The Law on Obligations regulates all debts for utilities so that they expire after 12 months from the origin of the debt, i.e. the date on the invoice.
Citizens’ eternal dilemma is when the statute of limitations for unpaid debts expires accounts. Law on Obligations regulates all debts for utilities and many do not know that they expire after 12 months from the origination of the debtor the date on the account.
After that period, the trader has the right to sue the service user who, in order to avoid collection of the debt, can refer to the statute of limitations in that case. Dejan Gavrilović, president of the “Effective” association who deals with consumer protection, clarified which services this term applies to in an earlier interview.
“The one-year statute of limitations applies to utility services and related activities. These are all services of general economic interest – electricity, water, telephone, cable, parking service. That means, all those services that do not even have to be provided by merchants representing public utility companies, but also those that include private companies such as mobile and cable operators. All of this falls under the one-year statute of limitationsGavrilović said earlier.
Gavrilović clarified in which situations the debt becomes valid again. He also explained how the merchant can charge for it.
“The problem is that some mobile operators, that is, their legal representatives, are trying to deceive debtors even though a year has passed. Debt expires after one year and that is the only truth. Every consumer is obliged to declare his complaint within the deadlineGavrilović stated earlier.
“Efektiva” previously stated that consumers are complaining en masse that some sellers of landline and mobile telephony services, through their proxies, are trying to collect long-overdue claims, with the claim that Article 378 is allegedly not applied to these services. of the Law on Obligations (ZOO), which provides for a one-year statute of limitations for utility services, electricity and telephony, but for legal entities, Article 374 of the Civil Code provides for a three-year statute of limitations, and for natural persons, Article 371 of the Civil Code provides for a general, ten-year statute of limitations. The difference in the application of the statute of limitations exists only in the case of communal services, which fall under Article 378 paragraph 1 of this Law, and that paragraph applies exclusively to households, not to legal entities. Thus, a one-year statute of limitations applies to natural persons, and a statute of limitations of three years applies to legal entities.
At the end, Gavrilović pointed out that the consumer is not obliged to keep received invoices and copies of payment slips. Also, in the event of a dispute, this can be a serious problem, and “Effectiva” previously advised all consumers that they keep all incoming invoices.
“Given that there are often situations where a merchant claims something from the consumer that he claims has been paid for, but he has not saved the payment slip and cannot prove it, the only evidence in such a situation is the merchant’s records. The merchant can fake it, there can also be a malfunction in the system, so that a debt that has actually been paid appears, and the consumer cannot prove it, and then he will lose the dispute or have to pay again. That’s why advice to consumers to preserve evidence. It does not have to be a payment slip, an electricity or telephone bill is sufficient, on which it is indicated that there is no previous debt. Each such invoice is proof that the previous month’s obligations have been paid“, Gavrilović concluded earlier.
(WORLD)