The statute of limitations is the period of time during which a person can file a claim in court for a violation of his rights. If you do not make it on time, most likely the offender will not be punished. According to Russian laws, the statute of limitations can be suspended, restored and interrupted. But even the Constitutional Court cannot change its duration.

5 facts about the statute of limitations

1. Even if the deadline has expired, the court will still consider the claim and may rule in favor of the latecomer.
2. In order for the court to take into account the statute of limitations on the claim, a petition from the participants in the process is necessary.
3. The expiration of the statute of limitations is sufficient to terminate the case.
4. The court itself cannot use this rule of law to close the case: the judge will know about the delay, but will remain silent.
5. You cannot re-file a claim for an “overdue” case.

How long is the statute of limitations?

By law, the general statute of limitations is three years. It is believed that this time is enough for a person or organization to report violated rights. If the victim has not filed a lawsuit during this period, then he does not need protection. In addition, three years later it is difficult to obtain the facts of the case: there is no material evidence to be found, and witnesses no longer remember much.

There are special time limits for certain types of offenses.

Less than 3 years
Term	Offense	Example
3 months	Violation of the right of first refusal	You have entered into a pre-purchase agreement for an apartment in a new building. When the house was put into operation, you had to buy an apartment. But it was sold to someone else.
6 months	Bounced check	You received a check as payment for work, but the bank refuses to cash it.
1 year	Violation of contract during cargo transportation	You sent the parcel by a transport company, but it did not reach the delivery point.
	Poorly performed contract work	You sent your refrigerator in for repair because it was making too much noise. Shortly after the repair, the refrigerator finally broke down.
2 years	Poor quality product	You bought a car and discovered defects in its operation.
	Refusal to pay insurance	The insurer refuses to compensate for damages in an accident that was not your fault.
More than 3 years
5 years	Disadvantages of working under a construction contract	You discovered cracks in the walls, defects in the floors, multi-level floors, etc. after finishing or purchasing real estate.
6 years	Water pollution with oil	We are also talking about leaks of cargo ships and waste discharges into water bodies.
10 years	Violation of contract during the carriage of dangerous goods by sea	We are talking about the transportation of fuel, flammable and toxic gases, caustic, radioactive, corrosive substances.

There are also requirements for which no statute of limitations is established at all:

• protection of personal non-property (constitutional) rights: to life, freedom, honor, name, integrity, etc.;
• protection of the right to receive a deposit from the bank;
• protection of property rights.

The court may cancel the statute of limitations if the defendant committed a crime more than once or committed several different ones, if he was released from criminal liability or if he is currently serving a sentence (for example, a suspended sentence).

When does the limitation period begin?

From the moment when a person (or company, if we are talking about a legal entity) learned that his rights were violated. For example, during the construction of a house, a crack appeared at the base of the balcony. The buyer of the apartment received the keys, went inside and saw a crack - the statute of limitations had begun. If for some reason the buyer did not notice for several years that the balcony was about to fall (for example, he is afraid of heights and does not go out onto the balcony), the statute of limitations still begins from the moment the keys are received and the property is accepted.

The law specifies valid reasons why the statute of limitations is suspended:

• diseases and injuries;
• business trips;
• military service;
• agreement between the parties to the conflict;
• the claim was brought as part of a criminal case, and the court left it without consideration.

To suspend the period for the above reasons, you must provide evidence that the reasons were relevant for at least six months. That is, a business trip for a week and sick leave due to ARVI will not affect the term. If the case concerns a shortened statute of limitations (3-6 months), its suspension requires that the reason be valid throughout the entire period.

The law provides for the possibility of suspending the statute of limitations if the Government of the Russian Federation has issued a corresponding moratorium. This also happens if the law defining the offense has been suspended. In practice, such cases are rare.

Who benefits from the expiration of the statute of limitations?

First of all, to debtors who have not paid their creditors for years. After all, according to the law, they can only demand debts for three years. In these types of claims, defendants use this rule especially often:

• claims for long-term debts on utility bills - the defaulter can offer an agreement to pay for 3 years, and the management company will agree;
• courts on the payment of fees for the maintenance of the territory in the DNP, SNT and other gardening partnerships: the owners of the plots are required to make contributions for a period of 5-20 years, but by law you can only ask for 3 years;
• claims for debts that arose more than three years ago;

Frequently asked questions about the limitation period

• What is a break in the statute of limitations and how does it differ from suspension?

In case of a break, the period begins to run again when it is resumed. Typically, a break is used in debt cases where the defaulter acknowledges the debt.

• In what cases is it possible to restore the statute of limitations?

When the court decides that the rights of the victim need to be protected. Often used in inheritance cases.

• When does the statute of limitations on a counterclaim begin?

When the requirements for the main claim are fulfilled.

• If the court decided to collect the debt, but the defendant did not fulfill the decision for 3 years, does this mean that the debt has been written off?

No, the court decision is binding without a statute of limitations. The debtor will be charged not only the principal amount, but also penalties for 3 years.

• Does the statute of limitations apply to child support debts?

The plaintiff may demand payment of alimony for a period of no more than three years. This is possible even if there is no basis for alimony at the moment (the children are over 18 years old).

Statute of limitations in other countries

• In the UK, the period for bringing claims under a signed and sealed contract is 12 years. According to the contract, sealed only with signatures - 6 years. The parties may change the term by agreement.
• In Austria, the general limitation period is 30 years. There is a list of shortened deadlines.
• In Germany, as in Russia, a three-year limitation period applies.
• In the US, each state sets its own statute of limitations for claims. It ranges from 4 to 10 years.
• In China, the statute of limitations is 2 years. If harm was caused to health, delay in rent or sale of low-quality goods - 1 year.

Our affairs on the topic

If you have a similar case, you can consult by phone

The loan statute of limitations (LST) is the time period during which the lender can demand repayment of the debt, and the borrower will be obliged to repay it according to the terms. The creditor is given exactly 36 months to do this from the moment he learned that his rights were violated.

If the SID has expired, the borrower's obligation to repay the debt is canceled by law. Basically, banking organizations try to avoid the expiration of the statute of limitations by selling client debts to collection companies or sending a statement of claim to court. It often happens that the lender misses the specified 3-year period. This gives the client every right not to repay the debt according to the law.

When does LED start?

Art. 200 of the Civil Code of the Russian Federation regulates the period when the limitation period for a loan begins. Based on the article, it is clear that there are several options for counting:

1. For loans with an indefinite repayment date, the TIR should be counted from the day when the creditor learned or should have learned about the violation of its rights. That is, clause 1 of Art. 200 of the Civil Code of the Russian Federation states that the countdown of the LED begins on the 1st day of delay. After a non-received payment, the credit institution learned of a violation of its rights to timely repayment. The lender was aware that the defendant in a possible lawsuit would be the borrower who was in arrears. It was from that day that the credit institution could go to court to protect its legal rights, which means that the SID must be counted from that moment.
2. For loans and borrowings for which the repayment period is established by the agreement, the SIR is calculated from the day following the day of expected repayment of the debt. For example, if we are talking about a short-term loan that the client was supposed to repay on December 25, then the SID begins to flow from December 26, provided that the client has not repaid the debt.

In fact, everything is more or less clear only with short-term or long-term loans, for which a one-time repayment of the entire amount of debt is made.

For bank loans and monthly payment credit cards, different courts interpret the law differently. Courts of first instance most often apply clause 2 of Article 200 of the Civil Code of the Russian Federation to such loans and begin counting not from the date of the first delay, but from the expected end date of the loan.

For example, the borrower took out a loan for 2 years, paid the first 3 months and did not pay any more. According to the content of Art. 200 of the Civil Code of the Russian Federation, SID must begin after the expected date of the 4th payment, when the borrower did not make it, and the creditor learned of a violation of his rights. However, the courts of first instance begin counting from the last 24th payment in the debt repayment schedule. Most borrowers, for some reason, do not challenge such court decisions, but clients who take their case to the Supreme Court most often win.

It is the Supreme Courts that cancel such decisions, noting that the IDA in this case should be considered in accordance with paragraph 1 of Art. 200 of the Civil Code of the Russian Federation, and not from paragraph 2.

Some courts begin counting the SIA from the moment the bank's final demand for debt repayment expires. Typically, after 3-6 outstanding payments according to the schedule, banks send the debtor a final demand for repayment of the debt in full. They attach payment details to such a letter and give 10-15 days to fulfill this requirement. From the day following the end of such a period, some courts begin counting the limitation period for the loan.

Detailed examples

Let's consider situations using different clauses of the article on LEDs. For example, Vasya Pupkin took out a loan on December 20 for a period of 12 months. Thus, the last payment on the loan falls on December 20 of the following year.

Let’s say Vasya Pupkin paid regularly for 4 months, but after payment in April he did not pay the May contribution. Thus, on May 21, he became overdue. In this case, the courts of first instance will consider the beginning of the ITA not from May 21, when the bank learned about the violation of its rights, but from December 21 of the following year. It is on the day that follows the day of the expected repayment of the debt in full. In this case, the borrower should challenge such a court decision all the way to the Supreme Court, which can revise the statute of limitations from May 21.

The second example concerns a loan with a lump sum repayment. For example, Vasya Pupkin took out a loan from the IFC on December 20 for 10 days. As a result, he must repay the principal and accrued interest on December 30. In this case, the SID will begin on December 31, the day following the day of expected repayment. This will be the correct interpretation of the article.

Third example: Vasya Pupkin issued a loan on December 20 for 12 months. The last payment is due on December 20 of the following year. The client paid the loan for 4 months, but did not make the fifth payment. As a result, the delay began on May 21.

The lender sent the borrower a final demand for repayment of the entire amount of the current debt on August 5 and gave exactly 10 days for repayment. In such a situation, the SID begins on August 15th. That is, from the moment when the period for voluntary repayment of the debt at the final request of the bank expires.

What actions can the LEDs interrupt?

Certain actions by the client may interrupt or suspend the statute of limitations. Such actions are regulated by law. For example, Art. 202 and 204 of the Civil Code of the Russian Federation regulate events in which the LED is temporarily suspended.

Such actions include filing a lawsuit against a creditor. The process will be suspended from the day the plaintiff goes to court. If the judge decides to leave the case without further consideration, the IIA will continue to run from the date of such decision. If the court made an order to collect the debt, and the defendant canceled it, then the IID will continue from the day the order was canceled.

And here is Art. 203 of the Civil Code of the Russian Federation regulates events that completely interrupt the flow of LED. These include any actions that indicate recognition of the debt by the borrower:

• This may be making a payment or part of the debt in any way
• Recognition of existing debt in a telephone conversation, in documents (signature on some new terms of lending, refinancing, etc.)
• The borrower’s request for deferment of debt, installment payments, etc.

All these actions negate the flow of LED. From the moment of conscious or unconscious recognition of the debt, the limitation period is canceled and begins anew.

Borrowers should remember that a change of creditors (sale of debt under an assignment agreement) is not a reason to suspend the flow of the LID. This factor does not affect the limitation period in any way.

What happens when the LED expires?

Debtors mistakenly believe that after the statute of limitations expires, the bank will not be able to go to court and collect the overdue debt. He can, if the borrower does not interfere with this.

The fact is that an expired ID is not a reason for the court to refuse to accept a statement of claim. Even seeing that the loan has come due, the judge cannot independently apply the statute of limitations and refuse to accept the claim. Only the defendant or his representative can request this from the court.

The borrower, notified of the start of legal proceedings, must independently ask the court to refuse to consider the claim in connection with the expired SID in accordance with Art. 196 of the Civil Code of the Russian Federation. The application must provide a detailed calculation on the basis of which the borrower applied this article.

After receiving an application from the borrower to apply Art. 196 of the Civil Code of the Russian Federation on the expired SID, the court must determine the correctness of the borrower’s calculation. If everything is correct, the credit institution will be denied the claim due to the expired statute of limitations on the loan.

Even after receiving a denial or satisfaction of the claim, the creditor may again and again apply for collection of the overdue debt. The borrower must respond to this in a timely manner by sending an application to the court to apply Art. 196 of the Civil Code of the Russian Federation.

An expired SID does not exempt the borrower from paying the debt in the literal sense of the word. If the client does not send such a request in a timely manner, the court will consider the creditor’s claim and satisfy it.

1. What is the statute of limitations?
2. How much is it, what law is it regulated by?
3. When does it start?
4. When it starts again - with what actions
5. What happens after the deadline

The bank has the right to file a lawsuit and demand that the borrower repay the debt, penalties and fines within a certain period - the statute of limitations. At the end of this period, the debt must be canceled, and any claims of financiers against the debtor are considered unfounded. Fraudsters often take advantage of this: when applying for loans, they do not make the required payments and hide, believing that after 3 years they will be able to show up and not pay anything to the bank. Is this true? Let's try to figure it out.

From what day does the statute of limitations on the loan begin?

The limitation period is specified in Article 196 of the Civil Code of the Russian Federation. It is 3 years from the date determined by Article 200 of the Civil Code:

"1. Unless otherwise established by law, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.
2. For obligations with a certain period of performance, the limitation period begins to run upon the expiration of the performance period.
For obligations for which the deadline for fulfillment is not determined or is determined by the moment of demand, the limitation period begins to run from the day the creditor submits a demand for fulfillment of the obligation...”

It is with the determination of the moment of counting the limitation period that most of the questions are associated. Not only ordinary borrowers, but also lawyers cannot come to a common opinion and interpret the provisions of Art. in different ways. 200 Civil Code:

1. Some lawyers argue that the statute of limitations should be counted from the moment the loan agreement expires. The bank may not bother the borrower during the entire term of the agreement, charging him penalties and fines, and at the end of the term, present a demand for the return of the entire amount of the debt, interest and penalties accrued for late payment. After this, financiers have another 3 years to claim these funds.
2. Other lawyers rely on Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 12, 2001 No. 15 and Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 15, 2001 No. 18 “On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period.” In particular, lawyers operate with the following rules:
   • "10. The limitation period for a claim arising from a violation by one party of a contract of the terms of payment for goods (work, services) in installments begins in respect of each individual installment from the day when the person learned or should have learned of the violation of his right. The limitation period for claims for overdue time payments (interest for the use of borrowed funds, rent, etc.) is calculated separately for each overdue payment.”
   • "25. The limitation period for the collection of interest paid by the borrower on the loan amount in the amount and in the manner determined by paragraph 1 of Article 809 of the Civil Code of the Russian Federation expires at the moment of expiration of the limitation period on the demand for the return of the principal amount of the loan (credit) ....”

Having analyzed cases from judicial practice, we come to the conclusion that the majority of judges use the second method of calculating the limitation period - without reference to the validity period of the loan agreement. That is, as soon as the creditor discovers the fact of non-payment of the obligatory payment, he must notify the borrower about this, and from that moment the limitation period begins to count.

At the same time, the statute of limitations has an important feature: it is “reset to zero” if, from the moment the delay occurred, the borrower contacted the creditor or repaid part of the debt. For example, the client’s first overdue payment occurred on February 1, 2014. From this moment the countdown of the statute of limitations began. However, if on April 1 the credit manager scheduled a meeting with the borrower at the branch, following which a protocol or any other document was signed, the three-year period starts anew on April 1. Another option: the borrower did not communicate with the manager, but on June 1st he deposited part of the obligatory payment into his account. In this case, the limitation period is reset to zero again, but since the debt has not been repaid in full, the countdown resumes from July 1st.

Rules for calculating the limitation period for a loan

There are certain rules for calculating the statute of limitations:

• When the bank presents a demand for early repayment of the loan (usually sent in writing - by registered mail with acknowledgment of receipt) - it is from this moment that the statute of limitations begins to count.
• Any contact between the borrower and the lender, in which the debtor signs documents or in any other way records the fact of his communication with the manager, leads to the resumption of the countdown of the limitation period from scratch.
• After filing an application for loan restructuring or refinancing, the statute of limitations is also reset.
• In case of repayment of part of the debt, the limitation period is resumed from the date of payment; If the entire debt is repaid, the limitation period ceases. It may resume after another delay occurs.
• The transfer of the borrower's debt to a new creditor or collection agency (based on an agency agreement or loan sale) does not affect the statute of limitations.
• The statute of limitations cannot be changed by agreement of the parties, even if this is stated in the loan agreement (such an agreement can be considered void).

However, the most important rule when calculating the limitation period still follows from Art. 200 of the Civil Code, which allows for two interpretations. Some lawyers are of the opinion that the statute of limitations must be counted from the expiration date of the loan agreement. Even if the loan was overdue in the first month of using borrowed funds, financiers can refer to Art. 200 of the Civil Code of the Russian Federation and file a claim, for example, 2 years and 11 months after the expiration of the contract. In this case, you will have to dispute the claim. You can refer to decisions of the Plenum of the Supreme Arbitration Court or the Supreme Court, but there is no guarantee that the court will side with you.

To terminate legal proceedings due to the expiration of the statute of limitations, the borrower must file a corresponding petition during court hearings. It is also possible to submit a notarized application (without the personal participation of the defendant).

What a borrower needs to remember when calculating the statute of limitations

In some cases, unscrupulous creditors deliberately do not bother the debtor, waiting for the amount of penalties and interest to increase. 3 years after the first delay occurs, the bank files a claim in court demanding the return of the entire amount of the debt, accrued interest, penalties and fines. That is, there is no point in avoiding communication with the creditor in the hope that 3 years will pass and they will forget about you. On the contrary, if your financial situation worsens, it is advisable to immediately contact the bank with an application for loan restructuring. The statute of limitations will be reset to zero, and the bank will be able to help the client find a way out of a difficult situation.

It is also important to be able to protect your interests if the statute of limitations expires. The bank may insist on an artificial extension of this period due to the fact that managers or collectors have “contacted” with the borrower. Debtors should know:

• Evidence of communication between the borrower and the creditor cannot be the fact of a telephone conversation recorded by the clerk (if the bank is not able to provide a recording of this conversation).
• A receipt confirming receipt of a letter from the bank is not proof of communication or recognition of debt by the borrower.
• The fact that the borrower is present at the bank is not evidence of communication with bank representatives. For example, if a client withdrew funds from a current account at the bank branch where he took out a loan, this cannot be regarded as “contact” with the lender.

Thus, clients should remember the existence of a statute of limitations as an opportunity to protect themselves in the event that they are physically unable to repay the loan. However, this way of avoiding responsibility is extremely risky and difficult: it is easier to enter into a dialogue with the bank than to hide and hope for luck.

For our readers, a very pressing question is: after what time will an unpaid loan be canceled and the debt will be considered “forgiven”? Today we will take a closer look at this situation and give you some recommendations on how to take advantage of it.

Loan limitation period

Indeed, there are people, and quite a few of them, who have found themselves in unpleasant situations related to problems repaying debts on bank loans. Most citizens of our country have the idea that the creditor will write off the debts anyway, and therefore if problems arise, then there is no need to pay.

The courts of the Russian Federation hear cases of claims against debtors almost every day. As a result, issues are resolved by selling the debtors' property or collecting certain amounts from wages. The percentage of outstanding loans is only growing every year. There are fewer and fewer good or clean credit histories left; read more about them in this article.

In Russian legislation, namely in the Civil Code, there are articles devoted to periods after which the creditor has no right to demand repayment of the debt from the debtor through the court. You can find it in legal documents by name; you will need to read articles from 195 to 208 of the Civil Code of the Russian Federation.

According to information gleaned from the legislation, an important thing can be noted: the statute of limitations on loans is 3 years. The countdown begins from the appearance of the first delay, i.e. not from the moment the contract was signed, but from the day you did not make your monthly obligatory payment.

Is it enough to just wait 3 years for the loan to be closed?

Not everything is as simple as it may seem . If you have had any contact with bank representatives, for example, a telephone conversation, you have received a notification letter, or you yourself have contacted the bank with an application for restructuring or deferment, then for this reason the period is renewed and the countdown begins again .

The following situations contribute to the interruption of the statute of limitations:

• Dialogue on the phone with a bank employee.
• Paying even a small part of the debt.
• Signature on at least one document that relates to the dispute of the debt.
• Recognizing yourself as a debtor on a loan.

On the other hand, experienced lawyers say that a financial institution has no way to prove that it was the debtor who answered the phone. In addition, if he signed for receipt of the letter, this does not mean that he familiarized himself with it. Therefore, sometimes in judicial practice the limitation period is counted from the date of the first delay.

What does this mean for the borrower:

1. He will need to change all his telephone numbers, and, if possible, also his residential address, because... calls and letters will continue to arrive and cause a lot of inconvenience to the debtor’s relatives and friends.
2. In addition, he will have to close his bank accounts in advance and find an unofficial job where wages will be paid in person.

The fact is that a banking organization, if you have a loan that has not been repaid for a long time, can sue you, and with a 90% probability the case will be won. After this, bailiffs will have the right to seize all your accounts, as well as come to your place of registration in order to seize property that you own.

If a person has taken out a loan to purchase housing with the same as collateral, then bailiffs can easily enter the apartment and sell it to another person. The proceeds will be used to pay off debt. It is much more difficult to do this with movable property, for example, a car, since the debtor can escape with what is pledged.

Will the debt be closed if the statute of limitations has passed?

Please note that the expiration of the loan claim period must be confirmed in court. In other words, upon the arrival of the deadline established by law, you yourself must go to court in order to obtain the appropriate document; this does not happen automatically.

So, let's assume that you have taken all precautions, changed your address and are receiving your salary unofficially, and have stopped all contact with the creditor and your relatives. In this case, can you expect that after 3 years your debt will be canceled?

Unfortunately no. The law states that after the statute of limitations expires, the bank will not be able to collect the debt from its client through the courts, but it will still be able to demand repayment of the debt from you through calls, letters, and other things. The only way to stop this is to write an application for revocation of personal data.

In addition, the banking company has every right to sell your problem loan to collection agencies, if such a possibility is specified in the agreement (transfer of rights to third parties).

Collectors are professional debt collectors who do not stand on ceremony with their clients, using not always legal methods of blackmail, threats and vandalism. We tell you what to do in this situation on the pages of our website.

Can a bank forgive a debt?

And yet, there are cases when banks forgive debts. There are only a few reasons:

1. The amount owed is insignificant and legal costs are lower.
2. The death of the borrower and the absence of heirs.
3. Expiration of the statute of limitations is extremely rare.

Quite often, creditors agree to partially write off debts. This is possible by court decision if the borrower makes contact with the bank, participates in meetings and agrees with the debt. Read more about the court decision in favor of the debtor.

If you have financial difficulties and are temporarily unable to fulfill your loan obligations, then you should not wait for the trial in the hope of complete debt write-off. You can use restructuring or refinancing.

• Restructuring

This is a change in payment terms due to objective reasons. For example, dismissal, injury and loss of ability to work. You need to contact the bank, report the reasons for non-payment and draw up a corresponding application with a request to revise the conditions.

As a rule, credit holidays are provided or the rate is increased in order to reduce the monthly payment. This way you can solve temporary financial difficulties and keep your credit history in good condition.

Not all banks agree to restructuring; in this case, it is necessary to require the creditor to write a written refusal, which will be useful to you in court. In this case, all accrued fines and penalties may be written off.

• An alternative option is refinancing

Its essence is to obtain a new loan from the same or a third-party bank on more favorable terms in order to pay off the current debt. You sign a new agreement, and the funds received are transferred by bank transfer to your current loan agreement.

You will find interesting offers on such programs from Russian banks in this article.

Bankruptcy of an individual

Starting from January 1, 2016, individuals were able to declare themselves if their debt to financial organizations or housing and communal services is 500,000 rubles or more, and there is also a long overdue period. Judicial practice shows that you can declare yourself bankrupt even with a smaller amount - already from 350-400 thousand.