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Updated: 12/12/2018
What is the statute of limitations on a loan? How to count it correctly? How long is the limitation period for individuals and guarantors? How to behave correctly with the bank and in court? Can a loan be written off due to the statute of limitations?
Have you taken out a loan from a bank and are faced with a situation where it has become difficult to pay: have you lost your job or gotten sick? Or even worse: once upon a time, out of stupidity, you vouched for a distant relative, who also recently died, and today you received a subpoena! When does the statute of limitations on a loan expire? Will the bank write off the debt? Is it possible not to pay?
In this material, we will look at the subtleties and nuances associated with the statute of limitations on bank loans and personal cards in Russia.
- 12.1 A year ago the debt was transferred to collectors, how is the statute of limitations calculated in this case?
What is the statute of limitations on a loan?
The statute of limitations on a loan is the time during which the bank can collect the loan through the court. The bank can demand payment of the loan through the court from the borrower, guarantor or assignee. The legal successor is the heir of the deceased debtor.
Below in the article we described in detail how the bank operates in such cases, what property the bailiffs can describe, we gave examples from judicial practice, in one such example a person took out a loan of 100,000 rubles, stopped paying, and after the trial returned it in total complexity 213,608 rubles.
How long is the statute of limitations and from when to calculate it?
The Civil Code states (Article 196) that the general limitation period is three years.
When do you start counting three years? This issue is controversial. Some lawyers believe that each individual payment should be counted separately. Their opponents propose to count from the expiration date of the loan agreement. Still others count from the date of the last payment.
Which one is right? Let's turn to the laws. Article 200 of the Civil Code of the Russian Federation says that it is necessary to count from the moment the party whose right was violated learned about this violation. What does it mean?
The loan agreement contains a payment schedule, according to which the loan must be paid on a certain date each month. As soon as you are late on a payment, the bank will know about it. So, from this day we count three years. For the next payment, the limitation period begins to count as soon as it is overdue, etc.
That is, for each payment the limitation period is considered separately.
Example: Pavel took out a loan of 36,000 rubles for 12 months on February 14, 2015. On the 14th of each month you must pay the monthly loan installment. The first three months: until May 14 inclusive, Pavel regularly makes payments. June 14 is the date of the next payment, but Pavel does not pay or does not pay in full. From this moment on, the creditor already knows about the delay, and the statute of limitations for this payment begins to run.
After a month, the amount of the next payment plus a late fee is added to the amount owed. For this amount, the three-year period is counted from July 14, 2015, etc. (see Table 1).
Table 1: Calculation of the limitation period for loan payments
Next scheduled payment date | Start of limitation period | When does the statute of limitations expire? | |
Start of loan | 14.02.2015 | – | – |
Paid | 14.03.2015 | – | – |
Paid | 14.04.2015 | – | – |
Paid | 14.05.2015 | – | – |
Overdue | 14.06.2015 | 15.06.2015 | 15.06.2018 |
Overdue | 14.07.2015 | 15.07.2015 | 15.07.2018 |
Overdue | 14.08.2015 | 15.08.2015 | 15.08.2018 |
Overdue | 14.09.2015 | 15.09.2015 | 15.09.2018 |
Overdue | 14.10.2015 | 15.10.2015 | 15.10.2018 |
Overdue | 14.11.2015 | 15.11.2015 | 15.11.2018 |
Overdue | 14.12.2015 | 15.12.2015 | 15.12.2018 |
Overdue | 14.01.2016 | 15.01.2016 | 15.01.2019 |
End of loan | 14.02.2016 | 15.02.2016 | 15.02.2019 |
Limitation period for a loan for a guarantor
If you signed a guarantee agreement for a loan that was taken out by a relative, friend or other person, and this same person stopped paying the loan, then bank representatives will contact you. They will offer to pay the debt. It’s clear that you don’t want this at all. Let's deal with the issue of limitation of actions for the guarantor.
The guarantee is valid for as long as it is given. This period must be specified in the guarantee agreement. If a specific date is not specified, the guarantee is valid for one year after the end of the loan agreement. If the bank does not file a lawsuit within this period, the guarantee ends.
Here it should be taken into account that this period is preclusive - that is, the obligation itself terminates: it cannot be restored, interrupted or counted again.
Even if the bank sues the guarantor more than one year after the end of the loan agreement or after the period specified in the guarantee agreement, then it is necessary to declare the termination of the obligation, referring to clause 6 of Article 367 of the Civil Code of the Russian Federation.
In practice, there are situations when the loan agreement is still valid, but the borrower dies before fully repaying the loan. What awaits the guarantor in this case?
Court order before bankruptcy of an individual
Typically, after six or more months of non-payment, the creditor, desperate to get the money back, files a lawsuit. The very first stage of judicial debt collection is applying for a court order. In this case, a simplified scheme of unconditional acceptance by the court of debt calculation applies. The application is considered by a judge of the magistrate court alone. The magistrate's court site itself can be located either at the place of residence of the borrower-debtor or at the location of the creditor bank, even in another city. This is called “contractual jurisdiction,” which is determined by the loan agreement or the terms of the loan or credit card.
You can find out that a court order has been issued either from a copy of this order received from the court by mail, or by tracking their availability by last name and initials on the website of the relevant magistrate court. A court order is very popular among collectors, because... for its issuance, half the amount of the required state duty is paid. But behind the savings there is also a disadvantage of this approach - the ability to cancel such an order to the debtor by simply stating an objection, for example, about disagreement with the amount of the debt. And the order is cancelled. Just?
And now the pitfalls. You may not know about the court order, you may not have time to track its issuance and object... And the order itself is already a writ of execution, which the claimant can send to the bailiffs or directly to the bank where you have an open salary account. Therefore, if you are on the path to non-payment, the first thing you need to do is to monitor a possible court order against you.
Limitation period for a loan from a deceased borrower
It all depends on the terms of the guarantee agreement. And there are two options:
- If the guarantee agreement contains a clause stating that the guarantor agrees to be responsible for the new debtor in the event of the death of the debtor, then the guarantee does not terminate. And after the legal successor (heir of the deceased debtor) is identified, the guarantor will continue to be liable under the agreement, but for another person.
- If the guarantee agreement does not contain a clause stating that the guarantor agrees to be responsible for the new debtor, then after the debt is transferred to another person (the heir of the deceased debtor), the guarantee is terminated.
If the debtor dies, this does not affect the term of the guarantee. It is valid for as long as specified in the agreement or a year after the end of the loan agreement.
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Statute of limitations on credit card
For a credit card, just like for a loan, the statute of limitations is three years. Bank agreements for the provision of a credit card usually do not contain a payment schedule. However, the terms of the agreement stipulate that the debt must be repaid in parts.
For example, the following wording: “the borrower is obliged to repay at least 10% of the used credit limit monthly no later than such and such a date.”
If the next payment is not made, the bank learns about it (it becomes aware of the violated right), and accordingly, the statute of limitations begins to run from the date of delay.
The limitation period may be interrupted
The limitation period may be interrupted and the three years will have to be counted again - in this case the bank will have an advantage. This will happen if you:
- write an application for a loan extension or deferment of payments;
- sign a restructuring agreement - a revision of the terms of the loan agreement, in which payments become smaller and the term is longer;
- received a claim from the bank demanding repayment of the debt and wrote a response that they did not agree with the debt;
- and other actions that indicate agreement with the duty.
Attention! If you do not want the bank to be able to sue after the statute of limitations has expired, do not sign any documents acknowledging the debt.
These issues are explained in detail by the Supreme Court in Resolution of the Plenum of September 29, 2009 No. 43 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period.”
There is an opinion: if you deposit any amount to pay off the debt, this will be regarded by the bank as the debtor’s consent to the debt and the statute of limitations will be interrupted.
However, the Resolution of the Plenum states that if the borrower contributed only part of the money, this does not mean that he recognized the debt as a whole, and therefore does not interrupt the statute of limitations for the remaining payments.
In practice, there are cases when the deadline has passed, but the bank still goes to court, what to do in this case?
Underwater rocks
Citizens may face various problems, including:
- The court makes a decision in absentia in the absence of the defendant at the court hearing. If a citizen was unable to appear for a good reason and does not agree with the official’s decision, then he can appeal it within five days after receiving the document. In the application, the defendant must indicate the reason for failure to appear and document it. The court will reconsider the case if it considers the grounds to be valid.
- It will be difficult for a citizen without legal knowledge to draw up a counter-statement. To prevent the judge from rejecting the claim, it is recommended to contact specialists.
- Preparing to speak in court requires a lot of time and effort. The defendant must prove why some or all of the plaintiff's claims are unfounded.
The statute of limitations has passed, will the bank write off the debt?
Firstly , you should not hope that the bank will miss the deadline and the loan will burn out.
Secondly , the bank can sue you even after the statute of limitations expires. Moreover, the court can satisfy the creditor's request and describe your property. But you can avoid this if you behave correctly. How exactly? We described this in detail below in the section “What to do if three years have passed and the bank has filed a lawsuit”
Thirdly , if the bank does not go to court, it transfers the right of claim (this is called an assignment agreement) to collectors. And they will begin to zealously “knock” debts out of you, call your work, call your relatives, play all sorts of dirty tricks, threaten and blackmail. There are still cases where collectors sealed the doors of debtors with glue, painted the walls of the entrance, beat debtors and tortured them like business racketeers in the 90s.
Fortunately, on January 1, 2021, the law on the protection of the rights of citizens of the Russian Federation from unscrupulous collection agencies and microfinance organizations came into force, which is designed to protect debtors from such actions. However, collectors still have instruments of moral pressure.
If you are experiencing difficulties with debt collectors, we recommend reading our materials on how to deal with them correctly:
- Who are debt collectors, what rights do they have and how can you force them to behave within the law?
- What to do if you are threatened by debt collectors
- What to do if debt collectors come home
- Collectors are calling about someone else's loan - what to do and where to complain
- How to write a police report against debt collectors
- How to write a statement to the prosecutor's office against debt collectors
What to do if three years have passed and the bank has filed a lawsuit
By law, a bank can file a lawsuit even after the statute of limitations has expired. Therefore, do not be surprised if after the expiration of the three-year period you receive a summons.
The fact is that judges themselves do not check the limitation periods until the defendant declares this (Article 199 of the Civil Code of the Russian Federation). It is your responsibility to defend your interests.
All you need to do is tell the judge during the trial that you are asking to apply Art. 199 Civil Code (Application of limitation periods). After such a statement, the court will deny the bank’s claim, and you can breathe easy.
After the court rejects the bank's claim, the bank will not write off the money, even if you receive a salary on the card in this bank, and will not take the property that you left as collateral for this loan.
You can declare the expiration of the statute of limitations not only during the trial, but also in other ways:
- write a written statement (petition) and give it in court;
- send the petition to the court by registered mail with acknowledgment of delivery;
- submit the application to the court office.
If you submit through the office, it is better to write in two copies, on one of which the court office employee must mark receipt. .
Statement of claim against the bank
Correct and competent preparation of a legal claim.
If a conflict situation arises with banking institutions or collection companies, the court is sometimes the only body through which justice can be restored. The following terms of the loan agreement can be challenged in court:
- If there is an illegal commission
- If there is a case of illegal insurance
- Contractual jurisdiction
- Challenging the priority according to which the debt should be repaid
- Recovery of illegally written off financial assets
- Various other reasons
If any such situation arises, the court will provide assistance.
A statement of claim to a bank has its own special, specific legislative form. However, there is no special design or program for writing it. If you deviate from this form, problems may arise with the acceptance of the statement of claim for production. The basic requirements for the statement of claim and the documents attached to it are described in Articles 131 and 132 of the Civil Procedure Code of the Russian Federation.
The statement of claim is submitted in writing. There are two options for how this is done.
Option one is to apply in person. The filing of the statement of claim takes place in the expedition of the court. Its receipt is recorded in a special journal. An additional copy of the statement of claim is also required - a court employee must make a note on it, indicating the date when your application was filed - and its entry number.
Option two is to send the statement of claim by mail - as a registered letter with acknowledgment of receipt.
To maximize the effect, it is worth dividing the statement of claim into several parts:
The introductory part includes:
- name of the court to which the application is submitted;
- name of the plaintiff, his permanent residence. If the plaintiff is an organization - its location, the name of the representative and his address, if the application was submitted by a representative;
- the name of the defendant, if the defendant is an organization, as well as all its details.
- the price of the statement of claim, if it has been assessed, as well as the calculation of the amounts recovered or disputed (this is the amount that must be recovered); if your claim is non-property - for example, you demand that the contract be declared invalid, then the cost of the claim may not be present, that is, the claim may not be assessed.
When filing a claim against a banking institution or collection agency, there is generally no state fee to pay, since it is a consumer protection claim (which, according to tax law, is not subject to state fees). If your requirements do not relate to the protection of consumer rights, then it is possible to calculate the state duty using this service or: https://www.mos-gorsud.ru/calculator/.
Factual part
This part requires a competent, clear and consistent presentation of all facts and information on paper. Using logical laws and principles of rationality, avoid repetition. The presentation of facts should occur in chronological order. The title is short and precise, the text is literate and coherent. Eliminate colloquial phrases and use a formal presentation style. Eliminate unfounded statements, rely on evidence and legislative references.
The point should be stated calmly; there is no need for unnecessary emotions. You should take a neutral position, there is no need to curry favor with the judge and insult the defendant. Eliminate errors and typos. It is necessary to indicate the time of concluding the loan agreement, as well as the time of the violated rights, the specific time of violation of your rights, and your actions to independently restore them. It is always necessary to indicate when the events occurred, as well as the numbers of documents (agreements).
The text of the application must contain a description of exactly how your rights were violated, as well as the circumstances to which you have references, evidence confirming your claims (all this is contained in paragraph 3 and paragraph 4 of part 2 of article 131 of the Code of Civil Procedure RF). As Article 55 of the Code of Civil Procedure states, evidence in a case is information about facts obtained in the manner prescribed by law. On their basis, the court determines whether there were or were not circumstances that played a role in the correct consideration and resolution of the case.
In other words, evidence is information that proves the plaintiff is right.
Do not be afraid to cite various documents and explanations of other persons as evidence of your own claims. It is necessary to list the following types of information from the plaintiff, if any:
- Types of written and material evidence (types of extracts, contracts, receipts, as well as any items, and so on).
- Types of audio and video recordings.
- Expert opinions.
In this case, evidence must be obtained legally, otherwise it will not have legal force.
Next, you should outline the legal norms that support your position. However, if you do not have a legal education, this will be difficult to do.
Petition and application.
This part should clearly formulate your own requirements for the court. It is necessary to indicate what the plaintiff needs from the court, for example: a demand to recover a sum of money from the defendant, to declare the agreement invalid, to recognize any clauses of the agreement as invalid, to terminate a previously concluded agreement. These actions are provided for by the legal norms by which the plaintiff substantiates his claims against the defendant.
The claims that logically follow from the motivational part are listed. There is also an appendix (a list of documents attached to the application).
In addition to the statement of claim itself, the court must submit a number of documents, including your own evidence.
Article 132 of the Code of Civil Procedure of the Russian Federation establishes a list of such documents:
- copies of the statement of claim in accordance with the number of defendants and third parties;
- a document certifying payment of the state fee;
- power of attorney or other document that confirms the authority of the plaintiff’s representative;
- documents that certify the circumstances on which the plaintiff bases his claims, copies of these documents for defendants and third parties, if they do not have copies (meaning evidence in the case). It is necessary to provide a copy of your loan agreement, all documents received by you from a banking organization or from a collection company.
- evidence that confirms the implementation of the mandatory pre-trial procedure for resolving a dispute, if such a procedure is provided for by federal laws or an agreement.
- calculation of the amount of money collected or disputed. It must be signed by the plaintiff himself, his representative, and there must be copies in accordance with the number of defendants and third parties.
- It is also worth noting that at the end of the statement of claim there must be a signature of the plaintiff or his representative (in this case the statement of claim must be accompanied by a power of attorney). There must also be a date of signing.
When sending a statement of claim by mail, the date of signing is not particularly important.
If the filing of the statement of claim is carried out through the court office, then the date of signing the statement must be the same as the date of filing. The judge may not accept the statement of claim if it does not contain a signature (Part 4, Article 131 of the Code of Civil Procedure of the Russian Federation). It can also be left without movement (Article 136 of the Code of Civil Procedure of the Russian Federation), so you must draw up and fill out the statement of claim carefully). The statement of claim must be presented in such a way that it can be read as simply as possible. To do this, you need to highlight the most important parts of the statement: you can use bold, underlining or capital letters. At the same time, the main thing is not to overdo it - a huge number or excessive selection of text fragments spoils its perception.
If you think that you do not have the legal knowledge to write a complaint or correctly formulate a statement of claim, you should use the help of a qualified lawyer. For a reasonable price, he will write you a statement of claim, complying with all the rules and current legislation. If the application is drawn up by a competent lawyer, your application will definitely be noticed by the right authority.
Petition to the court to cancel the penalty
The borrower writes a petition under Article 333 of the Civil Code of the Russian Federation (to reduce or cancel the penalty). How this can be done:
- The bank client appears in the office of the magistrate's court at his place of residence.
- They take a claim form.
- The form is filled out.
- The reasons indicate disagreement with interest, penalties and fines. The possibility of paying accrued interest is also mentioned. In this case, the borrower must justify the reasons for the delay. For example: illness - a certificate from a medical institution, dismissal - a work book.
Advantages : the amount of the debt is fixed, the debtor simply pays the debt through the FSSP service.
Disadvantages: the banking institution may not be satisfied with such a formulation of the issue and, most likely, the debt will be sold to a collection agency. Or the court decision will be challenged.
Overall: this method is suitable as a last resort for those who can no longer pay the loan or who have force majeure circumstances.
An important point: today, Article 333 of the Civil Code of the Russian Federation is not used without bank consent to terminate the contract.
Statement of claim against the bank in connection with the commission for opening and maintaining an account
This commission is very often imposed by banks when concluding mortgage agreements. The amount can reach 50 thousand rubles.
Such a commission speaks about the obligations of the banking institution to the Central Bank, but not the client and the banking institution. In other words, the bank must pay this 40-50 thousand to the Bank of Russia on its own, and it “hangs” this amount on the client, thus compensating his costs.
In other words, according to Article 168 of the Civil Code of the Russian Federation, this commission is invalid and can be easily challenged in court.
Total: if the client disagrees with the accrued commission, he must file a lawsuit. In most cases, the court will side with the borrower.
This issue may also be considered by the Central Bank for failure to provide reliable information on the credit value.
Statement of claim against the bank in connection with the loan servicing fee
Based on the provisions of paragraph 1 of Article 819 of the Civil Code of the Russian Federation, the banking agreement does not imply a commission for maintaining and servicing the loan, and the borrower is obliged to pay for these actions.
Accordingly, if the client is obliged to pay a commission, this contradicts paragraph 1 of Art. 779, paragraph 1 of Art. 819 of the Civil Code of the Russian Federation, Article 37 of the Law of the Russian Federation “On the Protection of Consumer Rights”.
Total: these commissions are included in the contract, the purpose is to increase the cost of the loan, they are illegal. If the borrower disagrees with them, it is necessary to challenge them in accordance with Art. 180 Civil Code of the Russian Federation.
Statement of claim against the bank in connection with moral compensation
The client has the right to file a claim against the bank, as well as to demand compensation in accordance with the 15th Law (on the protection of consumer rights).
Naturally, the borrower must understand that the Russian judicial system is very reluctant to consider such claims. And the fact that the bank client will win in court in this case is a big question. But as they say, water does not flow under a lying stone.
Grand total
A fight with banks is possible, since this is your own money, which is quite difficult to obtain. Banks try to squeeze the maximum out of the borrower at any cost. Do not close your eyes to this and remember: A transaction is considered legal until it is challenged by one of the parties. First of all, banks take advantage of this.
With what debt will they not be allowed to go abroad?
If the amount of debt in the writ of execution is 30 thousand rubles (from October 1, 2021, previously - 10 thousand rubles) or more, then keep in mind that most likely you will not be able to vacation abroad, since the bailiff imposes a restriction on departure from the Russian Federation - sends a corresponding decision to the Border Control Department.
This resolution is valid for six months. If the debt is not paid within this time, the bailiff will issue a new order.
But even if the amount of the debt is less than 30 thousand rubles, but more than 10 thousand, then after the writ of execution is received by the bailiff service, the debtor is given 5 days to voluntarily pay the debt. If after these 5 days plus two months the debtor does not pay the debt, then the bailiff also has the right to restrict travel abroad. Moreover, the amount can consist of different writs of execution. That is, in this case, to restrict departure, an amount that exceeds only 10 thousand rubles is sufficient.
How to repay debt through the FSSP
The Federal Bailiff Service does not have the right to act if the writ of execution has not been handed over to the bailiffs, and the decision to initiate enforcement proceedings has not yet been issued. After it is issued, a copy must be sent to the borrower by letter - he must know what is happening with his case. An individual has five days, and during this period he has the right to agree on a debt payment schedule. Moreover, even during the trial, you can apply for a deferment or installment plan. In the first case, collection can be delayed for several months, but there must be grounds for this: maternity leave, illness and other circumstances. In the second, the borrower has the right to offer an individual payment schedule that is convenient for him. The judge will accept the application for installments if the schedule is realistic. If it was not possible to agree on payments, the bailiffs begin to handle the collection, but such a development of events can be prevented.
Is it legal to transfer debt to collectors?
Please note that the expiration of the statute of limitations does not prevent the bank from selling the debt to collectors. Moreover, this is common practice. Of course, banks, as a rule, do not wait until three years have passed, but get rid of problem assets earlier.
There is a lot of conflicting information on the Internet that transferring debt to debt collectors is illegal. Allegedly, this is a violation of bank secrecy and the law on personal data.
Let's figure it out.
It all depends on the terms of the documents that you signed at the time of receiving the loan: the loan agreement and consent to the processing of personal data and on the date of receipt of the loan.
If you took out a loan before July 1, 2014, then the loan agreement and consent to the processing of personal data must stipulate that the borrower is not against transferring data to third parties. Then the bank can transfer the debt to collectors according to the law.
On July 1, 2014, a law came into force according to which the bank can transfer debt to third parties, even if this is not specified in the agreement. It is enough that the contract does not directly prohibit such actions (Article 12 of the Federal Law “On Consumer Credit (Loan)).”
If you find that the debt was transferred to collectors illegally, complain to Roskomnadzor. To file a complaint:
- Go to the Roskomnadzor website using the link.
- Select the subject of your request – “Processing of personal data”.
Screenshot 1
- A form will open for you to fill out - fill it in with the requested data (full name, subject of application, email, place of residence).
Screenshot 2
- Describe the situation – briefly, concisely, to the point, without emotion.
- Attach supporting documents: loan agreement, written demands from collectors or recordings of telephone conversations.
- Enter the security code, click the send button.
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Speaking in court
If you received a summons for a preliminary hearing, you will most likely only need to file an objection to the statement of claim and receive a summons for the main court hearing.
At the main court hearing, you are required to be active. Court is an adversarial process. The plaintiff and defendant present their evidence, refute the evidence of the other party and present arguments.
In accordance with Art. 56 of the Code of Civil Procedure, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law. The party that brings more evidence and arguments in its favor wins.
In what cases can a debt not be paid by law?
There are no legal reasons why you can simply take out a loan and not pay it off. It is better not to trust companies that promise to help you cancel your loan. But there are cases when the law is on the side of the debtor:
- the statute of limitations on the loan has expired, and the court rejected the bank’s claim due to the expiration of the term;
- the bank wrote off the debt as bad: in practice, such cases are extremely rare - it is easier for the bank to sell the problem asset, especially since the law does not oblige banks to write off debts;
- a written agreement was concluded with the bank, where the debtor agreed to pay part of the debt, and the bank agreed to write off the rest;
- if an insurance contract was concluded and an insured event occurred, for which the insurance contract provides for the condition that the balance of the debt is paid by the insurance company.
Example: The insurance contract states that if the debtor becomes disabled, the loan balance is covered by insurance. In order for the insurance company to pay the balance of the debt for you, you need to send it a notice of the occurrence of an insured event. In response to the notification, the insurance company will provide a list of documents and further actions.
Why is it unprofitable for banks to take the case to court?
Most often, it is not profitable for banks to go to court and demand money from the borrower in this way. The bank's lawyers have to prepare and file a claim, convincing the judge that the client must return the money. For the bank, this is a waste of time and money, so it is easier to agree with the client on repaying the debt peacefully.
When submitting documents to the court, the bank is forced to pay extra to the lawyer and pay a state fee. When a case goes to court, the bank wins 90% of cases, and the borrower wins 10% of cases. And the bank does not want to enter this 10% and lose everything, so it tries in every way to convince the debtor to pay the fee. The management of any bank does not want to be among the banks that have many debtors. This damages the reputation.
Read the article “What responsibility does the guarantor bear if the loan debt is not paid?”
Answers to frequently asked questions:
A year ago, the debt was transferred to collectors; how is the statute of limitations calculated in this case?
Answer: Transferring the debt to collectors does not affect the limitation period.
How is the statute of limitations calculated for late loans?
Answer: for each late payment, the limitation period is calculated separately.
Consumer loan debt from nine years ago. Should I give it away?
Answer: Only if a decision is received in favor of the bank to collect the debt from you, and you will not be able to appeal it. In other cases, the decision is yours.
The statute of limitations on your loan is running out and collectors are starting to bother you? What to do?
Answer: Offer to meet in court. If the statute of limitations has passed, then declare this in court, and according to the law, no one will demand anything from you.
How do banks deal with debtors?
Banks choose a different tactic to deal with debtors and act this way.
- After the delay, they call the debtor within a month and find out the reason for non-payment of the debt.
- They transfer the case to the internal security service to collect the debt.
- If this does not help, they sell the debt to collectors.
- They go to court as a last resort, when the borrower does not want to return the money or pay at least in parts.
Remember, if you haven’t paid your loan for a month and no one has called you, you shouldn’t be happy. For each day of delay, a penalty is charged, so after 2-3 months you may receive a summons to court.