Vladimír Urbánek (Kurzy.cz)
Personal finance  |  August 06, 2012 15:20:27

Borrowers rocket rising, sending reminders will be required again!


Borrowers despite all the warnings are still increasing, and because non-performing debt is still increasing, lenders will logically try to claim their money in court. Until now there was no obligation to send reminders to debtors, but this next year probably will change. If the lender will want to get the cost of legal representation, the debtor will have to send the pre-action challenge at least one week prior to court action.

Senate with a few minor amendments, an amendment to the Members returned for 17 of the Act, which is also provision for sending pre-action challenges borrowers. Although the amendment has been approved by the upper house of Parliament, we can assume that it immediately after incorporation of comments and the Senate adopted an amendment to next year comes into force.

Reminder goes to the last known address

Call the creditor must send in writing, at least 7 days prior to submitting a proposal for an electronic order to the court. Under Section 142a of the Civil Procedure Code is necessary to send this call to the last known address. Debtors are now in a big complain that they received no reminder, but usually it does not mention that a registered letter either not collected or is not present at which the creditor has to disposal.

"A prerequisite for the successful operation of this amendment in practice is a discipline on the part of citizens who have to move after each update address not only the various institutions, but also his creditors." Attention Mgr. Rostislav Kovar of free legal counseling poradnaveritele.cz the practical impact of the amendment.

Before you hide debts

The current series of illogical desire to borrowers, in contrast to their current residence if the lender can not know. It is based on the mistaken assumption that they will not have to go back debts. Often then very surprised when quite unexpectedly visited by executor. This in contrast to the creditors and the court finds a way to trace such a debtor. But if people had the right mailing address to which mail should be taken over, they would know in advance about the problem and would not have so dearly pay for his irresponsibility.

7 days is the minimum

If they want to pay creditors, the costs will have to court to prove that the debtor pre-action posted a reminder, and submitting a copy of the document and podacího ticket. "In this context I would like to point out that according to the approved amendment period is counted from the date of dispatch of invitations lender and decides on the filing date of the ticket. Does this mean that the borrower has a debt to call 7 days of receipt of the reminder.On the other hand - if you pick up registered mail 10 days since he had the consignment was deposited at the post office, a few days his case lie in court. "Warns against the false interpretation of the amendment to the blacksmith.  

ATTENTION - amendment applies only to costs

If at this moment, distracted reader - debtor rejoiced that no calls would not have sent their debts back, then it is wrong. Amount owed ??and interest on late payments will have to pay for legitimate action always, even if the creditor before the action fails to fulfill its obligation and the call does not send pre-action or claim shall less than 7 days of sending reminders. "The only thing in this if the debtor does not have to pay the costs of several thousand crowns. "concludes Smith. '

Source. PR with Ad Nota Ltd.

 

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