Kihagyás

When does the term of limitation of a right of enforcement expire?

The limitation period means that claims for which the enforceability has ceased to exist as a result of the passage of time cannot be enforced in court. The fact that the statute of limitations has passed can be taken into account based on an express request, if the debtor reports it to the bailiff or to the court of origin for authorizing enforcement.

The term of limitation of a right of enforcement shall expire together with the judgment of enforcement, the standard limitation period is 5 years. Different laws establish special statutes of limitations that are different from the general ones.

For example, the Law on electricity stipulates a 3-year limitation period for electricity service charges. Claims arising from gas service are also time-barred after 3 years. According to the Communications Law, debts arising from television and telephone service fees become time-barred after 1 year.

As a general rule, the term of limitation of a right of enforcement shall be taken into consideration upon request by the court, the bailiff cannot decide on this issue. If enforcement has already been ordered, the limitation will be suspended from the date of the order (it is not included in the period of limitation) until the enforcement actions (notice to pay the debt, garnishment, direct debit order, registration of right of enfocement, performance on the site, etc.) are in progress. The request of the judgement creditor to continue the enforcement, as well as any measures taken by the court or the bailiff (described above) for enforcement may serve as a basis for interrupting the limitation period. (Vht. 57. §).

The bailiff or the court of origin for authorizing enforcemendoes not take into account the statute of limitations ex officio, the debtor must initiate the court procedure for the termination of the enforcement citing statute of limitations. The bailiff can declare the enforcement procedure completed due to the statute of limitations only on the basis of a final court judgment.

Based on all of this, the sum of money collected for a time-barred claim is not considered unjust enrichment until the court terminates the enforcement procedure with a final judgment.

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