On February 22, 2018. I wrote on Blog about the planned changes to the statute of limitations and the expected consequences of these changes in the form of a possible inundation of courts with payment cases by banks, debt collectors and other companies. My fears as you can see - were confirmed. The legislation was passed, and according to the Ministry of Justice, there are "signals from the courts that banks and other companies claiming debts on a massive scale are flooding them with tens of thousands of new lawsuits. It is apparent that there is a flight from the new regulations."
Unfortunately, the above situation is also prolonging the time for all other business participants to pursue claims. Courts are simply 'corking up' and are unable to recognize cases even within the current standard (already long) time limits. In extreme cases, payment orders can now be issued within 4-7 months.
The above situation is very uncomfortable for factoring companies, which very often refer cases for payment to an entity either at risk of insolvency or already insolvent. In such situations, every day of delay matters and can lead to irreparable damage.
In view of the above - when facing the choice of referring a payment case to the Court, in this case it is worth considering whether it is a good time to settle the case or conduct mediation. As a last resort, it is also worth remembering that the creditor, to a certain extent, has the right to choose the court to which the case will be referred - and the burden of payment cases on the courts is not evenly distributed.
