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7.16.6 Irrecoverable at law
188.8.131.52 — A debt may be written off as irrecoverable at law where:
- recovery is barred by expiration of the statutory limitation period (see this manual's Section 7.3 Statute of Limitations in this chapter).
- there is insufficient evidence to prove the existence of a debt, or where the papers available do not adequately substantiate the debt.
In some cases the debtor may feel a moral obligation to repay the outstanding amount even though the amount is irrecoverable at law. Accordingly a 3-6 month period should be allowed to ascertain whether this is the case, and if so, recover and finalise the debt. If the debtor does not wish to repay the debt, then the debt must remain written off.