Reclamo deuda ABL

[dariomunra]

Hola a Todos,
Espero hayan arrancado bien el año!

Les comento, a ver si me pueden dar una mano, recibí un aviso de intimación previo a juicio o reclamo judicial, de deuda de ABL de donde vivo, según dicen la deuda data del año 1994, como siempre se comentó que hay que tener los comprobantes 10 años, no los tengo...quiero saber pueden reclamar una deuda de tan larga data? O a los 5 años prescriben? Leí eso de los 5 años por ahí y quizás esté mal (es muy probable).

Desde ya muy agradecido.

Un abrazo,
Darío

[reyleon]

Te lo resumo en breves explicaciones: vivimos en un país donde leyes y normativas hay en abundancia y para cada necesidad, tanto de un lado del problema (tu municipalidad) como del otro lado (vos). Ante cada principio de litigio, sobran leyes que avalan posiciones encontradas para una misma cuestión, lo cual -desde luego- es delirante.

Fijate que buena explicación a tu problema: http://www.cronista.com/fiscal/El-nuevo ... -0006.html a tenor del "fallo Filcrosa".

especialmente la parte donde dice: "Como es de notorio conocimiento, nuestro Máximo Tribunal sólo decide en los procesos concretos que le son sometidos y sus fallos no resultan obligatorios para casos análogos"

Lo cual es otro -de los tantos- delirios del sistema jurídico argentino: que la jurisprudencia de un tribunal superior, en este caso la CSJN, no sea de aplicación obligatoria para los tribunales de menor jerarquía (*).

Entonces, no tiene razón de ser lo que te están reclamando, pero te lo reclaman igual, ya que para torcer el derecho hacia tu lado tenés que recurrir a la justicia para que defina el litigio (con el consabido peligro de que la bola salga lanzada para cualquier lado). A sabiendas de que esto es así, las municipalidades se abusan y exigen el cumplimiento de obligaciones devenidas en naturales -que han perdido el derecho a exigir- por acción de la prescripción.

Saludos... Gabriel...

[dariomunra]

Hola Gabriel,
Muchas gracias por la completa respuesta, me quedó clarísimo y veo una vez más somos víctimas de los baches legales.

Dios mediante me doy una nueva vuelta por la clínica del corsa en febrero/marzo para cambio de aceite, etc.

Un abrazo,
Darío

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I hope this helps! Let me know if you have any other questions.