I owe money. When can I refer to a limitation period?


I owe money. When can I refer to a limitation period?
 
 
 
I have a fixed-term contract with a mobile operator, but I have stopped paying my fees. I have a credit, but I can not pay my contributions. These are part of the variety of cases in which I am a debtor and I fall into a situation where, for one reason or another, I am not paying my debts.
 
 
 
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In the bottom rows we will look at the cases related to my obligations to a civil entity (person, bank, mobile operator, service provider, etc.), but NOT to a public authority (NRA, Traffic Police).
 
What do you expect in such cases?
I can pay my obligation voluntarily;
I can wait for a reaction from my creditor, he will either begin a forced debt collection operation or leave things unspent. In the latter case, with the expiration of a certain period of time, my liability will be time-barred.
What is a limitation period?
The limitation period is a period of time defined in the law, during which my creditor fails to act and does not take action to collect the receivable in a compulsory manner. When this period of time has expired, my creditor is deprived of my right to seek enforcement of my obligation - it is open to me to legally refuse to pay my debt. If the creditor seeks assistance from the court to collect his claim, the latter is not under an obligation to verify that my prescription has expired. I (or my attorney) must explicitly invoke the expired statute so that I can use it. This is to refuse to pay and as a reason to explicitly state that the prescription has expired. In this case, I still owe the corresponding amount of money along with the accrued interest, but my creditor can not collect my claim by compulsion. It remains possible to pay him voluntarily and this will not be unduly paid. This means that the creditor can not force me to pay, including if I get the assistance of the competent authorities, if I refer to the fact that he has been idle for a long time.


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I owe money. When can I refer to a limitation period? I owe money. When can I refer to a limitation period?