When faced with a creditor claiming money, you should not give in under pressure. - IStock / City Presse

In the event of a financial problem, it may happen to delay paying off your telephone or electricity subscription. Worse, bills can add up to over-indebtedness. However, any debt contracted must be paid.

It is a precept of common sense, but also a legal principle. That said, the law sets limits on claims as well as creditors.

Undeniable debt

Without ostrich on what you owe or not, it is important to remember that to require the payment of an invoice, in other words for it to be the subject of a recovery procedure, the claim must or "certain, liquid and due". Therefore, any letter requesting money must carefully specify the reason and the amount. On your side, you have to ask yourself the right questions. Have you signed a contract? Are the amounts requested due and correct? Wasn't the payment subject to a suspensive clause which had not been fulfilled? Has the action period not passed?

According to the Consumer Code, professionals providing goods and services have two years to turn against individuals. Similarly, consumer credit debt is prescribed within two years after the first unpaid unpaid monthly payment, while the deadline is only one year for telephone and internet operators. If the deadlines have passed, you no longer have to pay anything. But beware, the procedural acts carried out by the creditors suspend the course of this period. In addition, as soon as you pay part of the money, the prescription is also discarded.

The resorts

If the creditor has made a mistake or the debt is extinguished, you must contest this recovery by registered letter with acknowledgment of receipt, explaining the reasons for your disagreement. If, on the other hand, you owe this money well and you cannot afford to pay it all at once, send a letter directly to the professional to ask him if it is possible to stagger the settlement of your invoice. You may, in the process, offer him modalities appropriate to your financial situation. And tell him that he must formalize his agreement in writing to keep a record of it.

Didn't find an amicable solution? In this case, you can file a file with the over-indebtedness commission of your department.

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