Today, we will be interested in the statute of limitations for utility bills in Russia. This is a rather topical issue that can concern, to one degree or another, every citizen. As practice shows, in the country the debt of the population for providing them with housing and communal services is growing from year to year, no matter which ones. Is it possible to somehow avoid paying a debt? When does he appear? What is the limitation period for utility bills? You can learn about all the nuances below.
Why are debts growing
The first step is to figure out why we are faced with today's issue. Indeed, in life there are different situations, no one can say for sure whether he will have a debt or not.
Most often, a similar phenomenon has recently been observed due to the fact that housing and communal services tariffs are growing by leaps and bounds. In a crisis, citizens are simply not able to pay the bills. Especially when you consider that, on average, utilities tariffs are raised 2 times a year.
But it also happens that citizens do not pay out of principle. After all, there is always the opportunity to avoid both liability and debt payment. Especially if you have to pay for an apartment you do not live in. So the situations are different. Regardless of them, one can, as has been said, avoid legal punishment. How to do it? Let's find out.
When appears
But to begin with, it’s worth considering that everyone has time to pay bills. Not everyone immediately runs to pay for receipts received by mail. Therefore, debts do not appear immediately. When exactly?
In general, the terms of utility payments are not clearly defined anywhere. In fact, if you look at the real information on this issue, then most receipts need to be paid, according to established standards, by the 10th day of the month following the one on which the payment came. Until April 10, you will have to pay bills for March. There are no arrears in utility bills.
But in practice things are a little different. The thing is that most often all receipts come from 10 to 20 of each month. Therefore, the law establishes that the deadline for payment is the 25th. Not 10, as is commonly believed, but already the end of the month.
In some cases, it is desirable to see the relevant information in the payment document. It is there that all the rules regarding payment are prescribed. Here you can see how much you need to pay. If it is not done, then communal debts will begin to appear. Moreover, your debt will only increase the amount due. So worry about your bills in advance.
In what sizes
So, the receipt of housing and communal services has come to you. You for some reason (it doesn’t matter for which reason) did not pay for it until the 25th day of the month following the payment indicated. What's next?
As already mentioned, the accrual of debt will begin. At the same time, in 2016 its dimensions were clearly established. Penalties will be expressed in 1/300 of the refinancing rate of the Central Bank of the Russian Federation for late payments of utility bills. Only now have changes been introduced. Which ones?
Previously, the debt was charged on the 26th day, the day after the payment deadline indicated in the payment. But according to modern laws and regulations, citizens will have an additional 31 days in order to prevent debt on utility bills. So you can sometimes take your time. Yes, they will start sending you reminders of the debt, but so far no significant consequences will come.After 31 days of delay, utility debt appears. And in addition, you are assigned penalties. The faster you pay, the better.
Pay or not
But many citizens care about the statute of limitations for utility bills. The question arises of how not to pay bills at all, and even to avoid one or another responsibility. It is this practice that is visible among the population of Russia. Especially after a new separate account was introduced - for major repairs of the house. He, as practice shows, is most often a payment system that citizens do not pay, considering such exactions unlawful. Although this has already been discussed more than once.
In general, you need to pay off debts in any case. The exception is when someone ascribes to someone's account or sends you wrong payment documents. But then you have to contact the management company and arrange a showdown. Some simply choose the "I will not pay in any case" position. That is why the unpaid housing and communal services receipt is far from the rarest occurrence. If you do not have the opportunity to pay, then you can still try to negotiate with your management company, explain the situation, provide some evidence of your words. But what to do when non-payment is not just a desire, but a way of life? What happens if you do not pay off your debts? And how can you write them off?
Effects
Let's start with what you need to be prepared for. The limitation period for utility bills takes place. But "experiencing" it is not so simple. Indeed, without fail some measures will be appointed that can motivate the debtor to pay bills.
What is worth preparing for? It all depends on your management company. Someone is more patient, someone less. But at the first stage, you will be sent numerous notifications and warnings with requests to make payments. They will give, one might say, a certain respite. But there is a limit to everything.
After you are sure to be warned about the application of more serious measures - the disconnection of unpaid services. Most often, such measures take place after about six months delay. Maybe sooner, maybe later. It all depends, again, on your management company. But remember - non-payment of periodic payments will soon entail a shutdown of the services provided. Not the whole house, but only your apartment.
There may also be a court. Utility payments can be "knocked out" by judicial debate. Not too common, but it does occur. Instead of such a legitimate approach, management companies try to take a more effective path - collecting debts with the help of collectors. This is not entirely legal, but in practice it turns out to be effective. When does this technique apply? Again, it is unknown to predict. But in practice - after the first month of delay, especially if the amount of debt is large.
If collectors come
How to behave if to you because of housing and communal services debts visited collection companies? Here you can advise only one legitimate decision - this is an appeal to the court. As practice shows, the judiciary is usually on the side of citizens. Yes, they are given a decision to pay the debt on time, however, such people are protected from “knocking out” money.
Paying bills right after collector visits isn’t worth it. After all, if the statute of limitations for utility bills has not expired, then most likely, after going to court, you will still remain in the black. Until the end of the action, you are 100% protected from the negative consequences of the management company. Unless you turn off unpaid utilities. Such a measure is completely legal. In all other cases, you can safely go to court. It may be possible to get a deferment or even write off the debt for one reason or another.
How long
But what is the limitation period for utility bills? After what period of time, according to the current legislation, can we hope to write them off? The rules for this are clear. Moreover, they take place in modern Russia.
The thing is that for all periodic payments, a limitation period of 3 years is established. After this happens debt relief. Housing services are just related to periodic payments. The countdown starts from the moment the penalty is charged. This means that the real period that will have to endure in order not to pay the bill for one reason or another is 3 years and 31 days.
What will happen after? As practice shows, the payment burns out. And no longer need to think about how to write off debts for utilities. But only after 3 years, the management company has the right to apply to the court for the forced collection of debts from you. And then you will be given clear deadlines that are given for the payment. Otherwise, criminal liability in the form of deprivation of liberty (which is extremely rare, most often the debtors are intimidated by this), or confiscation of property (a more common option) may follow.
On practice
So we found out with you what is the limitation period for utility bills. It is limited to 36 months. After comes the period of litigation. But he also has his own characteristics. Moreover, the statute of limitations here plays a huge role.
Which one specifically? In reality, in practice, a court does not always satisfy a claim for payment of a debt. And if this is done, then it is possible to collect fees only for the last 3 years, nothing more. So, for example, if the debtor has not made payments for 10 years, the court will force him to pay only those amounts that have accumulated over the past 36 months.
Full satisfaction of the claim is rare. And management companies try not to go to court. After all, as already mentioned, most often they resort to the services of collectors. And those, in turn, act for the sake of "knocking out" debt in all ways, often against the law. For example, they spoil property and threaten. In such situations, and even with evidence from the debtor, you can not only not get the money laid down by law, but also remain in debt to the defendant.
Check
How to check your own debts? There are several ways to do this. And not all of them are known to residents. The first option is to wait for a reminder. As soon as you have a debt for a communal apartment, the management company will immediately remind you of payment of bills.
The second way is the use of information technology. It's about the internet. There are many resources available to help you find debt. For example, the portal "Public services", as well as "Payment of public services." You can also use the electronic wallet with the search for debts by TIN.
Summary
What do we have in the end? The limitation period for utility bills is 3 years. After that, the management company has the right to apply to the court for the recovery of debt from you. It can be either a regular payment (if you make the payment yourself), or confiscation of property. The last option is to contact the management company directly. Here you will be provided with all the necessary information about the debt. By the way, for good reason, you can ask for a deferred payment, agree.
In practice, this phenomenon is rare. Most often, management companies resort to collectors who act illegally. If you can prove it, then you can not pay at all for debts for a given period (for example, with huge damage to your property by collectors).
In any case, unpaid services will be disabled for late payment and non-payment. This is a legal and common measure that is very common in modern Russia.If it comes to late payment for overhaul, you can just wait 3 years, and then hope that you will not be sued. That's exactly what they usually do. Debt on utility bills is not so bad if you are ready for the consequences.
