Debt limitation does not mean the end of debt

Many Poles live in the belief that the limitation of debt is equivalent to its full remission. In the meantime, as the reality and existing civilian law rules show, nothing more wrong. The statute of limitations does not remove debt but simply transforms its legal form. For the debtor, this frequently means further problem — not only legal but besides financial.

Debt after statute of limitations: what truly changes?

According to the amendment of the civilian Code in force since July 2018, the basic limitation period for most claims is 6 years. In case of claims relating to economical activity and periodic benefits (e.g. loans, rents), shorter — is 3 years.

But that doesn't mean that after that time, the creditor can't do anything. On the contrary, many usage legal mechanisms that interrupt the statute of limitations, for example by:

• filing a lawsuit,
• initiation of mediation,
• settlement,
• initiating enforcement proceedings before the deadline.

If at least 1 of these activities is undertaken before the end of the limitation period, debt shall not be subject to limitation — and consequently, he can inactive be investigated, including by a bailiff.

Limitation does not mean erasure of debt from registers

This is simply a very crucial aspect that is frequently overlooked. Even if the creditor fails to act within the time limit and the claim expires, the debt does not vanish from databases. It can inactive appear in registers specified as large InfoMonitor, KRD or ERIF, which effectively lowers the debtor's creditworthiness.

The consequences are serious:

• refusal to grant a debt or loan,
• difficulties in signing a lease or lease agreement,
• problems with acquisition for installments,
• complications erstwhile entering into contracts with telephone operators or net providers.

Long Poles: statistic talk for themselves

According to the large InfoMonitor Debtors Registry, at the end of 2024 more than 2.5 million Poles faced debt problems. full amount of backlog reached astronomical level PLN 84.7 billion, a average debt per individual was as much as PLN 33,5 thousand.

This amount includes, inter alia:

• outstanding instalments of loans,
• rental arrears,
• outstanding alimony,
• fines and fines for driving without a ticket,
• unpaid phone, electricity or net bills,
• judicial fees and another civilian obligations.

Right on the debtor's side? Yes, but conditionally

Pursuant to Article 117 § 21 of the civilian Code, after the expiry of the limitation period the debtor may deviate from the satisfaction of the claimif he raises a limitation charge. The court of its own motion does not take into account the statute of limitations — the suspect must. Moreover, in the case of the consumer, the court should examine the statute of limitations on an ex officio basis, resulting from the amendment of the civilian Code of 2018.

It is besides worth remembering the case law of the EU Court of Justice on C-632/20 ruled that the national court has an work of its own motion to examine whether the claim is not limitationif the organization to the proceedings is simply a consumer.

Conclusions: debt after limitation can inactive make life miserable

The limitation of debt is not the end of trouble, but frequently the beginning of real financial and formal problems. Alerts in debtor registers, limited creditworthiness, and the anticipation for the creditor to take action to break the statute of limitations — all this makes the debtor incapable to sleep peacefully, even if the limitation period for his work has expired.

The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.

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