Are they claiming an old debt from a school? Be careful, it might be time-barred.

Today I want to share with you a recent case we won at the firm, and which I think is very important for you to know about, because situations like this are much more common than they seem.

Imagine the situation: you receive a letter from the court demanding payment for a bill from almost ten years ago. The initial shock is unavoidable. Many, out of fear or ignorance, think about paying immediately to «get rid of the problem». But my clients did the right thing: they came to see me before doing anything at all.

The case: A school invoice from 2015 claimed in 2022

My clients were being claimed for an amount close to 900 euros (plus interest) for a school instalment from June 2015. Yes, you read that right, from 2015. The lawsuit, however, reached us much later, specifically it was filed in April 2022, almost seven years after the debt was incurred.

When I studied the documentation, the strategy became clear to me: that debt could no longer be claimed. It had «expired,» or in legal terms, it had prescribed.

The key is in the deadlines (and the small print)

Here comes the interesting part. It is sometimes believed that debts take 5 or 15 years to become statute-barred, but that is not always the case. In this instance, as it concerns teaching services (paying a school or teachers), the Civil Code (article 1967.2) is very clear: the time limit for claiming is only 3 years.

The opposing party attempted to argue that they had sent us emails claiming the money to try and interrupt the statute of limitations. It is true that they presented some emails, but they made a fundamental mistake: these emails were from much later dates, specifically 2020 and 2021.

My defence to the judge was simple but forceful: when those emails were sent in 2020, the debt from 2015 had already been statute-barred for years. You cannot revive a dead debt. The court confirmed that no proof of claim was provided within the 3-year period after the debt became due.

The result: 0 euros to pay and absolute peace of mind

The Court of First Instance No. 4 of Marbella has ruled in our favour point by point. The judgment makes it clear that it is not enough to make a claim late; it must be done within the deadlines set by law.

The result couldn't have been better for my clients:

• Complete dismissal: They do not have to pay a single penny of the debt claimed, as it is declared time-barred.
• Costas: The school will have to pay my lawyer and solicitor's fees, as the judge ordered them to pay the costs after their claims were dismissed.

My advice as a lawyer

If you ever receive a claim for an old debt, whether from a school, a telephone company or any other service, don't pay automatically.

The passage of time is a very important legal factor. Before you get worried, check the dates. And if you have any doubts, ask me. As you have seen in this case, a good analysis of the deadlines can save you a lot of money and give you the peace of mind of knowing that you are defending your rights.

En FA Lawyers This is what we're here for: to ensure you don't pay for what you shouldn't.