What is a Payment Default?
Debts lasting more than 45 days, the amount of which is at least 30 euros at the time of transmission, are published in the non-payment register.
The debt underlying the default must be genuine, collectable and verifiable. The person entering the data, i.e. the creditor, is responsible for the correctness of the data and the disclosure of payment defaults.
After the payment default is published in the payment default register, the amount of the debt to be published may fall below 30 euros, i.e. if the debt is fully paid, an end date is added to the payment default.
If the debt consists of installments, then
- the 30-euro requirement is fulfilled if it is formed from the parts in arrears;
- a 45-day deadline is considered from the day the indebtedness arises;
- each subsequent part in arrears is added to the default amount on the day following the payment due date of that part.
After the payment default is published in the Payment Default Register, the amount of debt may fall below 30 euros, i.e. the end date is added to the payment default only when the debt is fully paid.
The payment default data is inserted and also updated by the creditors. Generally, the data is updated if necessary (the amount is increased or decreased, the payment default needs ending) according to the debt balance at least once a week.
Payment default is ended when the breach of the obligation is finished, including full payment of the debt. The end date is then the date of finish of breach of obligation.
Ended payment defaults are published in the register for 7 years in the case of companies and not longer than 5 years in the case of private individuals after the end date of the payment default.
If the payment default has not been ended, i.e. is in a valid status, it will be published as follows:
- In the case of private individuals, generally 15 years, but the publication time can also be longer (if, for example, the claim is in enforcement proceedings and unpaid)
- In the case of legal entities, valid payment defaults are always public.
It is important to know that if an agreement is made with the debtor to pay the payment default or the payment took place after publishing the debt, then the payment defaults are not deleted by agreement with the debtor. Canceling the publication of a payment default is possible if the debt information has not yet been published.