Interruption of the limitation period - all you need to know!
Often there is a situation where the debtor pays only part of the debt. Such a situation on the part of the creditor may be used from the point of view of the limitation period for the claim. In what circumstances, then, is the limitation period interrupted?
When is the limitation period interrupted?
It should be remembered that the limitation period is interrupted only before its expiry. Of course, it may be interrupted several times, which will result in the counting of the next expiry date from the beginning. Such a situation is provided for in the Civil Code, Art. 123 provides that the limitation period is interrupted:
by any action before a court or other body appointed to hear cases or enforce claims of a given type, or before an arbitration court, undertaken directly for the purpose of pursuing or determining, or satisfying or securing a claim;
by the recognition of the claim by the person against whom the claim is entitled.
Why does partial payment interrupt the limitation period?
Partial payment may be treated by the creditor as an activity of the debtor intending to be paid, in other words - partial, even small payment is the so-called improper recognition. Through this action, the debtor confirms the existence of the claim and its legitimacy in relation to himself. It should be remembered that in the event of a court trial, the court takes the statute of limitations into account at the request of the debtor, but the creditor will have to prove a possible improper recognition, i.e. partial payment. Therefore, it is very important to keep documents confirming receipt of a part of the debt, among others bank account statement confirming the transfer, written receipt for payment, as a last resort, having payment witnesses.