Confusing the date of the listing of the statement of account containing the list of payments made by the debtor under the enforceable title with the date of the last payment on account of the debt. Limitation term of forced enforcement

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

Since the loan agreement was not accompanied by a repayment schedule or statements of account issued by the assignor, the first court, by way of a letter, requested the assignor to communicate the date on which the last payment made by the appellant was recorded.

By the letter submitted, the assignor informed the first court that it submits the account statement showing that the last payment, amounting to 140 lei, was made on 01 May 2017.

However, it appears from the account statement submitted with that letter that the payment of 140 lei was made on 03 June 2010 and not on 01 May 2017, as the assignor erroneously stated, and it is evident from the mention in the top right corner of the statement that 01 May 2017 is the date when the statement was listed.

Consequently, the three-year limitation period of the right to seek enforcement began to run from 3 June 2010, and not from 1 May 2017, as the first court wrongly held, taking the erroneous information from the assignor's letter.