Antiquity is an institute that reveals many peculiarities depending on where it is applied. It has a different duration in different cases, and the rules for its suspension and interruption vary according to the reasons for its application says Scarborough Criminal Lawyers.
What is a “performance order”?
The enforcement order is a type of non-judicial enforcement order. This means that it is a commonly used tool on the basis of which enforcement proceedings may be initiated without legal action. Its wide application in practice stems from many of its advantages over litigation. These include the significantly lower amount of the state fee and the much shorter time limits for issuing it compared to the court ruling in a case. Evidence is not required in ordering proceedings. An exception is the request for an execution order based on a document. In these proceedings, it is precisely the document on the basis of which the order is sought that is produced.
At the same time as the enforcement order enters into force, a writ of execution is issued. In the immediate execution order, the writ of execution shall be issued at the same time as the order itself. On this basis, the creditor initiates enforcement proceedings against the debtor before a private enforcement agent.
It is precisely because of the widespread application of enforcement orders in practice that the question of the application of the rules of limitation to them arises. In fact, there are two major questions that need to be answered.
These are:
What is the duration of the limitation period in the case of issuing a writ of execution; and
Does filing an enforcement order interrupt the statute of limitations?
What is the duration of the limitation period in the case of a writ of execution?
The limitation periods have different duration depending on the reason for which they refer. With respect to enforcement actions (writs of execution issued on the basis of court decisions), the limitation period is five years.
With respect to non-judicial enforcement grounds, such as an enforcement order, the length of the limitation period depends on the nature of the claim for which it is issued.
You can read more about the different types of limitation periods and their duration in the topic on protection against claims for liabilities whose limitation period has expired.
For example, if the writ of execution was issued on the basis of a bank’s claim for a monetary obligation under a loan agreement, the limitation period would be five years.
Is the limitation period for filing an application for an execution order?
Filing an application for an enforcement order does not interrupt the limitation period of the claim. This means that if the creditor files such an application, the five years, respectively, the three years at which the debt is due will continue to run. Of course, this rule is not absolute. It reveals certain features and allows exceptions.