Content Revolution

Damage compensation statute of limitations, how to stop it so as not to lose money

Compensation also expires, or rather the possibility of suing to request them and the collection of the debt after the sentence also expire.
It is therefore necessary to know how long compensation credits expire, but this is certainly not enough to ensure that you do not lose the right to payment.
It is necessary to know how to interrupt the prescription, as not all acts are effective in this sense from a legal point of view, and the situation becomes further complicated if after the sentence you do not receive payment within the expected time.
Knowing the interruptive acts of the prescription is essential even if the useful deadlines have already passed, perhaps discovering that they have been canceled in the meantime.
Here's everything you need to know about the statute of limitations for damages and how to effectively stop it.
Interrupting the limitation period for compensation for damages The limitation period for compensation for damages, terms and starting date How to interrupt the limitation period What to do if the right to compensation has already expired What changes after the sentence The limitation period for compensation for damages, terms and starting date Before identifying the documents interrupting the statute of limitations, it is necessary to check what the terms and starting date are depending on the origin of the damage.
In particular, the right to compensation for damage resulting from an unlawful act is prescribed in 5 years and compensation for damage occurring in road accidents is prescribed in 2 years.
In some cases, however, the statute of limitations is lengthened.
This is the case of damage resulting from a breach of contract, the compensation for which is prescribed in 10 years, and damage resulting from a crime, in which the limitation period corresponds to that established by the Criminal Code for the crime in question (if longer).
Be careful, however, if the crime is extinguished for reasons other than the statute of limitations or an irrevocable sentence has been issued, since the ordinary statute of limitations for compensation begins to run from the moment of extinction or sentence.
Except in this case, the statute of limitations begins to run from the moment the damage occurred (possibly subsequent to the tort).
read also Prescription for compensation for damages: the terms established by law How to interrupt the limitation period Here is a list of acts suitable for interrupting the limitation period for compensation for damages: The initiation of legal action; a warning of which receipt (and its date) can be demonstrated; judicial documents (subpoena, appeal from the judge, sentence and so on); admission by the debtor.
To initiate legal action it is necessary to appoint a lawyer to present the appeal, so as to start the proceedings or become a civil party in the criminal trial.
Once the case has begun, the party from whom compensation for damages is requested will receive as a normal procedure a series of judicial documents, all suitable for interrupting the statute of limitations.
In the event that you do not wish to start a civil case or at least not immediately, it is possible to send a simple formal notice, which does not require the assistance of a lawyer, as long as you take care to send it via registered mail with return receipt (possibly also a telegram) without making destination errors.
In any case it is preferable to act a few days in advance, so as to limit the consequences in case of delays.
There is then the possibility that the debtor admits that he owes compensation, thus interrupting the statute of limitations.
To this end, it is essential that it is an admission in written form, even if implicit.
It is specified that from each interruptive act the limitation period is reset and starts to run again from the day following the act.
read also Warning to comply: what it is, what it is used for and how to write it What to do if the right to compensation has already expired If the statute of limitations has already expired, unfortunately it is no longer possible to attempt to recover that particular credit.
However, there remains the possibility of initiating actions for further requests for compensation for damages due to various subsequent offences.
Before giving up, however, it is useful to verify that there really have been no interruptive actions.
Of course, one must focus on the acknowledgment of fault (the existence of other acts is more difficult to ignore), such as requests for deferrals, payment deadlines and other information of this nature.
What changes after the ruling The judge's ruling confirming the obligation to pay compensation for damages undoubtedly interrupts the statute of limitations, which starts to run again from scratch but now requires a much longer time.
Precisely, 10 years are needed for the right to compensation for damages established by the sentence to become statute-barred (provided there are no interruptions in the meantime).
After the sentence, if the debtor does not pay it is necessary to obtain an injunction to demand payment.
read also Injunctive decree without lawyer, when and how to do it

Author: A.W.M.

Who am I? Let me introduce myself, I'm AWM! Welcome to the world of A.I. (Artificial Intelligence) of the future! I'm AWM, an acronym for “Automatic Websites Manager,” the beating heart of an ever-evolving network of news websites. Read more...