Statute of Limitations on Claims in North Macedonia: What You Need to Know

Statute of Limitations on Claims in North Macedonia: What You Need to Know

The statute of limitations on claims is a legal mechanism that limits the time period within which a creditor can request forced debt collection. In North Macedonia, the statute of limitations is regulated by the Law on Obligational Relations and is essential for protecting the legal certainty of both parties involved. This article covers the details of statute of limitations, particularly for utility charges, periodic claims, and business obligations, with additional information on how the limitation period can be interrupted.

Key Statutes of Limitations
  • Utility Bills (Electricity, Water, and Other Municipal Services)

Limitation Period: 1 year

Explanation: Utility bills such as electricity, water, gas, telephone, waste disposal, and other municipal services are subject to a 1-year statute of limitations from the date of the bill’s issue. If the creditor does not take legal action (such as filing a lawsuit) within this period, the debtor has the right to invoke the statute of limitations.

Note: For legal entities (companies), the statute of limitations is 3 years.

Tip: If you receive an outdated bill, consult a lawyer before paying it.

  • Periodic Payments

Limitation Period: 3 years

Examples: Rent, interest, damage compensation, and other payments due periodically.

  • Business Contracts

Limitation Period: 5 years

Examples: Claims arising from the delivery of goods, services, or sales agreements.

  • Court Rulings

Limitation Period: 10 years

Explanation: All claims confirmed by a final court decision or other competent authorities have a longer statute of limitations period.

How the Statute of Limitations Begins and Can Be Interrupted
  • Commencement: The statute of limitations begins from the moment the claim becomes due (e.g., payment due date for a bill).
  • Interruption: Filing a lawsuit or taking another legal action interrupts the limitation period.
  • Suspension: In cases of extraordinary circumstances (e.g., natural disasters or states of emergency), the statute of limitations is suspended until the obstacle is removed.
Court and Objections to the Statute of Limitations

It is important to note that the court does not take the statute of limitations into account automatically. This means:

The debtor must explicitly raise the objection of statute of limitations during the legal proceedings.

If they fail to do so, the court will recognize the claim as valid and issue a judgment in favor of the creditor

Recommendations for Creditors
  • Monitor Deadlines: Regularly check outstanding claims.
  • Take Legal Action: If the debtor fails to pay, immediately take appropriate legal steps, such as filing a lawsuit.
  • Consult a Lawyer: Professional advice can help you avoid losing the right to claim payment.
FAQs (Frequently Asked Questions)
What is the statute of limitations on debt?

The statute of limitations is the time period during which the creditor can claim the debt through legal action. After this period, the debtor can invoke the statute of limitations to avoid payment

What is the statute of limitations for utility bills (electricity, water, telephone, internet)?

The statute of limitations is 1 year from the date the bill was due. For legal entities, the period is 3 years.

What happens if I don’t raise an objection to the statute of limitations?

If the debtor fails to raise the objection, the court will not consider it and will recognize the claim as valid.

Does filing a lawsuit interrupt the statute of limitations?

Yes, filing a lawsuit or other legal action interrupts the statute of limitations period.

Closing arguments

The statute of limitations on claims is an essential legal concept that protects both parties in a legal relationship. To avoid complications, it is advisable to follow deadlines and take timely action. If you have any questions or need legal assistance, consult an experienced lawyer.

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