The statute of limitations in enforcement proceedings may be 1, 2, 5, 10, 20 years depending on the type of receivable. Failure to calculate correctly will result in loss of rights.
General Statute of Limitations (TBK art. 146)
- 10 years (general rule)
- 5 years (rent, interest, periodic)
- 2 years (tort, unjust enrichment)
Prescription of Bill of Exchange (TTK)
- Bill: 3 years (from the payer)
- Check (presentation): 6 months
- Cheque (between creditor and drawer): 3 years
Interruption with Enforcement Proceedings
Starting enforcement proceedings interrupts the statute of limitations (TBK art. 154/2). The interrupted statute of limitations runs again.
Waiting for Proceedings
- If no action is taken for 1 year in the enforcement proceedings file, the statute of limitations runs.
- The period is interrupted with regular action (request for renewal)
After Certificate of Insolvency
- 20 years for general receivables
- Proceeding is not restarted, current transaction on file
Supreme Court 12. HD
12. HD adopts that if it is determined that "the creditor remains passive" in the enforcement proceedings, the statute of limitations will be accepted, but if the creditor proves that he has made a transaction, the process will be interrupted. href="/contact">Enforcement lawyer recommended.