The debt is returned before the court decision comes into force

What is a statute of limitations? Does everyone understand it correctly, and most importantly, do they know those aspects of it that can dramatically change the course of things? Is this concept applicable to enforcement proceedings? Most of all, these issues concern those who have overdue loans and legal proceedings on them.

The limitation period is a period determined by law to protect the rights of an organization or citizen whose rights have been violated. After this time, the interested person loses the opportunity to demand in court the protection of his rights or interests related to material recovery.

The purpose of this legal instrument is to encourage participants in civil legal relations to comply with the timeliness of filing claims and other actions to resolve disputes.

The limitation period for a writ of execution is considered to be 3 years from the last official contact of the parties to the dispute. It would seem that if you are not touched for 3 years on some matter, then the weight is off your shoulders.

Expert opinion

Alexandra Sokolova

More than 6 years of experience. Specialization: civil law, contract law, social security law, consumer protection. 8

At first glance, everything is simple, however, you can get into trouble without knowing the basic truths of this issue. It must be said that it is precisely this concept that is associated with many “folk legends” that are not confirmed by current legislation.

2 Truth No. 2: The statute of limitations for bank debts exists!
3 Truth No. 3: Limitation period for enforcement proceedings
3.1 Situation No. 1: You did not receive a writ of execution
3.2 Situation No. 2: You were handed a writ of execution

4 Phone call from the bank - starting all over again?

Is there a statute of limitations for enforcement proceedings?

The government agency that carries out enforcement proceedings is the Federal Bailiff Service of the Russian Federation.
Issues relating to their activities are regulated by the Law on Enforcement Proceedings No. 229-FZ. It does not contain the concept of “limitation period for enforcement proceedings”. However, in order to carry out actions for which they are authorized, bailiffs must be guided by the deadlines specified in Article 36 No. 229-FZ. They are given a two-month period from the moment of initiation of enforcement proceedings to carry out enforcement actions. The period for initiating the case is not included in the period. The rule applies when a court decision, order or other act of a court or federal law does not establish another deadline for its enforcement.

Note! Tax and customs legislation may provide for their own deadlines for making mandatory payments.

Shortened deadlines are provided:

when the bailiff transfers an order to another bailiff to carry out enforcement actions, to apply enforcement measures - within fifteen days from the date of receipt of the resolution, unless other deadlines are indicated in it;
when a bailiff gives another bailiff an order to apply interim measures - it must be executed on the same day or, if impossible, the next;
when a court decision on reinstatement is made, it must be executed immediately;
when a court decision is made to collect alimony, pay wages to an employee for three months, include a citizen of the Russian Federation in the list of voters, referendum participants - must be executed immediately;
when a court ruling is made to apply interim measures, it is executed immediately.

The execution period is set to protect the rights of the claimant. Its expiration is not an obstacle to the bailiffs continuing their actions. This period is not a statute of limitations, since its expiration does not entail the termination of enforcement proceedings. There is no statute of limitations for enforcement proceedings.

An exception is the provision of Article 47 No. 229-FZ, according to which enforcement proceedings can be completed without the actual execution of a judicial act by the expiration of the statute of limitations provided for in Article 31.9 of the Code of Administrative Offences. The decision to impose an administrative penalty must be executed within two years or it loses binding force.

Note! The rule does not work if the person against whom the decision was made evades its execution. The countdown resumes from the moment when the location of the violator or his property, which can be subject to administrative penalties, was discovered.

Despite the fact that the end of the period for carrying out enforcement actions does not relieve the debtor from fulfilling the requirements, the claimant has the right to demand that the bailiff take the necessary actions within the period established by a judicial act or law.

Mild degree

The total sentence for a minor offense does not exceed 3 years. The severity of the unlawful act did not affect the further fate of the victim - the consequences of the incident were minimal. How is the offender's act assessed?

intentional illegal actions;
severity of harm to health;
offense due to negligence without malicious intent.

The application of the maximum penalty should only occur in aggravating circumstances when malicious intent is proven even with minimal consequences for the victim.

An intentional unlawful act presupposes the relevance of the crime for up to 2 years if a relationship is established between the cause and effect of the incident: the victim was injured due to the offense.

Mild crimes include theft, fraud, embezzlement and neglect of duty: there were injuries as a result of negligence. In the case of assault or bodily harm, a minor offense sentence also applies.

This is important to know: Appealing a decision on an administrative offense: where to file a complaint, deadlines and sample 2020

Statute of limitations for court decisions

The concept of “statute of limitations on court decisions” does not have any legal codification. Court decisions are unlimited and are valid until they are cancelled.

Statute of limitations for enforcement of a court decision

The court decision is enforced in accordance with the writ of execution, which is issued after the decision enters into legal force, with the exception of cases where it must be enforced immediately - the writ is issued immediately after the decision is made. At first instance, the decision comes into force if it has not been appealed within a month.

Special rules are established for a court order, which is a “fusion” of a judicial act and an executive document, and therefore does not require the issuance of a writ of execution according to the rules of Article 130 of the Code of Civil Procedure of the Russian Federation. If the debtor does not object to the demands within ten days, the order itself is submitted for execution.

Please note! Article 21 of the Law establishes the deadline for presenting a writ of execution for execution. The claimant has three years to submit a writ of execution or court order to the bailiffs. If he does not do this, the opportunity to file a document and initiate enforcement proceedings disappears. The deadline can only be restored according to the rules of Article 205 of the Civil Code if the claimant provides the court with a valid reason for missing the deadline: serious illness, helpless condition, illiteracy.

If the document contains a requirement for the payment of periodic payments, it can be presented within the payment period, and after its expiration - within a three-year period. The document issued by the labor dispute commission must be presented within three months. If the tax and customs authorities have issued an act on the collection of funds, and the credit institution returns it with a note about the impossibility of execution, the act can be presented again within six months from the date of return. And without a credit institution’s mark - within six months from the date of issuance of the act. A two-year period is established for acts on administrative offenses.

Note! The period is interrupted, in accordance with Article 22 No. 229-FZ, when the writ of execution is presented to the FSSP or when the demand is partially fulfilled by the debtor. The period that expired before the start of the break is not included in the new period.

Limitation period for civil cases

Statute of Limitations (STL) is a period provided for the protection of a previously violated right through legal proceedings in court. Limitation periods are established on the basis of the Civil Code of the Russian Federation, and if they are missed, it will be much more difficult to enforce the forced defense of the plaintiff’s violated right in court, since the court has the right to refuse the claim (Article 199 of the Civil Code of the Russian Federation) justifying the decision by the plaintiff’s loss of the possibility of judicial protection. Therefore, before filing a claim in court, no matter whether it is a claim for debt collection, inheritance of property or other types of civil liability, it is first necessary to establish whether the statute of limitations for this civil case has expired. However, it is worth noting that missing the limitation period retains the plaintiff’s right to go to court for two reasons:

In accordance with Article 199 of the Civil Code of the Russian Federation, the court is in any case obliged to accept the claim and consider the presented case on its merits. A decision to dismiss a claim can be made by the court only if the plaintiff or defendant claims that the statute of limitations has expired.
Based on Art. 205 of the Civil Code of the Russian Federation, the limitation period can be restored.

Filing a debt collection application

To submit a petition to the court to consider a case in a simplified mode, you will need to comply with a number of procedural standards provided for by the Civil Code of the Russian Federation. The application is submitted for consideration to the magistrate at the place of residence of the defendant. If the debtor is hiding and it is not possible to establish his whereabouts, you can file a petition in the court of the district where the plaintiff is registered.

In the upper right corner of the paper the full name of the judicial authority to which the petition is submitted is written.
Details of the applicant - full name, registration address, contact phone number (e-mail).
Data of the defendant-debtor.
The main text describes in a concise but clear form the circumstances that resulted in the debt and its size at the time of going to court.
At the end of the text, demands are made for the return of the borrowed amount with interest accrued during this time. Here you should provide a link to the relevant articles of the loan agreement and the provisions of civil law.
The application should be accompanied by documentation confirming the legality of the requirements put forward by the borrower - a loan agreement, or a receipt certified by the signatures of both parties.
Receipt for payment of state duty in the amount of ½ of the similar fee established for legal proceedings.

We invite you to read: The defendant is evading execution of the court decision.
All attached documents should be indicated at the end of the main text of the application in the form of a list. The fact is that there are cases of loss of some papers in the court office. Confirming their original presence, in the absence of an inventory of the submitted documentation, can be very difficult.

Types of limitation periods

Limitation periods for civil cases are general and special. In turn, the general term for civil cases is 3 years, and the establishment of a special term directly depends on the case to which it applies. Eg:

the period for the claim of the drawer against all involved persons is 6 months;
the period for claims related to property insurance is 2 years;
the period for a claim for inadequate quality of work performed related to the transportation of goods is 1 year;
the period for filing claims against the seller who has violated the right of first refusal is 3 months;
the period for filing claims under a domestic contract for inadequate quality of work is 1 year (clause 1 of Article 725 of the Civil Code of the Russian Federation);
The period for filing claims under a construction contract for inadequate quality of work is 5 years (Clause 1, Article 756 of the Civil Code of the Russian Federation).

Also, in accordance with Art. 208 of the Civil Code of the Russian Federation, there are claims to which the statute of limitations does not apply, namely:

a claim against the bank against depositors' demands for the issuance of deposits;
claim for compensation for damage caused to the health and life of the plaintiff;
a claim against the demands of the owner (other owner) to eliminate violations of his rights associated with deprivation of title to property;
claim for claims for the protection of personal non-property benefits;
other claims in accordance with the law.

Suspension of the limitation period is possible in exceptional cases, such as:

if the plaintiff is in the Armed Forces transferred to martial law;
if there is a moratorium (delay) on the fulfillment of obligations;
if there is an obstacle to filing a claim resulting from extraordinary circumstances;
if the operation of a legal or legislative act on the basis of which the violated rights are regulated is suspended;
if a mediation agreement was concluded between the parties to the dispute to resolve the conflict with the participation of a third party (mediator).

Suspension of the limitation period for the listed civil cases is possible during the period of their occurrence in the last 6 months. After the circumstances preventing the filing of the application have been terminated, the limitation period resumes.

When is it possible to suspend the term{q}

It should also be remembered that the statute of limitations for a claim may be suspended for a certain period of time. This is possible if at that time the plaintiff was undergoing military service in the armed forces. Also, the case will not proceed if for some reason the defendant cannot be served with a subpoena, which, however, almost never happens in practice.

A sufficient basis may be the provision of any benefits to the defendant, as well as the violation of human rights in the process of claiming money. All of the above are sufficiently compelling reasons to suspend the trial. However, as soon as the circumstances preventing the filing of a claim are eliminated, the trial will resume.

Calculation and running of the limitation period

In accordance with Art. 200 of the Civil Code of the Russian Federation, the starting point for calculating the limitation period in a civil case is the day when the plaintiff discovered violations of his rights. The beginning of calculation of the limitation period for obligations with a certain period of fulfillment (debt receipt, limitation period for loans, etc.) is determined by clause 2 of Art. 200 Civil Code of the Russian Federation. The flow of the SIA for obligations with an indefinite execution interval is calculated from the moment the creditor’s rights to make claims against the debtor arise. The limitation periods for recourse obligations are calculated from the moment the fulfillment of the main obligation begins.

It is important to note that on the basis of Art. 201 of the Civil Code of the Russian Federation, a change in persons in relation to established obligations cannot change either the limitation period or the procedure for its calculation.

The legislation of the Russian Federation in relation to civil claims provides for the possibility of suspension (Article 202 of the Civil Code of the Russian Federation), interruption (Article 203 of the Civil Code of the Russian Federation) and restoration (Article 205 of the Civil Code of the Russian Federation) of the limitation period.

After the break, the limitation period is calculated as newly established, that is, the duration of the statute of limitations before the break is not counted in the new period!

The duration of the limitation period, if the claim remains without consideration, is determined in accordance with Art. 204 of the Civil Code of the Russian Federation, which indicates some circumstances, the presence of which indicates a good reason for a change in the course of SID (helpless state, serious illness, etc.). The court, when considering a case at the request of the plaintiff to restore the statute of limitations, has the right to classify the said reason as valid at its discretion.

The reason may be considered valid if the specified circumstances occurred in the last 6 months (exactly or less than 6 months) of the limitation period.

Consequences of expiration of the statute of limitations

Expiration of the statute of limitations in a civil case on the basis of clause 2 of Art. 199 of the Civil Code of the Russian Federation may itself become a reason for refusal to satisfy a claim, and here it is necessary to pay special attention to two issues:

Will the creditor's subjective right be terminated?
Legal basis for reclaimed property?

The answer to the first question is regulated by Art. 199 and 206 of the Civil Code of the Russian Federation, on the basis of which we can conclude that the subjective right of the creditor does not terminate, but the possibility of its forced protection does not have serious grounds. The violated subjective right will be protected if the debtor does not independently declare the need to apply the statute of limitations and the claim was satisfied by the court. If the debtor fulfills his debt obligations, including on the basis of a promissory note, voluntarily, without knowing about the expiration of the limitation period, he has no right to demand the return of what has already been fulfilled. However, if the court considers the reasons for the omission to be valid, then the claim may be satisfied, thereby creating protection for the violated citizen’s right. The answer to the second question, concerning the fate of property with an expired statute of limitations for reclaiming, is based on rules that take into account the type of property and the reasons on which the owner ceased to own it. So, for example, if the subject of the dispute was a sum of money, and the claim was refused due to the expiration of the statute of limitations, then the disputed amount is included by the debtor in his own profit, and from that moment the creditor’s right is completely terminated, accordingly, the amount of debt is transferred to the item of losses and subject to write-off. If the subject of the dispute are any things, then the ownership right passes to the actual owner on the basis of Art. 234 Civil Code of the Russian Federation.

The rule on the fate of property and monetary amounts applies to both individuals and legal entities.

Also, it is worth noting that in Russian legislation there are norms of so-called preemptive periods, when the right of ownership of the actual owner may arise due to their expiration, which, in turn, can also be a basis for refusing to satisfy the claim. For example, a creditor has the right to demand fulfillment of debt obligations or property from the debtor’s heirs no later than 6 months from the date of entry into force of the inheritance. At the same time, refusal of a claim on the basis of expiration of the statute of limitations becomes the reason for the termination of the subjective right of the creditor and, accordingly, property rights arise with the actual owner. In accordance with Art. 207 of the Civil Code of the Russian Federation, the rules establishing the limitation periods are also applicable to additional claims (payment of interest, penalties, penalties, lost income, etc.). Requirements for their payment are extinguished by the expiration of the limitation period along with the main debt, regardless of how it arose. Thus, if the debtor has an objection to the claim on the main subject of the contract due to the expiration of the statute of limitations, this objection also applies to securing the obligation with a deposit, guarantee and other aspects, thereby depriving any additional claims of legal protection. An exception is a bank guarantee, the obligation of which carries an independent meaning.

After the creditor's claims for collection of the loan debt, accrued interest, fines and penalties, as well as legal expenses are satisfied in court, the Federal Bailiff Service (FSPP) receives a writ of execution. According to it, the debtor will be forced to fulfill the obligation. But what is the statute of limitations on a loan after a court decision, during which the borrower must pay the debt?

Case completion options

An ideal solution would be an agreement between the conflicting parties. The case will also be closed if the creditor has not recovered funds from the debtor for several years. But one should not think that if the period for claiming money for debts has come to an end, then the existence of those very debts can be safely forgotten.

You must immediately go to court with an appropriate petition to close the debt. If these measures are not taken, the creditor will be able to re-file his claim and the case will be reopened.

If the plaintiff decides to proceed to trial, then the countdown of the statute of limitations will need to begin after the court’s decision

As mentioned above, the statute of limitations for debts of legal entities and individuals expires within 3 years. After this time, the creditor does not have the right to collect debts, but can go to court again, which, however, rarely has an effect, but only delays the case.

In some cases, the claim may be returned back to the creditor. This happens due to the banal impossibility of paying the required amount in full or even in part. In this case, you should start counting the period again, starting directly from the day the claim was returned.

Also, if due to any circumstances the judicial process was suspended, then the period during which the creditor has the legal right to collect his funds from the debtor is also considered suspended. As soon as the case begins again, the period of judicial debt will also be renewed.

We suggest you familiarize yourself with: Entering into an inheritance without a will after death and under a will, procedure, deadline, documents

Limitation period for a loan

Let us clarify that the limitation period for a loan agreement is generally 3 years, according to Art. 196 of the Civil Code of the Russian Federation. This is the period when the creditor has the right to legally recover the debt from an unscrupulous payer, either personally, or through third parties, or in court.

Note! The expiration of the statute of limitations on a loan is not an obstacle for the creditor to demand fulfillment of obligations from the debtor in accordance with Art. 199 of the Civil Code of the Russian Federation.

Important! If you yourself are dealing with your own case related to the statute of limitations on a loan after a court decision, then you should remember that:

All cases are unique and individual.
Understanding the basics of the law is useful, but does not guarantee results.
The possibility of a positive outcome depends on many factors.

The court will accept the application for debt collection even after the statute of limitations has passed; Moreover, it can make a decision on the case if the defendant has not submitted a request to end the statute of limitations. Such a court decision must be appealed by filing an appeal to the court of second instance with a request to recognize the statute of limitations as expired.

The creditor, however, has the opportunity to refuse to establish a limitation period on the following grounds:

interaction with the debtor for the out-of-court settlement of the loan debt using official letters (sent by registered mail with notification to confirm receipt by the debtor) or telephone conversations (with a record of recognition of the debt by the borrower and with his knowledge);
the creditor's filing of a claim with the court to collect the loan debt before the expiration of the statute of limitations.

The limitation period for a loan begins from the moment when one of the parties violated the terms of the concluded agreement; Often this is the borrower, and in this case the bank has the right to demand early repayment of the loan. If this period is not specified in the agreement, then it begins from the moment when the lender stated its demands for repayment of the loan debt in connection with the borrower’s violation of the terms of fulfillment of obligations.

Note! In accordance with Art. 330 of the Civil Code of the Russian Federation, the bank, in addition to the principal debt, has the right to demand the return of accrued interest and penalties; in this case, the statute of limitations for such additional payments will end simultaneously with the statute of limitations for the principal amount of the debt.

In the case where the loan agreement specifies the period of time when it must be executed, the limitation period is calculated based on the provisions of Part 2 of Art. 200 of the Civil Code of the Russian Federation, from the moment the contract expires. But it cannot exceed 10 years from the date the obligation arose.

In other cases, the debtor may assist the creditor and renew the statute of limitations:

repaying part of the loan debt;
voluntarily declaring that he is a debtor on the loan;
by signing a document related to the debt.

Therefore, in order to prevent the renewal or renewal of the statute of limitations, it is necessary not only to carefully study the loan agreement, but also to consult with a lawyer.

Statute of limitations for enforcement proceedings

After the court decision on the collection of loan debt comes into legal force, a writ of execution is sent to the FSSP, according to which enforcement proceedings are initiated in the case. The statute of limitations for presenting a writ of execution for collection is 3 years, by virtue of Art. 196 of the Civil Code of the Russian Federation and Art. 21 of the Federal Law “On Enforcement Proceedings” No. 229-FZ of October 2, 2007 (hereinafter referred to as Law No. 229-FZ), and begins from the moment the court decision enters into force. Its completion is the basis for termination of enforcement proceedings in the case.

If within 3 years the debtor has not received a writ of execution due to the negligence of civil servants or a bank that did not apply with a writ of execution to the bailiff service for collection, then based on the expiration of the statute of limitations of the writ of execution, the creditor will not have the right to sue the debtor, and The loan debt can be written off.

When the debtor received the writ of execution in his hands, then in accordance with paragraph 6 of Art. 21 of Law No. 229-FZ, the bailiff has the opportunity to collect the debt within 6 months. If collection under the writ of execution cannot be carried out, it is returned to the claimant. There may be several reasons for this. The debtor does not have:

official income;
property that can be foreclosed on;
bank account that can be seized;
permanent place of residence, due to which the search is impossible.

In this case, after the bailiff returns the writ of execution to the creditor, the 3-year period for presenting the writ of execution for collection begins again. Consequently, every time the creditor sends a writ of execution to the bailiffs, they are obliged to initiate enforcement proceedings in the case of debt collection on the loan. The statute of limitations for filing a writ of execution will end only if the creditor does not initiate the filing of a writ of execution within 3 years, and the loan debt will be written off on this basis.

Discuss the issue of the statute of limitations on a loan after a court decision with a lawyer

Actions of the consumer after the court decision enters into legal force

In addition, after receiving a writ of execution, there are often cases when the claimant (that is, the party that won the case in court) does not know where and within what time frame it is necessary to present the writ of execution. And here there is something to be confused about: in court, as a rule, they do not give detailed information, limiting themselves to the phrase: “now go to the bailiffs” or they refer you to lawyers. What to do if there is no way to seek legal advice? I suggest you figure it out on your own.

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Socialism was brought to them on a silver platter - ours suffered for it, It’s easier to refuse a gift than to give up your earned money, And if the reforms brought everyone satisfaction equally, it would make sense to talk about luck and success, More and more understanding is coming when it was still better,

Is there a statute of limitations for enforcement proceedings?

Initiated enforcement proceedings have no statute of limitations. There is no such concept as a statute of limitations for enforcement proceedings in the legislation. In the Law on Enforcement Proceedings there is a concept of time limits for performing enforcement actions. The requirements contained in the executive document must be fulfilled by the bailiff within two months from the date of initiation of enforcement proceedings. However, it should be taken into account that this period is not preemptive, and the expiration of the deadlines for carrying out enforcement actions and applying enforcement measures is not a basis for terminating or completing enforcement proceedings. The time frame does not include the time: 1. during which enforcement actions were not carried out due to their postponement; 2. during which enforcement proceedings were suspended; deferment or installment plan for the execution of a writ of execution; 3. from the day the claimant, debtor, bailiff applies to the court, other body or the official who issued the writ of execution, with an application for clarification of the provisions of the writ of execution, granting a deferment or installment plan for its execution, as well as a change in the method and procedure for its execution before the day the bailiff receives a judicial act that has entered into legal force, an act of another body or official adopted based on the results of consideration of such an appeal; 4. from the date of the decision on the appointment of a specialist until the day the bailiff department receives his report or other document on the results of his work; 5. from the date of transfer of property for sale until the day the proceeds from the sale of this property are received in the account for recording funds received at the temporary disposal of the bailiff unit (hereinafter referred to as the deposit account of the bailiff unit), but no more than two months from the date of transfer of the latter batches of the specified property for sale. As practice shows, the execution of court decisions in this category lasts from a year or more, and in most cases enforcement proceedings end due to the impossibility of collection

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