Interruption of the limitation period - methods
The interruption of the limitation period has the effect that it starts anew from the moment of the interruption. In the case of actions before the court, it runs anew from the moment the proceedings are completed. Unless specific provisions state otherwise, the limitation period is 10 years. The period for periodic benefits and those related to running a business is 3 years. In the case of tax liabilities, the limitation period is, as a rule, 5 years, while if the obligation was related to the delivery of a decision of the authority - then 3 years. In all cases of claims confirmed by a final judgment, the obligation expires after 10 years.
Does the repayment of part of the debt interrupt the limitation period?
Yes. Partial repayment of the debt (e.g. installment) is the recognition of the claim by the debtor. By making a payment of a certain amount of money, the debtor admits that he owes the creditor a certain amount of money and thus confirms the existence and legitimacy of the debt towards himself. The creditor may perceive such a partial payment as an activity on the part of the debtor aimed at full satisfaction. Such a procedure, under Art. 123 § 1 of the Civil Code, the limitation period for the claim is interrupted.
When is the limitation period interrupted?
The limitation period is interrupted only when the debtor recognizes his debt before the expiry of the limitation period. Art. 123 of the Civil Code indicates when the limitation period is interrupted, thus:
By performing 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 establishing, or satisfying or securing the claim;
by the recognition of the claim by the person against whom the claim is entitled.
It should be remembered that in a situation where a court trial takes place and the initiator of the trial is the debtor applying for recognition of the statute of limitations, the debtor bears the burden of proving the debtor's partial payment of the liability. Therefore, it is important to keep all documents proving the receipt of a part of the debt, e.g. confirmation of transfer acceptance, payment receipt.