Estimated reading time (in minutes)
Private collection companies are often hired by disgruntled creditors to collect debts “at all costs”. Increasingly, creditors are aware that their claims may be statute-barred, ie the legal time limit for pursuing the debt has expired. However, they are still trying to get a short order. If the customer does not contest this order as soon as possible, it becomes final. Fortunately, an expert lawyer can help you cancel the debt in such cases .
Understanding Prescribed Debts: The Importance of the Statute of Limitations: –
These collection companies are paid according to the amount they recover, which often leads them to employ aggressive and ethically questionable tactics. They may use intimidating legal terms such as “seizure”, “formal notice”, “summons”, or even threaten to call a bailiff. It is crucial not to be intimidated by these tactics if your debt is statute barred.
In the event of abuse or harassment, it is important to file a complaint to put an end to these methods. For a creditor to take legal action, the debt must meet specific criteria: it must be certain, liquid and payable, that is to say, it must actually exist. The creditor has the burden of proving the existence of the debt, its exact amount, and that it has not become prescribed or extinguished by prescription.
Protecting your rights: Dealing with aggressive collection practices: –
It is essential to note that debt collection costs cannot be charged to the debtor, except in cases where proceedings take place before a judge. The limitation periods for the collection of debts vary according to the nature of the debt.
If you have any doubts about the prescription of your debt (with limitation periods generally ranging from 2 to 5 years, depending on the circumstances), do not hesitate to consult us to guide you. If your debt is actually barred, you can ignore these threats. The creditor did not respect the deadlines necessary for the recovery of debts and it is he who is at fault.
By seeking legal advice and understanding your rights, you can effectively navigate aggressive collection practices and protect yourself from unfair attempts to enforce statute-barred debts .
