I received a call to repay my late husband’s loan ?On February 6, 2020 by admin
In addition, it is not a letter sent by registered mail, but by ordinary mail, with a deadline of 7 days for payment, otherwise they will go to court to give their husband’s heirs, am I obliged to repay this loan if it’s been almost six years? Besides, I don’t have any inheritance from my husband.
Debt collection companies operate in such a way that they send letters to former borrowers on a massive basis, asking them to repay the debt in full, even if the debt, ie the loan in your case – has expired!
Limitation of claims from the loan agreement
Each debt collection company using such methods of collecting debts counts on the borrower’s ignorance and unconsciousness. You must know that the statute of limitations for a claim sought is taken into account at the request of the debtor (defendant). To raise an objection of being barred by a debt, you must make a written statement and send it to the appropriate court.
Of course, you can also appear at a court hearing and verbally notify the court that the debt has expired. But a much more convenient practice is to send a statement of limitation on debt – in writing. If the court rejects the claim of the debt collection company at your request (it dismisses it), the costs of the hearing will, of course, be borne by the debt collection company.
When does the loan expire?
The claim for reimbursement of the loan expires after 3 years, counting from the last day on which the loan should be repaid.
Note the interruption of the limitation period for the undertaking! and what exactly interrupts the limitation period?
- waiver of the prescription of limitation
- recognition of the claim
- partial repayment of the loan
- re-spreading the loan into installments
Then, the limitation period for the loan is counted anew, which means that the next 3 years must pass for the debt to expire! That is why we must never sign anything if we are counting on the statute of limitations on our debt.
Negotiations with a debt collection company
It is a good idea to inform the debt collection company that the claim has expired, already at the stage when it sends you a request for payment , it may cause that the creditor “controlling” the debt collection company – will refrain from going to court , because why expose yourself to the costs of the hearing court?
If you are sure that your husband’s debt or debt has expired, and you have a “somewhere” contact with debt collection, then you can also completely ignore them.
You should then wait for the letter from the court to initiate proceedings and the date of the court hearing.
Then, as I wrote, you send to the address of the court from which the notification of the court hearing came, a statement raising the allegation of limitation of debt, or you go to the hearing on a given day to inform the court orally about the limitation.