Nowadays, more and more Poles both working in Poland and abroad are in debt. Therefore, we are also increasingly hearing about the limitation period for commitments. The subject of limitation may apply to many debtors, although they are not even aware of it.
Limitation of obligations
Property claims are barred. The essence of the statute of limitations is that the one against whom the claim is entitled within a specified period may evade the benefit. The effect of limitation is that the debtor is entitled to a prescription of limitation .
Limitation does not cause the debtor to cease to be. Therefore, many people may wonder what the purpose of such limitation of obligations is . It is a process that takes place in accordance with the law both in the Polish legal order and in all European countries.
The limitation period provides protection for a debtor whose legal position may have deteriorated over time because it would be more difficult for him to prove that he was never obliged or ceased to be due to his obligation to be fulfilled.
The limitation period is counted from the day on which the claim became due. In the case of payment of credit installments, each installment is payable on a monthly basis. The rule is that the limitation period is ten years. For three-year period benefits. Periodic claims are those that are met at certain repetitive and regular intervals. Such benefits include, inter alia, write-off installments on long-term loans and loans for persons working abroad and interest. However, there are many exceptions to the above deadlines, i.e. for ten and three years. The deadlines cannot be shortened or extended, in Polish legal conditions such a situation is unacceptable.
Limitation of debt
Many people who have incurred debt in Poland are wondering whether they will avoid paying this obligation by permanently checking in abroad. It is worth being aware that the bank will probably not allow the debt to be time- barred . Execution is usually initiated within ten years. Even if it proves ineffective and the proceedings are discontinued, the 10-year cancellation period will be calculated from the beginning. Thus, while the case is in court or at the bank’s office, the limitation period will not be reduced.
In addition, the bank may seize the salary received by the borrower abroad . The bank will probably seize remuneration for work outside the country and every month a certain part of this remuneration will be deducted for the benefit of the bank.
The Bank may obtain the European Executive Title, which will be the basis for initiating proceedings in a country other than Poland. Therefore, by taking out a loan in Poland for people working abroad and checking in permanently outside the country, the bank will be able to successfully pursue its claims. The fact that the borrower is permanently staying abroad is not an obstacle.