Limitation of Debt Collection Claim: Legal Advice

Questioner

I had already asked a question here about the fact that I received a claim from a collection agency and I believe that the claim has expired. Now I have a follow-up question. The invoice in question from the client of the collection agency is from December 2007. The first letter I received about this was in June 2013. The collection agency claims that I have received emails in the meantime. However, this happened on an email address that was hacked a long time ago. So I no longer have access to it. Now my question is, if they would simply demonstrate to the judge (if it comes to legal proceedings) that they did indeed send emails, is that sufficient evidence that the statute of limitations has been interrupted? Even though I could not have received these emails?

Lawyer

It is up to them to prove in writing that they have contacted you. If you did not respond by email, they should have also written to you by post. They have therefore failed to do so by not using sufficient options to make you pay the claim. In your case, there may be a limitation period because you have not heard from them, but in their case they did try to stop it. It is important to come up with a good defense if it ends up in court. If you would like further help or advice, you can always contact me.

Lawyer

The claim expires after 05 years (so in 2012). This only changes when it was interrupted in time. The letter (or e-mail) must have reached you. It is up to the claimant to prove that this happened. In the case of an e-mail, it must be established on the one hand that the e-mail address is yours? If not, problem solved. On the other hand, it is important whether you have ever given this e-mail address as a contact address? If not, problem solved again. If you have ever given this e-mail address as a contact address, you must be able to demonstrate the hacking and/or no longer being able to use it. If you succeed in doing so, then in my opinion the claim has expired. In that case, the other party has no leg to stand on. You must explicitly invoke the limitation period.

Lawyer

In various rulings it has been determined that interruption of a prescription can also occur by e-mail. It is therefore possible that there has indeed been a legally valid interruption. However, the collection agency itself will have to demonstrate this because you are invoking the prescription. What is relevant to your case, I think, is whether these emails were sent to an email address that you provided yourself at the time and whether you can demonstrate that this email address was actually hacked and that you were therefore no longer able to receive messages. If it comes to a procedure, you will have to substantiate your position regarding the limitation period. If the collection agency cannot produce the e-mails they sent, your defense will succeed. If they can do so and it turns out that it is a e-mail address that you provided at the time, it may be that the claim against you is still allowed. However, it remains somewhat meager to only interrupt by e-mail as indicated in the previous message. Based on the case law on this matter, it could nevertheless be judged that this method of interruption was sufficient. If you would like my assistance in this matter, you can of course always contact me.