Aunque no es lo más habitual, es posible que tengas que reclamar una deuda a la Administración. Lo que sucede es que en ocasiones, sobre todo cuando esta es pequeña, se desconoce el procedimiento. No te preocupes, aquí te decimos cómo puedes hacerlo para que no haya ningún problema.
Cómo y cuándo reclamar una deuda a la Administración
Los plazos de prescripción de deudas están regulados conforme a lo que establece el Código Civil. Como principio general, dispondrás de cinco años para la reclamación de la deuda. Esto es lo que establece el artículo 1.961 del código. Es cierto que para otras cuestiones los plazos pueden ser más cortos, pero no en este caso.
Las deudas que no tengan un plazo especial, funcionan a partir de esta lógica, que es la de los cinco años. Sin embargo, es importante señalar que se tienen que dar dos condiciones ineludibles para poder cobrar.
1. Capacidad de demostrar la deuda
Este es el primer paso, sin el cual no sería viable el resto del proceso. Como principio general, tienes que contar con un pronunciamiento, ya sea del deudor, ya sea de los tribunales. Cuando se trata de la Administración, va a ser fundamental que este reconocimiento parta de un organismo público. La buena noticia es que ese reconocimiento parte de una presunción de veracidad, así que será para ti la mejor prueba de que te deben dinero.
¿Cuáles son las fórmulas posibles de este reconocimiento? En realidad, pueden ser varias. Por ejemplo, una declaración fiscal, un procedimiento judicial o una factura. Todos estos casos permitirán que, de oficio, puedas responder ante la Administración.
2. Inicio de las acciones que correspondan
El plazo de prescripción de la deuda se interrumpe cuando inicias algún tipo de acción. Por lo tanto, te conviene, y mucho, no dejar pasar el tiempo. Si puedes demostrar que se te debe un dinero, has de reclamarlo por escrito y con acuse de recibo. El burofax puede ser una buena opción para que quede constancia documental. Lo importante es que la reclamación de la deuda se pueda demostrar.
Es evidente que, sin un documento que justifique que has reclamado el dinero, la deuda se considerará inexistente. Este es el motivo por el que te conviene no dejar pasar el tiempo innecesariamente. Muchas deudas han quedado anuladas porque no se han reclamado en tiempo y forma.
Conclusión
Reclamar una deuda a la Administración es menos común que a una empresa o particular, pero puede ser una cuestión vital para muchos ciudadanos. Saber cómo actuar es fundamental para no hacer dejación de derechos.
La Gestoría Fiscal Contable puede proporcionarte el asesoramiento legal que necesitas para evitar problemas. Ten en cuenta que, hoy, son muchos los trámites a realizar y, en ocasiones, se hace necesario disponer de ese apoyo constante. Si eres autónomo, PYME o particular, te ahorrarás muchos problemas. El resultado es que tu trabajo resultará mucho más sencillo y funcional.
En consecuencia, no dejes de contactarnos si te apetece conocer mejor las posibilidades a tu alcance.
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