delay if the last payment is not made according to the payment schedule.

According to other points of view, one should start from the date of expiration of the contract or non-payment of the first installment. But, taking into account the provisions of the Civil Code of the Russian Federation, it is more correct to count the beginning of the period from the delay in repayment of the last payment under the contract.

After all, it is from this moment that the creditor becomes aware that the obligation has not been fulfilled. And the delay allowed by the borrower is a violation of his rights. From this moment on, he gets the opportunity to protect them.

It is important to remember that there may be pauses and interruptions. After the suspension, the period continues to flow, and after the break it begins to flow again. The code provides for a limited list of reasons for suspension.

The term is interrupted by the debtor's recognition of his obligations. If the borrower has partially repaid the debt, signed papers on its restructuring, documents on reconciliation of calculations, or otherwise acknowledged the existence of the debt, then the period is renewed.

Statutes of limitations for debt collectors and bailiffs

When a debt is discovered, banks do not always submit their collection to the court. To begin with, many are trying to make attempts to peacefully resolve the dispute. At the initial stage, communication with the debtor is carried out by the bank itself. Collectors can then become involved in the collection process.

Collectors may act on behalf of the creditor or purchase the right to collect the debt from the bank. In the latter case, there is actually a change of creditor. However, this fact does not affect the prescribed limitation periods.

The Code directly establishes that a change of persons in obligations, including credit obligations, does not change the statute of limitations. Therefore, collectors will have to carry out loan collection measures within the available period.

Enforcement proceedings

When collecting a debt by the bailiff service, there are special rules for calculating deadlines. Enforcement proceedings are opened on the basis of the information provided by the claimant writ of execution.

A three-year period is also established for its presentation. If the creditor does not present the document to the bailiffs within the specified period, then it loses its force. If the writ of execution is returned to the creditor due to the impossibility of collection, this period is renewed.

In fact, the creditor has the right to again present the document to the bailiff service for collection. He is given the same three-year term for this. The number of such returns and presentations of the sheet is not limited by law.

For claims of creditors for debt collection, a general claim period is provided. But it is not worth not paying off the debt in the hope that it will expire. The legislation provides for special provisions on the calculation of limitation periods, their interruption and renewal.

What to do if you have loan debts, watch the following video:

Mar 16, 2018 Help manual

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Due to the rather difficult financial situation, cases have become more frequent when people refuse to return loan money that was taken in prosperous times.

Often such situations end in court, but not all debtors know when the statute of limitations on loans expires.

But what exactly is a statute of limitations on loans? Who should confiscate property based on a court decision? And what can the bank do after the statute of limitations expires? Below you will find the answers to these questions.

The statute of limitations is the period of time during which one person can sue another person for a violation of his rights.

If the statute of limitations on a case has expired, then a person cannot sue another person. By law, the statute of limitations on loans is 3 years.

From what point is the delay calculated? The first day of delinquency is the date on which the debtor was supposed to make a payment in accordance with the credit plan, but did not do so for any reason.

For example, a person, in accordance with the plan, was supposed to make a payment on a consumer loan on June 1, 2018, but did not do so - in this case, this date will be considered the first day of delay, and the statute of limitations for this case will expire on June 1, 2021.

Please note that the statute of limitations may be waived if the debtor acknowledges the debt in some documented form.

Consider this example: a person was supposed to make a credit card payment on June 1, 2020, but did not do so, so the bank sent the debtor a letter demanding recognition of the debt - if the debtor signs it and sends a signature notice back to the bank on August 1, 2020, then new date The countdown will no longer be June 1, but August 1.

Let's now find out what the statute of limitations is for a loan if it is not paid. In case of delay, the creditor may demand compensation from the debtor. Also, penalties and/or fines are imposed for late payments in accordance with the loan agreement.

If the debtor does not want to repay the loan or the bank cannot contact the debtor (for example, it is not possible to find out the debtor’s place of residence), then he can go to court to protect his rights during the limitation period for personal loans.

In order for a court hearing to take place, the debtor must be present, and the debtor himself must be notified in writing of the hearing.

Various methods can be used for notification:

• Most often, notification is carried out by the court in the form of sending a notification letter by mail.
• The bank also contacts the debtor (by letter or in person).
• In some cases, the bank may contact a collection agency. Please note that debt collectors can only serve a notice and seek repayment of a debt voluntarily, and forced service of a notice or forfeiture of property is considered a criminal offense.

If the notification cannot be served for any reason (for example, the debtor cannot be found), then a court hearing may be scheduled in absentia.

If the creditor wins, a decision will be made to forcefully collect the debt. After this, the decision on collection must be transferred to Federal service bailiffs.

Please note that only the FSSB has the right to confiscate property, and collection agencies can confiscate property only on a voluntary basis.

To confiscate property, the FSSB must make an inventory of the property and identify objects of confiscation. The FSSB must notify the debtor of the fact of the visit.

If the location of the debtor cannot be established, then the bailiffs do not have the right to forcibly confiscate the property.

Judicial practice shows that very often a situation arises when the debtor hides from the FSSB for 3 years, which makes confiscation of property impossible, and after the statute of limitations expires, the case is closed.

However, regardless of the outcome of the case, information about the negligent debtor ends up in a special bank register of credit histories, which significantly reduces the former debtor’s chances of taking out a new loan in the future.

Let's now find out whether the statute of limitations can expire if you don't pay the loan for 3 years. After the statute of limitations has expired, the bank can seize the debtor's property only on a voluntary basis.

However, in practice, there are very often cases when the bank, even after the expiration of the statute of limitations, continues to send the debtor a court decision to collect the debt.

Can the debt be written off in this case? Yes, this is possible if the debtor does the following:

• First you need to collect documents - a passport and any paper that confirms the expiration of the statute of limitations (usually loan agreement).
• You need to go to court with these documents. You should also write a statement asking to recognize the creditor’s claims as illegal, since the statute of limitations has expired.
• We must wait for the court's decision. If the court sides with the debtor and annuls the contract due to the expiration of the statute of limitations, then it is necessary to send a copy of the decision to the creditor. If the court for any reason refuses the debtor’s legal claims, then he must file an appeal to another court.

Conclusion

Now you know whether there is a statute of limitations on unpaid loans. Let's summarize.

If a person refuses to make mandatory loan payments, then debt arises. The debt can be forcibly seized through the court.

The statute of limitations for credit debt is 3 years from the first day of delay.

If during this period the bank is unable to seize the property to repay the debt forcibly with the help of the FSSP, then the loan agreement is canceled and the debtor is released from paying the debt.

However, regardless of the outcome of the case, information about the negligent creditor ends up in a special register, which significantly complicates obtaining a loan in the future.

Video: Limitation period for a loan