Debt Archives – A Reliable Law Firm
November 4, 2019
The term is widely known and used. It is also likely that many people know that the essence of limitation is to make money or other claims unrecoverable due to the passage of time. Nonetheless, many misconceptions and inaccuracies are circulating about limitation. Let’s look at some of these now.
What is the Declaration of Debt?
In the case of debts under a contract or without a contract, it is common for the debtor to make a declaration of debt. Recognition of debt does not create a new obligation, but it may have a significant impact on the legal relationship between the parties involved. What form of debt declaration can be made and what effect does it have?
Debt collection: Is it possible for the relationship to remain?
Debts are annoying, frustrating, and hurling. No matter which side we stand on. On the basis of my observations, we can say with great certainty that the entrepreneur of today’s age faces at least one time in the course of his operation that one of his customers, clients and partners does not settle the invoice within the given deadline.
The question is, what can we do to recover our receivables, but the relationship is not irreversible.
We do not know who to pay or do not accept? – Court deposit can help
The deposit of a court is a specific form of debt settlement. It may happen that the debtor, for example, does not know who has to pay, or if the creditor does not want to accept the performance because of a dispute. In such cases, if you want to fulfill our obligation, you have the option of depositing with the court.
Changes in the order for payment order
One of the most common ways of enforcing money claims is a payment order issued by a notary. Many people choose to make a payment order because of their simplicity and speed, and in the case of low value cash claims, it is mandatory to use this route. In 2018, there were legislative changes to the order for payment procedure. What are the most important changes?
What are the basic rules for making money?
If a person has a treasury, he can fulfill his obligation by paying the amount. Making a cash deposit raises some basic questions that need to be clarified. What Is Paying? Can I pay in any currency? How should the payment be recorded if the debtor has more than one debt? How to account if the payment does not cover the entire debt?
Transfer of claims – or how can I get my debt to another?
If someone has a claim against another person, he or she may transfer that claim to a third party. For example, it is often the case that financial institutions transfer their debts to debtors to debtors, so that the debtor is no longer the bank but the debtor. How is the transfer of claims made? Does this require the debtor’s consent?
What documents can be used for enforcement?
In the case of debt of different service providers, financial institutions, they are willing to send customers a request for payment in which they envisage an enforcement procedure. In this case, they are usually informed of the fact that they have to bear further significant costs of execution and are responsible for the debt with their full assets (wages, real estate, etc.). Such information may be misleading because, on the one hand, they may give the customer the impression that the service provider may initiate execution without any further procedure, and may, on the other hand, directly prohibit the debtor, for example. However, this is not the case in many cases. What documents can be used for enforcement? Who is eligible for execution?
Will the owner also pay if the tenant was the gas meter?
We are already in the heating season, and unfortunately the tenants of the apartments want to avoid paying the bills in different ways. There are also many examples that tenants ‘disappear’ from the apartment by spring, leaving the landlord with unpaid consumption. Even if the tenant has a contract with the gas supplier, the owner cannot be completely calm. In such a case, may the owner be forced to pay?
Does one spouse be responsible for the debts accrued by the other party?
It is well known by everyone that, during marriage, there is a community of property between the married parties, so everything they get under the community becomes common property. However, many people do not think that the assets acquired by one of them will be shared, but also the liabilities they have undertaken. In which cases is the husband or wife responsible? the wife for the other’s commitments? Can the bailiff order the property on behalf of the spouse?