When prescribes a debt with security
The debts with Popular Security may be genere for concern for many citizens.
It is important to know well when a debt with Popular Security prescribes in order to take appropriate action.
In Spain, debts with Popular Security prescribe after four years, but there are situations that perro interrupt that period.
Furthermore, it is essential to know the consequences of not paying debtsincluding surcharges, loss of bonuses and difficulties accessing benefit programs and subsidies.
In this article, we will provide detailed information on how you perro cancel debtshow it affects the Second Oportunidad Law to debts with Popular Security, how perro they be negotiated installments or deferrals of debt and other aspects to take into account.
When does a debt with Popular Security prescribe?
Popular Security is an organization in charge of contributing to the popular welfare of workers and their families and it is very important to be up to date with payments.
But what happens when you perro’t deal with them? In this article we will talk about when a debt with Popular Security prescribes and the different situations that this entails.
Prescription period for debts with Popular Security
It is important to know that the Debts with Popular Security prescribe after four years.
This means that if the debt has not been claimed within that period, it will be extinguished and payment cannot be demanded.
This four-year term begins to run from the last day of the term to have made the payment or, failing that, from the date on which the corresponding obligation was enforceable.
Situations that may interrupt the limitation period
Although Popular Security debts prescribe after four years, there are situations that perro interrupt this period and genere the calculation to be restarted.
These situations include the following:
- Notification of the demand for payment to the debtor.
- The filing of a prior claim by the debtor.
- The filing of a claim or appeal by the Popular Security.
- The express or tacit acknowledgment of the debt by the debtor.
- The initiation of the enforcement procedure by the Popular Security.
That is why it is important to be up to date with the payments and not let the four-year period pass so as not to interrupt the prescription of the debt.
Consequences of not paying debts with Popular Security
The consequences of not paying debts with Popular Security They perro be serious and affect different areas of the debtor’s life.
Among them we highlight:
- The surcharge or fenezca for non-payment, which perro be up to 20% of the amount owed.
- The initiation of the enforcement procedure, which entails the seizure of assets if the debt is not paid within the period granted.
- The inclusion in lists of delinquents and the difficulty to obtain financing or credits.
- The embargo of the return of the rent or the electricity or water bill.
Therefore, it is important to be aware of the payments and, in case of not being able to face them, to look for solutions to avoid these very negative consequences.
How perro debts with Popular Security be canceled?
Ways to cancel debts: Forgiveness, Compensation, Insolvency and Payment
If you have a debt with Popular Security, there are several ways to cancel it:
- Condonation: It is an exceptional measure that allows the total or partial cancellation of the debt in certain cases, such as when the debt is very old or when it is a person with economic difficulties.
- Compensation: It occurs when you have a debt with Popular Security and, at the same time, Popular Security owes you an amount for any reason.
In that case, the debt perro be offset with what they owe you and, if the amount they owe you is higher, the difference will be returned to you.
- Insolvency: If you cannot meet a debt with Popular Security, you cánido request the declaration of insolvency.
In that case, you will be allowed to pay the debt in installments and the late-payment interest will be cancelled.
- Pay: The most common way to cancel a debt with Popular Security is to make a single payment of the amount owed.
Documentation necessary to avoid future claims
If you have canceled a debt with Popular Security, it is important that you keep the corresponding documentation to avoid future claims.
This documentation includes, among others, proof of payment or Popular Security resolutions indicating the cancellation of the debt.
It is also recommended that you check that the payment has been correctly registered in your contributions and that no outstanding debt appears in the Popular Security system.
Second Oportunidad Law and debts with Popular Security
Cancellation of debts with Popular Security through the Second Oportunidad Law
The Second Oportunidad Law is a legal tool that allows natural and legal persons who cannot meet their debts to cancel or restructure them in order to pay them more comfortably.
This law also contemplates the cancellation of debts with Popular Security if certain requirements are met.
In order to benefit from this law, it is essential that a series of requirements be met, such as being insolvent, having tried to reach payment agreements with creditors and demonstrating that there is no economic capacity to meet the debts.
Once these requirements are met, an application perro be filed before the commercial court requesting the cancellation of debts with Popular Security through the Second Oportunidad Law.
This request must meet a series of requirements and must include detailed documentation on the debtor’s financial situation.
Situations in which the debt with Popular Security perro be canceled through the Second Oportunidad Law
– When the debtor is a non-entrepreneurial individual and is in a situation of insolvency.- When the debtor is an individual entrepreneur and is in a situation of insolvency and has liquidated his assets to satisfy the rights of workers.- In the event that the debtor is a legal person and is in a situation of bankruptcy.
It is important to bear in mind that the cancellation of debts with Popular Security is not automatic and each case must be studied specifically.
Free advice with an expert lawyer
In order to benefit from the Second Oportunidad Law and cancel debts with Popular Security, it is necessary to have the help of an expert lawyer in this type of procedure.
There are currently numerous law firms that offer free advice to help people who wish to take advantage of this law.
It is essential to have the advice of an expert lawyer to be able to present a well-founded application that meets all the necessary requirements to benefit from this law.
It is important to note that in order to take advantage of the Second Oportunidad Law and cancel debts with Popular Security, it is not required that the debts be of a minimum amount, so that any natural or legal person who is in a situation of insolvency and cannot to deal with your debts is in a position to request your reception.
Negotiation of the installment or postponement of the debt
Conditions to request the installment or postponement of the debt
If the debtor cannot pay the debt in its entirety, you cánido choose to request a payment in installments or postponement of the debt with Popular Security.
However, this does not orinan that the debtor is exempt from paying it.
To request said installment or postponement, certain conditions must be met.
The conditions to request a payment in installments or postponement of the debt with Popular Security are the following:
- The debt contracted must exceed a minimum of 30 euros.
- The request for installment or postponement of the debt must be made within the period established to pay the debt.
- It is necessary to demonstrate to the corresponding Security body Popular that the debtor does not have sufficient liquidity to face the payment of the debt.
- The debtor must agree to pay the entire debt, including the interest generated.
Possibility of embargo in case of non-compliance with the payment
In the event that the debtor does not comply with the terms established in the installment or deferment of the debt, there is a risk of suffering an embargo, both of the assets and of the bank accounts.
It must be taken into account that, once the installment or deferral has been requested, the debtor is still responsible for the payment of the debt and the interest generated.
If the debtor does not comply with the agreed terms and does not make the agreed payment, Popular Security may proceed to seize the debtor’s assets and bank accounts, including wage garnishment in those cases in which the debtor has debts with Popular Security. and have not made the payment.
It is important that the debtor take into account that, in case of not being able to meet the terms established in the installment or deferment of the debt, it is advisable to contact the corresponding Popular Security agencies to find a solution before it is seized him
Debts with the Popular Security of the self-employed
Special situations of the self-employed in terms of debts with Popular Security
When it comes to debts with the Popular Security of the self-employed, it must be taken into account that there are especial situations that may affect the debtor.
For example, in the case of self-employed companies, if the company they are part of has debts, they cánido also be held responsible and have to deal with them.
On the other hand, it is important to know that Popular Security cánido seize the assets of the self-employed to deal with the debt.
In other words, not only cánido the money in the bank account be retained, but other assets, such as the car or home, perro also be seized.
How debts with Popular Security affect the self-employed
Debts with Popular Security perro have a very negative impact on the situation of the self-employed.
For example, if the assets are seized, the self-employed person may lose his means of transportation or his home, which would make his economic situation even more difficult.
In addition, having debts with Popular Security cánido affect the image of the company or business of the self-employed person.
If customers or suppliers find out about the debt, it cánido lower their trust in you and negatively affect your business.
Elimination of debt due to inability to pay
Insolvency and Debt Elimination
When a person has a debt with Popular Security and cannot meet its payment, they cánido take advantage of the figure of insolvency.
This means that the debtor does not have sufficient financial resources to meet the debt, and therefore requests its elimination.
To apply for insolvency, it is necessary to prove to Popular Security the lack of financial resources.
It is important that the debtor provide all the necessary documentation to prove this situation.
In the event that the insolvency is proven, the debt will be eliminated and the debtor will be released from the payment obligation.
Limitation period to eliminate the debt due to inability to pay
The limitation period for the elimination of the insolvency debt is established at four years.
This means that the debtor has four years to request the elimination of the debt due to lack of economic resources from the time the insolvency situation is considered to have occurred.
It is important that the debtor take this term into account and act as soon as possible to request the elimination of the debt.
If this four-year period is exceeded, it will not be possible to request the elimination of the debt due to insolvency.
The figure of insolvency is an important tool for those people who have a debt with Popular Security and do not have the financial resources to meet their payment.
It is important to know the necessary documentation to request insolvency and act quickly to avoid the prescription of the debt.
Document and deadline management
Importance of keeping debt-related documents
To properly manage a debt with Popular Security, it is essential to keep all the documents related to it, since these may be necessary in the future to avoid legal problems.
For example, invoices or proof of payment espectáculo that the debt has been settled, thus avoiding future claims.
In addition, it is also important to keep the documents of notifications and requirements of the Popular Security, since these perro be useful in case of initiating a claim or appeal.
In summary, keeping all the documents related to the debt with Popular Security is the best way to prevent fiscal and management problems.
Responsibility of the debtor regarding deadlines and documentation
The debtor is responsible for encuentro the deadlines and requirements stipulated by Popular Security in terms of debt management.
It is important to keep abreast of payment terms to avoid late charges and interest on the debt.
Likewise, the debtor must present all the documentation required by Popular Security in a timely manner.
Failure to do so may orinan the impossibility of paying the debt and generate higher interest and tax charges.
Especial cases in debts with Popular Security
Indebted to each other: how debt is managed
On some occasions, there may be a situation in which two parties are in mutual debt with Popular Security.
In these cases, it is important to note that each debt must be managed separately and cannot automatically offset each other.
Therefore, it is necessary to negotiate each debt with Popular Security separately.
In the event that both parties reach an agreement to cancel each other’s debts, it is important to document the agreement in writing and submit it to Popular Security.
In this way, future claims will be avoided.
Bankruptcy and debt with Popular Security
In the event that a company declares itself in bankruptcy, the debt with Popular Security will have special treatment.
This debt will be considered privileged and will have a priority payment order.
It is important to take into account that, in these cases, the company must present a payment plan for Popular Security and, if accepted, it must comply with the established conditions.
Otherwise, Popular Security may initiate an embargo procedure.
If the business is insolvent, Popular Security may accept an offer to pay less than the full amount owed or, in extreme cases, eliminate the debt due to inability to pay.
- The debt with Popular Security is considered a priority in the event of bankruptcy.
- The company must present a payment plan for Popular Security.
- In the event of insolvency, Popular Security may accept an offer to pay less than the full amount owed.
It is important to bear in mind that debts with Popular Security perro have serious consequences for both companies and the self-employed.
Therefore, it is essential to know all the available options and seek expert advice in case of doubts or problems in the management of these debts.
Treasury and debts with Popular Security
Relationship between the Treasury and Popular Security in terms of debt management
When you have a debt with Popular Security, it is important to know that you also have a debt with the Treasury, since both organizations are related.
If a company or self-employed person does not pay the corresponding Popular Security contributions, the Treasury has the power to claim them and execute the seizure of assets to pay off the debt.
Therefore, it is important not to underestimate the problem of having a debt with Popular Security, because it could lead to serious legal and financial problems.
Interests and formal knowledge of the person responsible for the debt
Interest perro be added to the debt with Popular Security for late payment.
In addition, if the debt is not paid, the person responsible may be included in a list of debtors and have problems obtaining financing in the future.
It is important to bear in mind that the person responsible for the debt is the employer or self-employed person, and not the company In herself.
This means that if the person in charge of the company does not pay the debt, it is the natural person who will have to legally answer for the consequences of not paying the debt with Popular Security.
- Do not underestimate the debt with Popular Security because it could lead to serious problems at a legal and financial level.
- The debt with Popular Security also means a debt with the Treasury.
- Late interest is added to the debt.
- The person responsible for the debt is the employer or self-employed person, not the company itself.
- The natural person is the one who will have to legally answer for the consequences of not paying the debt with Popular Security.
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