Legal questions about claims? Get free advice!
Questioner
In 2006 and 2007 a government agency failed to withhold premiums from my pension. In 2010 they issued a supplementary assessment that was incorrect in terms of period and amount. Despite my warnings they issued a writ of execution in 2014 with the same incorrect amount. After a letter from me to the court they withdrew the claim for 2006. The claim for 2007 remained, as a kind of residual amount. Now in 2016 I received a recalculation for 2006. Whether I would pay immediately, otherwise they would go to a bailiff again. My questions: -Can that just happen? Is there no prescription here, or do errors in the claim not count? A recalculation will not take place until 2016, 10 years later. -Can a portion of a writ of execution be withdrawn, while the other portion remains, with all the additional costs? It is always presented as a whole.Lawyer
The withdrawn claim was therefore not part of the claim in connection with reduction of claim. Then it applies that if the alleged claim is still interrupted, after all, after 2014 the new limitation period will be 2019. I want to study it for you to be sure.Questioner
Thank you very much for your response, but I do not fully understand. In short: does the limitation period not depend on a correct description and a correct amount? In 2014 that was not correct. Only now in 2016 has that finally been corrected, 10 years later. Furthermore, I await your answer, if you have studied it. Again, many thanks. It is not easy to obtain your rights abroad in the Netherlands.Lawyer
What needs to be established is that one has a claim on you, the exact amount of which is not known. However, the creditor must prevent the claim from expiring. To do this, he must expressly and unambiguously state that he will collect the claim. The expiry period is 5 years. The tricky point here is that the claim has been withdrawn, which has not been done for nothing because now it is due provided it is interrupted. I need documents to be really sure, you can send these to me after you have made direct contact.Neem de volgende stap
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