⭐ ⭐ ⭐ ⭐ ⭐ Legal topics are very complex, but in this article we will try to answer the question “How to write off debts for electricity.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.
In accordance with Art. 45 of the Constitution of the Russian Federation, state protection of the rights and freedoms of man and citizen in the Russian Federation is guaranteed. Everyone has the right to protect their rights and freedoms by all means not prohibited by law.
Writing off debt for electricity
The adopted legislative act by introducing amendments to the law “On measures aimed at ensuring the constant functioning of fuel and energy enterprises” writes off the debt of state-owned enterprises, including those that were state-owned as of January 1, 2011, for obligations to pay for electricity in the amount of 1 July 2011, which is outstanding on the date of entry into force of the law “On Amendments to Certain Laws of Ukraine on the Settlement of Debts for Electricity.
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BP wrote off debts to state-owned enterprises for electricity
In accordance with clause 77 of the Regulations on maintaining accounting and financial statements in the Russian Federation, approved by the Order of the Ministry of Finance of the Russian Federation dated July 29, 1998. No. N (registered with the Ministry of Justice of the Russian Federation on August 27, 1998 No.) TNS Energo NN was supposed to write off the specified receivables for which the statute of limitations had expired.
He also noted that it is precisely due to the existing legal conflict that people cannot always receive subsidies or other social benefits. In addition, citizens often experience difficulties in selling an apartment, having such unwritten debt. Debts of Russians for housing and communal services According to the information presented in the accompanying documents to the bill, currently the total debt of Russians for utilities exceeds 1 trillion rubles. At the same time, as noted, payment of housing and communal services bills is one of the largest items of expenditure for citizens of the Russian Federation.
Court decision on debt collection for electricity
Solution
In the name of the Russian Federation
Moscow city April 27, 2020
The court, consisting of a magistrate judge of judicial district No. 90 of the Otradnoye district of Moscow E****.*.*., with secretary A*** *.*. having considered in open court civil case No. 2-**/** on the claim of Mosenergosbyt PJSC against N****** *.*., M****** *.*. on collection of debt for consumed electricity and penalties for late payment,
installed:
PJSC Mosenergosbyt (hereinafter referred to as the Company, plaintiff) filed a lawsuit against N**** *.*., M**** *.*. on the collection of debt for electricity, penalties for late payment and legal expenses, indicating that during the period from 03/01/2014 to 01/31/2016, the plaintiff supplied electricity to the defendant in the amount of 12,393 kW/h for a total amount of 21,968.67. However, the defendants did not pay for the consumed energy, and therefore the plaintiff was assessed penalties in the amount of a refinancing rate equal to 8.25% per annum in the amount of 4,397.41 rubles. In connection with the above, the plaintiff requests to collect from the defendants jointly and severally the amount of the principal debt for payment for electricity in the amount of 21,968.67 rubles, penalties in the amount of 4,397.41 rubles, as well as the cost of paying the state duty in the amount of 990.98 rubles.
The plaintiff’s representative did not appear at the court hearing, was duly notified of the date and time of the consideration of the dispute, did not inform the court about the reasons for his failure to appear, did not send a motion to postpone the case by hearing, in the text of the statement of claim he asked for the case to be considered in his absence, the stated demands were fully supported volume.
Defendant N**** *.*. appeared at the court hearing, did not admit the claims, explained that on 02/07/2013 the Butyrsky District Court of Moscow made a decision to determine the procedure for payment for electricity, according to which the shares in payment for electricity were determined and allocated as follows K**** N.Yu ., K**** S.O., K**** A.V., N**** L.F. 2/3 share, M**** E.Yu., M****YU.G. 1/3 share. After the said decision entered into legal force N**** L.F. in 2013, she applied to PJSC Mosenergosbyt to provide separate payment documents according to a court decision dated 02/07/2016, but this was denied. Employees of PJSC Mosenergosbyt N**** L.F. a formula was provided for calculating the payment of its share for the consumed electricity, according to which it made calculations and paid in full for the consumed electricity. In addition, N**** L.F. explained that she has a benefit under which she is given a 50% discount on electricity consumed.
Defendant M**** E.Yu. did not appear at the court hearing, was notified of the date and time of consideration of the dispute, did not report the reasons for the failure to appear, did not provide objections to the statement of claim, and did not ask for the case to be considered in her absence.
The court begins to consider the case according to the rules of Art. 167 of the Code of Civil Procedure of the Russian Federation in the absence of the representative of the plaintiff and the defendant who did not appear M**** E.Yu.
After listening to defendant N**** L.F. and checking the case materials, the court comes to the following conclusion.
By virtue of clause 1 of Art. 322 of the Civil Code of the Russian Federation, a joint obligation (liability) or a joint claim arises if the solidarity of the duty or claim is provided for by an agreement or established by law, in particular when the subject of the obligation is indivisible.
In accordance with Art. 539 of the Civil Code of the Russian Federation, under an energy supply agreement, the energy supplying organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy, as well as to comply with the regime of its consumption stipulated by the agreement, to ensure the safe operation of the energy networks under its control and the serviceability of the devices used by it and equipment related to energy consumption.
In accordance with Part 1 of Art. 540 of the Civil Code of the Russian Federation, in the case where the subscriber under an energy supply contract is a citizen who uses energy for domestic consumption, the contract is considered concluded from the moment the subscriber is first actually connected in the prescribed manner to the connected network.
Unless otherwise provided by agreement of the parties, such an agreement is considered concluded for an indefinite period and can be amended or terminated on the grounds provided for in Article 546 of this Code.
According to Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with energy accounting data, unless otherwise provided by law, other legal acts or agreement of the parties.
In accordance with clause 5, part 3. Article 67 of the Housing Code of the Russian Federation, the tenant of a residential premises under a social tenancy agreement is obliged to promptly pay for the residential premises and utilities.
Family members of the tenant of the residential premises under a social tenancy agreement have equal rights and obligations with the tenant. Members of the family of the tenant of a residential premises under a social tenancy agreement who are legally capable and limited by the court in their legal capacity are jointly and severally liable with the tenant for the obligations arising from the social tenancy agreement (Part 2 of Article 69 of the Housing Code of the Russian Federation)
In accordance with Art. 153 -15 Housing Code of the Russian Federation, payment for utilities includes payment, including for electricity supply. Utility fees are paid monthly by the tenth day of the month following the previous month.
From the case materials, it appears that the disputed residential premises is a two-room apartment located at the address: Moscow, st. Otradnaya, house *, kV. **.
The defendants N***L.F., M**E.Yu. are also registered in the said residential premises. To the defendants, at the address: Moscow, st. Otradnaya d.*, kV.24, electricity was supplied from 03/01/2014 to 01/31/2016.
According to the electricity meter, the defendant consumed 12,393 kWh of electricity during the specified period, however, it was not paid in full.
During the court hearing, defendant N***L.F. receipts for payment of electricity for the period from 01/01/2014 to 01/31/2016 were presented: for January 2014 - 1619.10 rubles, February 2014 - 951.3 rubles, March 2014 - 1121.40 rubles, April 2014 year - 1134 rubles, May 2014 - 749.7 rubles, June 2014 - 535.5 rubles, July 2014 - 485.1 rubles, August 2014 - 277.2 rubles, September 2014 - 756 rub., October 2014 – 637.88 rub., November 2014 – 459.2 rub., December 2014 – 393.6 rub., January 2020 – 401.08 rub., February 2020 – 500.02 rub. ., March 2020 – 459.02 rubles, April 2020 – 385.04 rubles, May 2020 – 344.04 rubles, June 2020 – 410 rubles, July 2020 – 98.4 rubles, August 2015 – 139.02 rubles, September 2020 – 272.08 rubles, October 2015 – 404.08 rubles, November 2020 – 334.4 rubles, December 2020 – 334.04 rubles, January 2020 year – 360.08 rub.
Assessing the presentation of evidence by the defendant N***L.F., taking into account the decision of the Butyrsky District Court of Moscow dated 02/07/2013 which allocated shares for the payment of electricity in the disputed residential premises, the defendant N***L.F. 2/3 share secured, explanations, N***L.F. that in 2013 she applied to Mosenergosbyt PJSC for the provision of separate payment documents by court decision dated 02/07/2013, however, this was denied to her, and the employees of Mosenergosbyt PJSC were provided with a formula for calculating payment of their share for consumed electricity, in accordance with which she made calculations and paid in full for the consumed electricity, in addition to the fact that she has a benefit for paying for electricity, the court believed that N***L.F. fully fulfilled its obligations to pay for electricity for the period from 03/01/2014 to 01/31/2016, in addition, the specified obligations in accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation have not been refuted by the parties to the case.
According to the calculation presented by the plaintiff, verified by the court, the debt to pay for consumed electricity amounted to 21,968.67 rubles. (case sheet 5-6).
At the same time, the court notes that defendant M***E.Yu. did not appear at the court hearing, did not exercise her right to object to the claim, did not present evidence refuting the plaintiff’s arguments, and therefore the court has no reason to question the presented calculation, the court accepts this calculation, in addition to evidence to the contrary in accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation was not presented to the court.
Under such circumstances, the magistrate finds the claims justified and subject to satisfaction and considers that the collection of debt for payment for consumed electricity amounted to 21,968.67 rubles. (ld. 5-6).
At the same time, the court notes that defendant M***E.Yu. did not appear at the court hearing, did not exercise her right to object to the claim, no evidence was presented to refute the plaintiff’s arguments, and therefore the court has no reason to question the presented calculation, the court accepts this calculation, in addition to evidence to the contrary in accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation was not presented to the court.
Under such circumstances, the magistrate finds the claims justified and subject to satisfaction and considers that the collection of debt for electricity for the period from 03/01/2014 to 01/01/2016 in the amount of 21,968.67 rubles. should be made from the defendant M***E.Yu. however, it is necessary to release defendant N***L.F. from liability in connection with the fulfillment of his obligations.
In accordance with Part 14 of Article 155 of the Housing Code of the Russian Federation, persons who have lately and (or) not fully paid for residential premises and utilities (debtors) (except for contributions for major repairs) are required to pay the creditor a penalty in the amount of one three hundredth of the rate refinancing of the Central Bank of the Russian Federation, delays from the next day after the due date for payment until the day of actual payment inclusive. An increase in the amount of penalties established in this part is not allowed.
In relation to this provision, the plaintiff is entitled to the amount of debt in the amount of 21,968.67 rubles. penalties were charged for 701 days of delay to M***E.Yu. penalties in the amount of RUB 4,397.14. the court finds justified and adequately satisfied.
At the same time, by virtue of Art. 98 of the Code of Civil Procedure of the Russian Federation from the defendant M***E.Yu. in favor of the plaintiff, the court costs incurred by the latter and confirmed by documents for payment of the state fee in the amount of 990.98 rubles shall be reimbursed.
Based on the above and guided by Art. 194-199, Code of Civil Procedure of the Russian Federation, court.
decided:
Claims of PJSC Mosenergosbyt against M***E.Yu. on the collection of debt for consumed electricity and penalties for late payment - satisfy.
Collect from M***E.Yu. in favor of PJSC "Mosenergosbyt" debt for consumed electricity in the amount of 21,968 rubles. 67 kopecks, penalties in the amount of 4397 rubles. 67 kopecks, expenses for payment of state duty in the amount of 990 rubles. 41 kopecks
In the claim of Mosenergosbyt PJSC against N***L.F. on collection of debt for consumed electricity and penalties for late payment - refuse.
The court decision is subject to appeal on appeal to the Butyrsky District Court of Moscow within a month from the date the court decision was made in final form through the magistrate judge of court district No. 90 of the Otradnoe district of Moscow.
Magistrate M.D. Efremov
How to write off debts for electricity
What is included in housing and communal services? Your monthly bills for housing and communal services, or HCS, may include: a single payment document EPD, which includes a bill for most housing and communal services. You can read more about how to use the EPD in our instructions; electricity receipt; a receipt for gas if you pay by meter; home phone receipt. It may also include a fee for television or Internet if these services are provided to you by the Moscow State City Network MGTS. Using an online calculator, you can calculate the approximate amount of utility bills at current rates. How are payments for housing and utility services calculated? 2. How to pay for the EPD? Unified payment document EPD is a receipt received by owners of residential and non-residential premises, as well as tenants of residential premises under a social tenancy agreement. It includes bills for most, but not all, utilities and other services. The EPD is sent by the 1st day of each month, and it must be paid by the 1st day of the month following the billing month.
Write off housing and communal services debts: in what cases is this possible?
A bill that proposes recognizing debt for housing and communal services with an expired statute of limitations as hopeless for collection has been submitted to the State Duma. The document was published in the electronic database of the chamber. The authors of the bill were the head of the State Duma Committee on Labor, Social Policy and Veterans Affairs Yaroslav Nilov, deputy Alexei Didenko, as well as senators Ivan Abramov and Sergei Leonov. According to the text of the initiative, it is proposed to supplement the Housing Code of the Russian Federation with a new article “Recognition of debt for housing and communal services as uncollectible.” Such payments are proposed to recognize debts owed by citizens, “the payment and or collection of which is impossible if the court adopts an act, according to which the provider of housing and communal services loses the ability to collect the debt due to the expiration of the established period for its collection, including the issuance of ruling on refusal to restore the missed deadline for filing an application to court for debt collection.” As stated in the explanatory note to the bill, in claims of management companies for the collection of debts for utility services, Russian courts apply statutes of limitations to debts, limiting the amount of debt to the period of formation of such debts strictly within the limitation period - three years. But management companies continue to include in payment documents debt incurred outside the statute of limitations. Since, according to current legislation, the expiration of the statute of limitations is not a basis for writing off debts for housing and communal services, and management organizations are not obliged to remove this debt from payment and other documents,” explained one of the authors, Senator Leonov, whose words were quoted by the press. service of the Federation Council. According to the parliamentarian, keeping illegal and unjustified debts and penalties in payment documents for housing and communal services infringes on civil rights.
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The parliamentarian emphasized that a general decision to write off bad debts would save Russians from having to go through “huge legal processes.” At the same time, there is a limitation period of three years; after this period, it is impossible to collect these debts.
Debt for consumed electricity
Advice from lawyers:
1. I rented out housing. The tenants incurred arrears for electricity. Electricians cut off the power supply to the apartment for non-payment. There was an old meter, now you need to install a new one. Residents refuse to restore power supply. Pay the debt for consumed electricity and rent.
1.1. Good afternoon You need to study your contract with them and collect it in court as rent or neon. Enrichment With respect to you, Evgeniy Pavlovich Filatov.
Did the answer help you?YesNo
1.2. File a lawsuit against tenants for debt repayment if payment for their use of electricity is included in the terms of the lease agreement as part of the rent.
Did the answer help you?YesNo
1.3. Good day! It depends on what you wrote in the contract. If, according to the contract, they are obliged to timely pay fees for housing and communal services separately and bear the resulting liability, but they have not fulfilled this obligation, then submit a claim to them in writing against signature or via mail. If your housing and communal services were included in the rental payment, then unfortunately you won’t be able to show anything to them. I hope my answer will be useful to you.
Did the answer help you?YesNo
Consultation on your issue
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2. Please tell me on the basis of what legislative documents utility debts (for consumed electricity) have been collected over the last 3 years. I live in Crimea. Thanks in advance for your answer.
2.1. See Art. 1109 of the Civil Code - unjust enrichment (due to failure to fulfill an obligation) is recovered within the limitation period (three years)
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2.2. Article 196 of the Civil Code of the Russian Federation. General limitation period 1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code. 2. The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established, with the exception of cases established by Federal Law No. 35-FZ of March 6, 2006 “On Combating Terrorism.”
Did the answer help you?YesNo
3. Please tell me, do they have the right to collect debt for the consumed electricity of a residential premises only for the last 3 years? Based on what legislation? I live in Simferopol, Republic of Crimea.
3.1. Hello! You can demand for the entire period of non-payment, but collect in court if the debtor declares that the statute of limitations has passed, only for 3 years.
Did the answer help you?YesNo
4. What provision of law requires the prosecutor to consider his representation to the Husband in connection with a violation of housing and communal services standards, namely, there is a debt for consumed electricity, we file few lawsuits against debtors and the information is not fully posted on the housing and communal services reform website.
4.1. FEDERAL LAW ON THE PROSECUTOR'S OFFICE OF THE RUSSIAN FEDERATION Article 24. Submission of the prosecutor 1. The proposal to eliminate violations of the law is submitted by the prosecutor or his deputy to the body or official who is authorized to eliminate the violations committed, and is subject to immediate consideration.
Within a month from the date of submission of the submission, specific measures must be taken to eliminate the violations of the law, their causes and conditions conducive to them; the results of the measures taken must be reported to the prosecutor in writing. 2. When considering a presentation by a collegial body, the prosecutor is informed about the day of the meeting. 3. In case of discrepancy between the decisions of the Government of the Russian Federation and the Constitution of the Russian Federation and the laws of the Russian Federation, the Prosecutor General of the Russian Federation informs the President of the Russian Federation about this.
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5. I own 1/2 part of the house. I haven't lived there for more than 10 years. The magistrate awarded me 1/2 of the debt for consumed electricity, which I did not consume. How to correctly draw up an addition to an appeal against a magistrate’s decision. Sincerely, Klimachenkova.
5.1. —you had to ask the court to apply the statute of limitations and deny the plaintiff’s claims.
Did the answer help you?YesNo
6. Should ESC. Before disconnecting the consumer from electricity for debts for consumed electricity, notify a week before the disconnection again in writing about the upcoming disconnection? Notice of power outage was given to the customer one month before the outage.
6.1. No, you are not required to notify.
Did the answer help you?YesNo
7. What to do if a housing and communal services company does not pay debts for consumed electricity to the Energosbyt branch.
7.1. Good afternoon Collect funds from this enterprise in accordance with Article 309 of the Civil Code of the Russian Federation.
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8. There is no debt for the electricity consumed in the apartment and I pay 100 rubles, but they charge an unrealistically huge amount. According to the meter I pay 340 rubles, but according to the receipt he should pay 700 rubles, is this correct?
8.1. Hello! It is not right. In this case, you need to submit a written complaint to the State Housing Inspectorate in order to conduct an inspection in relation to this management company/homeowners association.
Did the answer help you?YesNo
9. Limitation period for electricity consumed in the apartment. Collection of debt for consumed electricity from 2002 to 2012 - how legitimate is the application to the Justice of the Peace from Petroelectrosbyt? The apartment is privately owned. Thank you in advance for your response.
9.1. Hello! The statute of limitations is 3 years for each payment. Thus, they can only recover from you for the previous 3 years before the filing of the claim. But, in order for the court to apply the statute of limitations, you need to file a corresponding petition in court. Sincerely, D.V. Lyubeznov.
Did the answer help you?YesNo
10. Please help me with the following question: the contractor in the letter acknowledges his debt for the electricity consumed during the reconstruction. The contract itself does not stipulate anything regarding payment for services. The court requires the primary evidence on the basis of which this particular amount was presented, but we argue that recognition of the debt does not require the submission of additional documents - which normative act should we refer to? Thank you in advance! Best regards, Sergei.
10.1. Sergey, good afternoon! The judge asked a normal question. Have you presented bills for electricity consumption? They must be provided. I understand that if the defendant admitted the claim, enter into a settlement agreement, no judge will ask additional questions, and if a decision is to be made, she wants to motivate him normally, there is nothing wrong with that, is there any point in arguing with her? What if you and the defendant have an agreement? She had to make sure that wasn't the case. All the best, Best regards,
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Write off debts for electricity
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How to Write Off Debts for Non-Payment of Electricity
Many debts were artificially created by low standards for the maintenance of common property in some regions. As a result, it turns out that houses consume more than existing standards, and management companies find themselves in debt.
- Intentional evasion of payment of payment receipts, regardless of the reasons.
- Human and technical errors during payment. For example, an incorrect account number was entered or some failure occurred during the banking transaction.
- Incorrect meter readings. Mistakes are often made when transcribing meter readings, so it is important to double-check the numbers before transmitting them. There is also no need to deliberately underestimate the readings; in any case, everything will become clear.
- Incorrect calculation on the receipt. Not everyone double-checks the invoices that arrive monthly in their payment invoices and pays immediately. Do not neglect this, mistakes can have a bad impact in the future.
What is the deadline for writing off rent debts?
In modern realities, payments for housing and communal services place a serious burden on the budgets of domestic families. High tariffs for utilities lead to the fact that sometimes people are simply unable to repay incoming receipts on time, especially if some force majeure circumstances and unforeseen expenses arise.
- The header of the application indicates the name of the court, the case number, the judge who is considering the claim, the full name of the person filing the application, and the status (defendant or plaintiff).
- Then, right in the middle, write the word “Statement” with a capital letter and put a period.
- Then they state the essence of the case in approximately this form: “when considering the case (No., indicate the defendant, the subject of the claim), I ask you to apply the statute of limitations on the basis of Article 199 of the Civil Code of the Russian Federation.”
- You must sign and date below.
Electricity debt
After the debt becomes overdue, the citizen has 30 days to make payment without charging a penalty . The accrual of the fine begins from the 31st day of debt occurrence and until the 90th day of delay is 1/300 of the refinancing rate of the Central Bank of the Russian Federation. If after 90 days the electricity bills have still not been paid, the penalty increases and amounts to 1/130 of the refinancing rate of the Central Bank of the Russian Federation.
Offline methods
After the expiration of the statute of limitations, the company has the right to file a statement regarding the debt in court, and the court, accordingly, must accept it. Proceedings are dismissed only if the defendant himself has declared the occurrence of the SID, otherwise the debt will be awarded.
Clause 77 determines that accounts receivable for which the statute of limitations has expired, other debts that are unrealistic for collection are written off for each obligation based on the inventory data, written justification and order (instruction) of the head of the organization and are charged accordingly to the reserve for doubtful debts or on the financial results of a commercial organization.
The debt for electricity for an apartment in which I do not live was written off
Accounts receivable are written off as non-operating expenses (or at the expense of the reserve made) if such debt is recognized as a doomed debt (clause 2, clause 2, article 265 of the Tax Code of the Russian Federation). With all this, hopeless debts (debts that are mystical for collection) are debts for which the established statute of limitations has expired, as well as those debts for which, in accordance with civil law, the obligation has been terminated due to the impossibility of its fulfillment, on the basis of an act of a municipal body or the liquidation of an organization ( P.
How to write off your electricity debt
Moscow Free assessment of your situation Good afternoon, Sergey! You need to send to the management company (housing office) servicing this house by registered mail (with a list of attachments) an application for recalculation of electricity and excessively accrued penalties, attaching to the letter copies of payment receipts on your behalf.
Does the debt for electricity remain with the address or with the owner?
I have a rent debt and pay it in part on a monthly basis. The chairman of the HOA came and turned off the electricity before there was no official notification of what to do. You can write a complaint to the housing inspectorate or the prosecutor's office.
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1 answer. Moscow Viewed 637 times. Asked 2020-07-13 15:01:29 +0400 in the topic “Family Law” Please tell me whether the debt for the heating network is written off after 3 years of prescription? — Please tell me whether the debt for the heating network is written off after 3 years. Further
7 years have passed, for the last 2 years they have been sending me letters from the electricity service and threatening to sue me. Thanks for any answer. Answer: Hello. The fact is that electricity is supplied only in accordance with the terms of the contract. So, while the contract was valid, and, in fact, remains so at the present time, as long as electricity is supplied.
Best option to check
Each of these paths requires a certain amount of time to visit offices and make phone calls. In addition, you need to be patient and attentive, which will definitely be needed in the process of clarifying the amount of the debt.
As a rule, debts are the result of subscriber forgetfulness. One of the stumbling blocks is the untimely transmission of meter readings to the energy sales company; many organizations require that they be informed of meter readings on certain days, for example, the 23rd-26th of the current month.
What is the statute of limitations for paying debts on consumed electricity?
1. Unless otherwise established by law, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.
If you have a debt for several years for utilities in a residential building in the form of electricity, then it is natural that the Plaintiff (and this is either the organization servicing your MRR represented by the HOA, housing cooperative or Management company, or the resource supplying organization for electricity) has the right to bring to you statement of claim for debt collection for at least 5 years, incl. and penalties calculated for the entire period on the basis of Part 14 of Article 155 of the RF Housing Code.
How debts for electricity arise
Electricity debts are decreasing, but not in the way we would like. It is possible that the agreement with the retention of a penalty was drawn up deliberately by employees of the energy sales company, taking into account the fact that the subscriber will not read every word, and in general does not understand how an installment payment agreement differs from a debt repayment agreement.
How debts for electricity arise
Perhaps you did not submit the meter readings on time, or maybe you simply forgot to write the readings, but as a result, you either have to spend extra money or get nervous when communicating with the management company.
If the defendant refuses to file this application, a lawsuit may result and the defaulting party will be required to pay the bills. The law establishes a certain period, which has no right to be appealed. Utility debt forgiveness can only apply to private individuals. Legally approved conforming status deprives the utility representative of this right.
BP wrote off debts to state-owned enterprises for electricity
It is also possible to write off the debt if there is a court decision to collect unpaid utility bills and enforcement proceedings have been initiated, but there are no funds or property that could be foreclosed on. Moreover, the debtor does not have a permanent job. In this case, the bailiff makes a decision on the impossibility of collecting the debt and the enforcement proceedings are terminated. Such a document is also the basis for the creditor company to write off the debt.
Writing off debts for housing and communal services
The issue of debt deserves special attention, especially the writing off of debts for housing and communal services. In 2020, a bill was introduced to solve problems with non-payers, which made housing and communal services debts an important nuance in the relationship between citizens and government services. It is necessary to understand in advance that there is a debt, since the cumulative principle will work: the amount grows, fines are accrued, increasing over the full period of non-payment.
Can debts for housing and communal services be written off?
If the payer’s family falls under the “poor” criterion, it is necessary to contact local social protection or social security organizations. If debts arise and it is impossible to apply for benefits, it is worth reconsidering your expenses and installing meters for your living space: water supply, electricity, gas.
The plaintiff was the prosecutor's office of the Chechen Republic. They considered that demands to pay for utilities could create social tension in society. Thus, citizens will not have to prove the absence of debts to receive subsidies and compensation. The average amount of debt is 92.2 thousand. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
Write-off of debts for utility bills according to the statute of limitations (judicial practice)
What is a statute of limitations? The period of time given to a person to protect his rights and freedoms. At the same time, the statute of limitations for utility payments, as judicial practice shows, is an opportunity for the management company to file a claim against an unscrupulous owner. Obligation to pay for electricity, water supply, heating, etc. lies with each owner of living space in an apartment building. This must be done every month. For failure to pay for utility services, the supplier organization has the right to apply penalties and/or temporarily restrict the supply of these services. If these actions do not give the desired result and the owner of the property does not pay off his obligations to the utility companies, the case will be taken to court. Provided that the deadline for filing a claim has not been missed.
- confirmation that the state fee has been paid in full;
- monthly receipts for a period of thirty-six months (the absence of at least one receipt and your claim will be rejected, then you will have to pay for all the claims of the plaintiff);
- payments for utility bills made in your own hand, if your opinion on the debt differs from the opinion of the Criminal Code;
- documents confirming the lack of funds from the defendant and/or the need to spend the available money in another direction (for example, to support a child, a sick relative, etc.).
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How to write off utility debts
In addition, housing and communal services debts are written off if the payer suddenly lost the opportunity to employ you and thereby lost the ability to earn money to pay. This option involves the occurrence of a serious illness, injury that significantly affects the person’s ability to work, loss of legal capacity (recognition of the person as mentally ill), etc.
And yet, there is an answer to the above questions. The legislative and legal framework takes into account all factors that may affect the solvency of the owner of the living space. After all, even the most respectable payers often receive receipts containing fabulous amounts of debt for the provision of utility services.
