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?
Utility Services is trouble-free supply of apartments and houses resources that are required for normal, comfortable human life. This includes:
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.
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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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:
Here can be a few cases of the punishment of the debtor:
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.
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.
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.
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 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.
Article 196 of the civil code applicable in all cases that relate to debts on utility bills:
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:
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:
The Important point is to not miss the deadlines for the cancellation of orders, filing of petitions and appeals.
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.
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:
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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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