Lending is a relatively new form of financial relations for our compatriots. After all, before the collapse of the Soviet Union, bank lending did not exist in principle.

During the credit rush of the 2000s, every second Russian took out at least one loan, and every fifth managed to enter into loan agreements with several banks!

At that time, few people thought seriously about the consequences of such an important step in life. And now, after several years, many of us have outstanding loans and … issues related to this unfortunate event legally.

So, I will try to answer the most popular questions that directly or indirectly relate to an outstanding loan and what awaits you if you and you do not take any steps to improve the situation.

Are the borrower's immediate relatives liable with their property for his loan obligations?

Let’s say a son took out a loan for himself and he owns part of a shared apartment on an equal basis with his parents. If it has not been formalized, in the case of an outstanding and overdue loan, the court will almost certainly rule on the sale of the son’s share in the apartment and repayment of the loan from the proceeds.

The situation looks even worse if the apartment served as collateral for the loan - if there is a delay, it is sold entirely. In the latter option, it was impossible to conclude a loan agreement without the consent of the parents. So, in the worst case scenario, the whole family will have to pay off their son’s loan...

Let's consider another situation.

My son took out a loan without owning a home. If he doesn’t pay the loan, his parents’ apartment is out of danger. The debtor is liable for the loan only with his PERSONAL property.

It is for this reason that, at the first alarming symptoms (threat of dismissal, likelihood of serious and expensive treatment), try to transfer all your property to your closest relatives. Thus, it will be removed from the “fire” of the bailiffs when it comes to inventorying the property for the purpose of confiscation.

True, if the same parents, for example, acted as co-borrowers or guarantors on their son’s loan, their property is also subject to confiscation, because they are direct participants in the loan transaction.

By the way, there is another scenario when the property of the borrower and his wife is considered. So, bailiffs have every right to claim the common property of spouses acquired after marriage and subject to division.

Does the outstanding loan pass to his wife after the death of the debtor?

Again, the answer to this question depends on many nuances.

For example, was the borrower's life insured? Some banks oblige you to do this “voluntarily-compulsorily”, others do not mention this possibility at all.

If insurance has been taken out, the death of the borrower automatically pays off his debt to the bank through insurance payments. If not, the bank claims the inheritance of the deceased.

In other words, if a wife inherits her husband’s property, along with the property she receives “as a burden” all his debts, which she is obliged to pay off.

If the debtor’s apartment was registered as collateral, then receiving it as an inheritance after the death of her husband, the widow automatically finds herself in the debtor’s place: the debt collection procedure receives a “second wind.” Now the wife will be faced with a choice: pay the overdue debt of the deceased, or part with the apartment.

The future spouse has an outstanding loan from the bank. How will this affect me after marriage?

No way! A loan issued before marriage “hangs” on a specific borrower and the future “other half” does not bear any obligations on it.

It’s another matter if, having learned about the borrower’s marriage, the bank forces the wife or husband to become a guarantor or co-borrower, so to speak, “retroactively.” But, by the way, you are not obligated to do this at all!

What happens to an outstanding consumer loan if you have to serve in the military?

In 98% of cases, the bank will strongly “ask” to repay such a loan ahead of schedule or transfer it to one of the immediate relatives.

Will I be allowed to travel abroad if I have an outstanding loan?

Travel abroad can only be restricted by a court decision. In other words, when your loan is not only overdue, but has also reached the stage of consideration in court. Until this critical moment, no one has the right to restrict your movements both within the country and abroad.

You can cross the border even with an “active” mortgage, not to mention “little things” like a consumer loan.

One of the banks has an outstanding and already overdue loan. Bank employees hung my photograph near the entrance to the entrance with the caption: “Debtor, return the money!” Are such actions legal?

According to the law, the bank has the right to various means of securing the issued loan: a guarantee (very useful material about), deposit, pledge of property, penalty, attraction of co-borrowers.

The above actions, of course, do not fall into the category of legal - these are either amateur actions of one of the bank’s managers, or typical methods of psychological influence of a collection agency.

In accordance with current legislation, public disclosure of an image of a Russian citizen must be carried out only with his consent. So, theoretically, you can even sue the bank or debt collectors.

True, without the help of a competent lawyer, it is almost impossible to win such a trial.

My husband and I have been living separately for a long time, but we have not formalized a divorce. If he now takes out a bank loan and does not repay it, will I be legally obligated to repay it for him?

No, if you can prove in court that at the time they took out the loan you did not live together, did not run a joint household and you did not have a common budget.

But it’s still better to formalize the divorce as soon as possible. Then, for sure, no one will cling to you anymore - neither banks, nor debt collectors.

An acquaintance from a photocopy of my passport issued several consumer loans in cash from different banks. Now I get calls from both bank employees and debt collectors demanding payments.

Can my privatized apartment be taken away from me to pay for someone else’s overdue debt registered in my name?

You cannot bear any responsibility for other people's loans! Moreover, you must answer for them with your property.

Therefore: explain the situation to bank employees ONCE, and it is better not to contact collectors at all. If they bother you too much with personal visits, contact the police to report harassment.

When the case comes to court (if it comes), it will only be enough to conduct an examination of the signatures to prove that you have nothing to do with this loan.

Today, such cases in court are resolved quite quickly and almost always in favor of the “fake” debtor.

And most importantly, don’t even think about paying off even a small part of someone else’s debt! Of course, your nerves will be shaken considerably, but the only authority that can put a “fat” end in this matter is the court.

My ex-husband asked me to get a loan for myself, since at that time I was receiving a good official salary, and he was just opening his own private enterprise.

Naturally, he had to repay the loan, not me. The agreement between us was oral; we did not issue notarial receipts or pledges.

A year later, my ex announced that he was having financial difficulties, and now I get calls from the bank every day with reminders about the overdue payment. Am I obligated to pay off someone else's loan?

I want to dwell on this point in more detail. It seemed to me that this or a similar situation had been “sucked up” so many times on the Internet, magazines, newspapers and television programs that it was simply unrealistic to get into it again!

But my banking experience shows that our compatriots learn only from their sad experience...

What about my clients! In just one month, TWO of my friends stepped on the same rake!

One took out the loan of another fan, who disappeared from the horizon after a couple of weeks.

The second lent a large sum of money to a neighbor on the site on the eve of her own purchase of a garage, for which she saved the money for a year. The neighbor, however, has not disappeared anywhere, but he still gives back the money he borrowed for “a couple of hours.” I had to urgently borrow from my parents for the garage, as a very good option turned up and at the time of the epic with the neighbor, a deposit had already been made!

How can you be so naive and gullible and risk your OWN money like that?!

It’s not difficult for me to repeat the common truth for the one hundred and twenty-first time: never take on other people’s loans!

Even if, quite by chance, this “stranger” turns out to be a decent person and makes regular payments, something could happen to him at any moment: the same dismissal, a child’s illness, an accident.

Now guess from whom the bank will demand repayment of the loan in this case?

Returning to the situation with the “ex” and the question asked, I will say that the girl found herself in an unenviable position.

The loan was issued to her, she voluntarily signed all bank documents and is now OBLIGED to pay the loan. This is 100% her debt to the bank - and according to the documents, the “ex” has nothing to do with this loan...

All claims of the bank, collectors, and bailiffs are absolutely justified and legal.

The only way to get something out of your “ex” is to take a receipt from him with an obligation to return a certain amount of money at least after some time and have this piece of paper certified by a notary...

Although practice shows that if a person avoids paying his own loan, issued in someone else’s name, he will have enough brains and the impudence to refuse to write such a receipt.

A few months after receiving the loan, an SMS message was received from the bank informing about an increase in the interest rate on the loan. How legal are such actions?

First, find your signed loan agreement and study it carefully. If it contains a clause that says something like: “The bank reserves the right to change the interest rate on the loan by notifying the borrower 14 days before such change,” then you will now have to pay the increased interest rate without complaint.

If there is no such clause in the agreement, you can try to write a written complaint to the bank and refer to the previously signed agreement and the gross violation of its terms by the bank.

Although the second situation is the exception rather than the rule. Now the bank employs very competent lawyers who carefully draft the texts of all contracts with clients, even providing for the situation of the “end of the world” and the “global flood” in them...

Why are the bailiffs taking half of my pension to pay off the loan? Aren't there other ways to solve this problem?

Just a good question about the court’s decision to collect debt on a loan.

Let's say you are a borrower-debtor, and the court makes a decision in favor of the bank and not you. Keep in mind that the bailiffs themselves choose the method in which this collection will be carried out: by deductions from wages or by taking an inventory of property.

What kind of property is also chosen by the bailiffs, not the court.

Marina Dunaeva,

personal lending specialist

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Dear Vera Alekseevna!

Your son cannot be registered in your apartment, since in the Russian Federation there is no REGISTRATION in residential premises, just like REGISTRATION for 20 years already.

Since 1993, the Law of the Russian Federation of June 26, 1993 No. 5242-1 “On the right of citizens to freedom of movement, choice of place of stay and residence within the Russian Federation” was introduced to the place of “registration” that existed at that time throughout Russia for citizens of the Russian Federation registration (registration) in residential premises at the place of their residence (permanent registration) and at the place of their stay (temporary registration from 1 month to 5 years).

What can Banks do in this situation?

See below the usual practice of Banks in collecting loan debts from borrowers and guarantors.

The actions of any Bank in this situation are ordinary, through which hundreds of thousands, if not millions of those citizens go through who took out loans, but could not or did not want to return them for various reasons, this also applies to guarantors.

a) First, Bank employees persuade the borrower to pay the loan and interest voluntarily, scare them with collectors, assignment of claims, the court, incl. and a criminal case.

b) Then they can transfer this case to a collection company, then the debtor will begin to have nightmare days, and maybe even nights, incl. from his relatives with whom he lives.

c) If the loan is no more than 200,000 rubles, then the Bank will not rush to go to court, since it is not profitable for it, interest, incl. higher rates are charged to any borrower.

d) And after a couple of years, the Bank will go to court to collect the loan, interest on it and increased interest (penalties).

The bank can sell this debt (assign the right of claim to the borrower) to some collection company, which has a RICH experience in “knocking out” debts even from large organizations... But banks cannot always do this. This issue needs to be dealt with separately.

If the loan is, for example, 200,000 rubles, then after 2 years the borrower’s debt to the Bank will be 3-4 times larger, although this depends on the amount of interest and the amount of increased interest and penalties.

e) After collecting the loan debt with interest in court, a bailiff will become involved in this case, and this is:

Seizures of the debtor's property;

Seizures on the borrower’s bank accounts and others, seizures of property, ban on travel outside the Russian Federation, etc.

- collection of the enforcement fee from the debtor by the bailiff, which is 7% of the amount of the debt, from the same 300,000 rubles. 7% will amount to 21,000 rubles, which bailiffs are trying to actively collect from debtors, because They are paid SSP bonuses from these amounts.

If a bailiff seizes property that does not belong to the debtor, then the owner of this property has the right to apply to the Court to remove the seizure from his property.

But legal proceedings with the Bank are not a bad option for the borrower and (or) guarantor, because Only in court is it possible to sort out your debt and, with the help of a lawyer, at least reduce the amount of claims in the form of increased interest (penalties).

And the most important thing. If the borrower has received a copy of the claim or a copy of the Court Order from the Court, then he will URGENTLY need legal assistance, with which lawyers from this site can help him by agreement.

If collectors bother you, it is also better to contact a lawyer for more detailed advice and advice on what and how to do in this case.

Bankers know how to lend their money for a while, and take someone else's money for themselves forever and in a larger amount. That's why they are Bankers.

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For some reason, you are a priori determined that the stepfather’s goal is to crush the boy and control his life in everything. And that he does NOT love the teenager. You perceive the situation as fundamentally different from the one where your own father would have expressed exactly the same demands. Simply because this person is NOT related to the child by blood. But this, as a rule, is not important at all, she is no different! At least, I repeat, I didn’t see this from the post. I didn’t see that my stepfather was domineering in life and demanded unquestioning obedience. I didn’t see that he didn’t love the child. And, as it seemed to me, the author does not see a problem with THIS - after all, even the fact that her husband is not the child’s natural father was stated not in the original post, but already in some answers. Perhaps the author can clarify something? And I didn’t even see that it was the husband who once insisted that he and his wife put money into the common fund. It's customary in their family. Whether this was made by the husband or, conversely, by the wife, or whether this was their joint decision, and who controls the distribution of money is unclear. It is only declared that “from there we each spend according to our needs,” and this does not mean, “and from there the husband gives out to whomever he sees fit,” right?
Moreover, it seems to me that the desire of a stepfather to infringe upon and subjugate his wife’s adult son is rare. If he is indifferent to the child, then it is even more convenient for him to isolate him “outside” and not pay attention to his existence. Well, sometimes someone walks by here, well, sometimes they take the bath - it’s annoying, but okay. If he perceives the boy as one of his own (and I assure you, this happens very often - after all, the main thing for a person is not genes, but habits, worldview, a sense of “the correctness of actions”, and all this was formed in a teenager with the direct participation of his stepfather, if , of course, it did not appear in the life of the family yesterday!).

“It’s not a stepfather’s place to raise his son over his wife’s head” - this is the position of the situation when the stepfather is a STRANGER to the child.
But this, firstly, is not always the case, and when a family was not formed yesterday, and its members have managed to become close to each other and family, the stepfather can easily communicate with the child, even without his mother, and this is completely normal. That's how it should be! What does it mean to “educate”? Our whole life is education. Or are they only allowed to talk about football, and about their coexistence - this is to their mother, is this only through her? Yes, mom sometimes resolves difficult and conflict situations - by the way. often happens in families with a natural father. But this does not mean at all that not a single problem can be solved without it.
And secondly, it is not a fact that in this situation the stepfather “insists” on observing the rules for distributing money directly to the teenager, and does not discuss this with his mother (his wife). 01.09.2008 10:50:17, Anykey