What is the Statute of limitations on debt bills in Russia?

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2018-03-18 02:41:01

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Any owner of an apartment or a private home familiar with this concept as utility bills. These "letters of happiness" waiting for master in the mailbox the first of every month. If you pay on time, and will not be any problems. But there are unpleasant cases in the form of arrears of payments, fines and grievances management companies. What awaits defaulter in this case? Is there a Statute of limitations on debt utilities?

the Statute of limitations on debts, housing and communal services

Utilities

Utility Services is trouble-free supply of apartments and houses resources that are required for normal, comfortable human life. This includes:

  • Gas;
  • Electricity;
  • Heat;
  • Hot and cold water;
  • Drainage;
  • Local area;
  • The maintenance and repair of housing;
  • Garbage collection.

It's all responsible organizations spend a lot of money, which then according to the law and return the apartment owners. Paid money under the contract concluded between the property owner and the management company or company service provider. In the latter case, the bill come in different quintania, and in the first one - on-one.

Now the owners of the property (TSN or HOA) as organizations become more and more popular. In this situation, residents report significant benefits when paying for services.

Whatever it was, in any case the obligation of payment of utility services under the contract is governed by article No. 153 of the Housing code of the Russian Federation.

The emergence of the debt

In the family budget, expenditure on housing services is at least a quarter of all monthly expenditures that are included in the mandatory list. But not all Russian citizens consciously pay the bills. Annually, the utility suffered losses totaling more than 200 billion rubles. As explained by the Russians, the debt of the utilities they have for the following reasons:

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  • The loss of a job;
  • Temporary financial difficulties;
  • Loss of receipts;
  • Elementary forgetfulness;
  • Inability to pay;
  • A deliberate unwillingness to pay, as they are dissatisfied with the quality of the supplied services or do not agree with the total amount.

However, these arguments are not osvobozhdayut owners from paying, but rather aggravate the situation. Utilities first politely reminded of the debt. If their requests are ignored, workers moving to more drastic measures:

  1. Send the pre-trial claim.
  2. Sue the debtor and win. In this case, the debtor pays the amount the court on their own or through the court bailiffs.

Debt of housing and communal services

Liability of landlord for non-payment of housing and communal services

Here can be a few cases of the punishment of the debtor:

  1. If the housing is not privatized and is a municipal property, then the non-payment of debt for the three months have the right to turn off the gas, shut off the hot water, to stop the flow of electricity. If the debt is not repaid after six months, residents at all grounds can move into more modest housing that meets all standards of living.
  2. If the apartment or house are in the property, eviction is impossible. Utilities can only suspend the supply of some resource.
  3. If the apartment is leased, the responsibility for payment of utility services lies with the owner of the apartment, and he in turn may recover from tenant the debt through the courts as a private person.

In most cases, management companies and utilities, served on the debtors to the court, nothing about the fact that there is a Statute of limitations on housing debt.

Legislation

What is the Statute of limitations on housing debt is set by law? The Statute of limitations is the period within which the plaintiff may apply to the court for the restoration and protection of violated rights and obligations. This process is regulated by the Civil code, namely article No. 196. According to this article, the Statute of limitations on housing debt is three years. That is, after this time the plaintiff loses the guarantee of protection of their rights, and the defendant (the debtor), on the contrary, acquires the right not to pay old accounts legitimately.

How long the debtor submit to the court

A Special law and well-established deadlines for the debtor to court does not exist. Management company (MC) or HOA (TSN) act on their own. In principle, they can sue on the second month after the formation of debt. But such cases are rare. Some organizations still have a claim in court when the Statute of limitations for the debts of housing and communal services has long expired, relying on the legal ignorance of the debtor.

The Possible actions of management companies and homeowners (TSN) in the formation of debt

Pre-trial debt settlement no. And in practice, management companies and homeowners do not hurry with the applications to the court. They are out trying to negotiate with the debtor to establish new terms of payment, provide installments and so on. Such actions are taken due to the fact that the court, figuring out all the circumstances of the case is likely to take an interest, provided citizens information on the amount of debt, terms and methods of payment.

the Statute of limitations on debt utilities 2017

Time limit for filing a lawsuit in the court on the debtor's utility bills

The Municipal organization, notice to the owner about the formed debt at any time may apply to the court at its discretion specify the period for which the collected debt. It could be ten, fifteen years and six months. But if the defendant will submit a request to the expired housing debt according to the law (article 196 of the Civil code of the Russian Federation), the most the court will oblige the debtor to pay funds only for the last three years.

In what cases are the Statute of limitations for collection of debts on housing and communal services

Article 196 of the civil code applicable in all cases that relate to debts on utility bills:

  • State and privatized housing;
  • Period of debt can be any amount, but not less than three years since the last payment;
  • Recovery can be directed to all adult citizens, registered in this area: in this case, the petition Statute of limitations on debt of public utilities should serve all the defendants.

the Statute of limitations for the debts of housing and communal services

Terms of lapse of time on debt utilities

A law on the Statute of limitations is undoubtedly valid. But there are some nuances. If they do not consider the request about the loss of the claim terms, the court the debtor will not accept. In order not to fall into this trap, the owner should not:

  • Make any payment on the old charges, which have three or more years;
  • To sign papers that give representatives of the management of the company;
  • To agree with the claim and the existing debt.

The Order of adjudication of the claim for utility arrears

Sooner or later, if the debt for utility payments grows, the organization will appeal to the court. The judge may consider it in either of two ways:

  1. The Court order. Prikazna production is the subject of a Chapter 11 Civil code of the Russian Federation. If the amount of the claim less than 500 thousand rubles, the case can be considered without the involvement of the parties. But for this the default of the debtor must be explicit evidence of thorough, detailed calculation. The restraining order is easy to cancel within ten days. If no action is made, it shall enter into force on the eleventh day. If the defendant served a motion to quash the court order, the case is referred to the district or regional court for consideration in the hearing.
  2. The Solution in the process of the hearing. This process is to challenge the parties, consideration of all the documents, then there is a hearing. The claim in this case is served at the place of residence of the debtor. Here the defendant may file a petition for the lapse of time, if this is true. The court decision shall enter into force one month after issuance. While it has not entered into force zakonnuyu, you can appeal.

The Important point is to not miss the deadlines for the cancellation of orders, filing of petitions and appeals.

debt relief housing on the Statute of limitations

How to write off the debt on the Statute of limitations

With proper use of the law, it's easy to make a debt relief housing on the Statute of limitations. Complete cancellation is possible if the organization charges the debtor through the courts only old zadolzhennosti. If a single claim includes debt under the age of three years, the court will be obliged to pay in full.

How to write and submit a petition for application of term of limitation of actions in 2017

If the Statute of limitations on housing debt in 2017 has expired, means that final payment receipts were produced no later than 2014. In such circumstances, the law on the Statute of limitations stands on the side of the debtor. So, algorithm of actions of the defendant must be:

  1. If an obtained court order. Writ is issued by a judge, most of the world, in absentia, without presence of the parties and third parties, when all the facts and evidence available, the debt is confirmed. First, it is necessary to cancel the court order within ten days after its adoption. To make it easy. Uh...

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BE: https://tostpost.com/be/zakon/13479-yak-term-n-da-nasc-pa-da-gah-zhkg-u-rase.html

DE: https://tostpost.com/de/das-gesetz/13483-welcher-verj-hrungsfrist-f-r-die-schulden-der-wohnungs-und-kommunalwir.html

ES: https://tostpost.com/es/la-ley/13493-qu-es-el-plazo-de-prescripci-n-de-las-deudas-de-la-administracin-de-se.html

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JA: https://tostpost.com/ja/the-law/7538-what-is-the-statute-of-limitations-on-debt-bills-in-russia.html

KK: https://tostpost.com/kk/za/13482-anday-esk-ru-merz-m-boryshtary-boyynsha-tksh.html

PL: https://tostpost.com/pl/prawo/13470-jaki-jest-termin-przedawnienia-d-ug-w-mieszkaniowych-w-rosji.html

PT: https://tostpost.com/pt/a-lei/13463-qual-o-prazo-de-prescri-o-das-d-vidas-de-habita-o-em-portugal.html

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ZH: https://tostpost.com/zh/the-law/8200-what-is-the-statute-of-limitations-on-debt-bills-in-russia.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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