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The management company can sue the defaulter and collect utility debts two months after the termination of payments, regardless of the amount of debt.
How much debt is being sued for housing and communal services?
The debts are monitored by the utilities themselves, they determine the amount of debt that is considered critical. The management company goes to court when the debt on utility bills exceeds three months of non-payment.
According to article 121 of the Code of Civil Procedure, if the amount together with the penalty is less than 500 thousand rubles, the Criminal Code will apply to the magistrate’s court for a court order. Debts over this amount are collected in the district court in a lawsuit. If the debt is less than 5,000 rubles, the Criminal Code is trying to resolve the dispute out of court.
What is the deadline for debt collection for housing and communal services?
There is a three-year period for collecting utility debts. After this time, the statute of limitations comes, and the management company must write off the debt. The Criminal Code also loses the right to collect debts through the court.
If the management company nevertheless decided to file a lawsuit, then the defendant should send a petition to skip the limitation period and ask the court to take this point into account. In the absence of a petition, the court may increase the statute of limitations to ten years.
Sources:
https://www.consultant.ru/
https://объясняем.рф/
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