# When does an alleged debt become time-barred?



## tzanth (Feb 1, 2015)

In 2014 I had a horrendous ordeal with a lawyer I had appointed to help me with my property purchase.

The lawyer only ever got me my NIF number and a bank account, and failed to complete anything else related to the transaction. Therefore, I sacked him and appointed a new lawyer and everything went well.

The old lawyer attempted to defraud me by asking me to pay a bill representing the full amount of work, even though he'd only completed 10% of it. This was never agreed.

I refused to pay and received a lot of abusive emails from him, threatening me with this and that.

Legalities aside, does anyone please know when an 'alleged' debt in Portugal becomes time-barred? For example, in England, a debt can become time-barred after 6 years. When I say time-barred, I define this as meaning 'not able to enforce the collection of the debt through the Courts'.

I always disputed this debt and never paid the first lawyer a penny, and in the 2 years that have passed I've heard nothing from this lawyer nor received any notification for a Portuguese court of proceedings, but he's known for having tricks up his sleeves and it wouldn't surprise me if he issued proceedings now.

Because I don't speak fluent Portuguese, it's very difficult to understand the laws set out online regarding debts and disputed debts and when so much time has passed, they become unenforceable.

If anyone has any knowledge, I should be very grateful.

And one tip for any one seeking to buy a property: get everything regarding lawyer's fees in writing up front from him. This is where the old lawyer slipped up. If the lawyer fails to perform, you can sue for breach of contract and the associated costs of appointing a second lawyer.

Consulting a lawyer in Portugal is difficult because they don't want to take on disputes with other lawyers. It's not like that at all in England. It really surprised me.


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## Pgmills (Jan 19, 2015)

I am not certain if the time bar period is any different here but be wary of relying on it. For example, if your claimant remains silent for 5 years and 364 days and then writes to you claiming the alleged debt, the 6 years starts again.
Better to take the Bull by the Horns and write offering a sum "in full and final settlement" and see if he bites.


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## Transcend (Dec 25, 2015)

Pgmills said:


> Better to take the Bull by the Horns and write offering a sum "in full and final settlement" and see if he bites.


The problem with doing this is that tzanth would be admitting liability for the debt, which is something I suspect he does not want to do.

Is it not better, to use another idiom, to Let Sleeping Dogs Lie? In other words, do nothing. The chances are the lawyer will have written-off the amount as a bad debt, and you will hear nothing more. The lawyer will know how difficult (and time-consuming) it is to enforce payment of a debt, and is unlikely to pursue it to the courts.


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## MrBife (Jul 26, 2009)

I would explain the situation to your new lawyer, who must already know most of the situation. Ask him/her for their recommendation and advice. These people all know each other and will be able to research a little further and give you some inside info.


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## advolex (Mar 8, 2015)

*Conflicting lawyers*

I seem to always agree with MrBife and do so in this matter also. Only if you would not consult with your later lawyer about it, would you care to consider the following thoughts. - I'm sorry that I don't know after how many years a claim is barred in PT.

In the legal systems where I know the answer, they all share the same principal view: It takes longer for a claim towards a commercial entity than a private individual to become barred. In one of thoses systems it takes between 3 and 10 years. That's the easy part, the number of years. More difficult it becomes when you have to consider what is required for a new period to start.

The first lawyer would know, of course. Which gives him a distinct advantage. And you the short end of the stick.

He has sent you an invoice and he never agreed to drop his claim. So I would definitively try to get a settlement over the amount before he goes to court, as he likely would be entitled to some remuneration for his mandate, somewhere between 10 and 100 %, I would think. And what good is it if you would obtain some minor reduction of the fee in court, but would still have to bear the costs of litigation, for the dispute?

And he would be an unprecedented scum bag if he would rely on your settlement efforts to ascertain that you have agreed in principle that you owe him money. This won't happen with any lawyer who is a member of the CCBE, roughly the European Bar Association. If he is a PT lawyer, admitted to Bar in PT, he would be bound by the ethical standards of the CCBE. Most civil courts would respect these obligations also.

If you were to bring forward your settlement proposal yourself, which probably would be a not so good idea, depending on the amount in question, your personal capabilites and the first lawyer's attitude, it would be wise to remind him that he may not rely on your approaching him for a settlement before any court or other authority. He would then realize that you know. (Say it in the presence of a third party, to be on the safe side):boxing:

I personally would think it's better to get it over with, than to wait and see. Especially if you agree that he should be entitled to a lesser amount than he charged, but something. Negotiate with him, or rather if you can afford it, have someone do it for you. Your second lawyer would be the safest bet, I think.

I'm still interested to learn the answer to your question, should anyone come up with it.:fingerscrossed:


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## Strontium (Sep 16, 2015)

If what you say is true and you can substantiate it 


*The old lawyer attempted to defraud me by asking me to pay a bill representing the full amount of work, even though he'd only completed 10% of it. This was never agreed.

I refused to pay and received a lot of abusive emails from him, threatening me with this and that.

*

Then you need to ask for his/hers company complaints book and fill it in in English including references to the fraud and threatening/abusive correspondence supporting your allegations. If he/she refuses the book then just involve the police. This is what the complaints book is for and does not involve pointless mud slinging in courts.


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## Maggy Crawford (Sep 18, 2010)

I have heard that DECO (Consumer Affairs) is very useful but do not know how to go about it.


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## advolex (Mar 8, 2015)

*Law offices and complaints books*



Strontium said:


> If what you say is true and you can substantiate it
> 
> 
> *The old lawyer attempted to defraud me by asking me to pay a bill representing the full amount of work, even though he'd only completed 10% of it. This was never agreed.
> ...


My hair dresser has a sign in her shop informing clients of the whereabouts of the complaints book. My repair garage has such a sign also, as every other shop, restaurant or café I've visited in PT. The law offices I've visited here, however, have not had such a sign. I suppose everyone knows that a complaint against a lawyer (admitted to the bar) can be initiated with the relevant Bar Association. Perhaps that is why you don't see any signs regarding complaints books in such offices.


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## advolex (Mar 8, 2015)

*Deco*



Maggy Crawford said:


> I have heard that DECO (Consumer Affairs) is very useful but do not know how to go about it.


I don't know if this helps, but I have the web address to a consumer organisation, which publishes the monthly "PRO TESTE" magazine, formerly called "DECO PRO TESTE". It also has a section on Consumer Rights, and is, i m h o, good reading.

Defesa do Consumidor - DECO PROTESTE


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## Transcend (Dec 25, 2015)

tzanth said:


> In 2014 I had a horrendous ordeal with a lawyer....
> 
> ....in the 2 years that have passed I've heard nothing from this lawyer nor received any notification for a Portuguese court of proceedings.....


For those recommending that tzanth should contact another lawyer, a consumer affairs body or sign a book of complaints, please remember that tzanth has heard nothing about this alleged debt for two years. Why bother re-opening the matter? 

After the passing of two years it is almost certain the lawyer has written-off the debt in his accounts and that is the end of the matter.


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## advolex (Mar 8, 2015)

*Alleged debt?*



Transcend said:


> For those recommending that tzanth should contact another lawyer, a consumer affairs body or sign a book of complaints, please remember that tzanth has heard nothing about this alleged debt for two years. Why bother re-opening the matter?
> 
> After the passing of two years it is almost certain the lawyer has written-off the debt in his accounts and that is the end of the matter.


I can't say what's certain or not, but was under the impression that also the client thought that he owed something, but not as much as the lawyer once saw fit to propose in the invoice. In this context, I made some comments in post #5. Agreed, these comments were not an answer to the question of the OP.

If you don't owe, don't pay. If the lawyer says you owe, and his claim is not barred, seek a good settlement before it's too late. There might exist cases between these end points, though, so the solution might not be universal. It's more of a common sense nature than a matter of law.


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