The mass mailing of receipts with debts for garbage angered Chelyabinsk residents. Residents of different districts of the city sent bills with unclear charges to the editorial office. The amounts range from 100 rubles to several thousand. At the same time, the recoverer was not the regoperator, but an unknown company. We found a trail leading to the ex-governor's family. We are looking into where the garbage debts came from, how legitimate attempts to collect them without a statute of limitations are, and how to challenge erroneous charges.

Lawyers call the situation ambiguous and very interesting. Although ordinary citizens are unlikely to like such an interest in their wallets.

— On the one hand, MSW management is a public service. The Housing Code prohibits the assignment to third parties of the right to collect debts from citizens for utilities. And, in theory, if the Municipal Unitary Enterprise Urban Environmental Center could assign this right to anyone, it would be to the new regional operator who was appointed after him, says Sergey Sergeev, head of legal support for disputes in the field of utilities and real estate management of the Yakovlev & Partners Law Group. — At the same time, we must remember that the norm came into force in 2019. And it does not apply to the assignment of the right to collect debts that arose before 2019. This means that the concession itself may be quite legitimate. Another thing is the re—collection and the limitation period.

— "Of course, a citizen will not be able to collect debts that arose more than three years ago. At the same time, the limitation period is calculated separately for each calendar month. That is, a person can simply ignore this requirement, wait until he is sued and defend himself in the judicial process. But in order for the court to apply this provision of the law, a citizen must necessarily come there and declare it," explained Sergey Sergeev.

The easiest way to find evidence is if the debtor paid for garbage collection by bank transfer.

— "Then you need to make a request to the bank, if you paid from a checking account, or to the cash settlement center, which was engaged in accruals and collection of payments during the disputed period. After you receive the documents confirming the payment, you need to contact the creditor company, indicate that there is no debt, and ask them to correct the information," Sergey Sergeev suggested. — If the new company refuses to do this, in this case, again, wait for the foreclosure court and defend yourself there, attaching all the evidence.

The original source : https://74.ru/text/house/2023/06/19/72402992/