When taking loans, most people expect to pay their debts on time. But situations in life are very different, and the client does not always repay the debt on time.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

In this case, the bank is forced to resort to forced collection. If the actions of employees do not lead to proper results, then credit organisation will have to take it to court.

What amount

In the event that a client stops paying on loans to banks, there is often no choice but to go to court with a demand enforcement debt. By and large, the amount of debt for filing an application to the court is unimportant.

It should be understood that the courts are always associated with a huge investment of time. Of course, most banks have a legal service that will deal with a problem client. But each specialist needs to be paid a salary, and winning a court case by a borrower is not uncommon today.

Often, credit organizations with a small loan amount prefer not to contact the courts. They would rather pass the problem borrower's case to collectors or their own security service. Such companies include, for example, UBRIR and SKB banks.

Even large banks rarely go to court if the loan amount does not exceed 50-100 thousand rubles. The logic here is simple. Fines and penalties on the loan simply may not cover the cost of litigation.

Some banks can sue even with a much smaller debt of several thousand rubles. Such organizations include, for example, OTP Bank, which is ready to sue even with a debt of 10 thousand rubles.

For large loans, the courts are not uncommon.

Consider when a bank sues a loan debtor most often:

• mortgage;
• car loan:
• long-term loans for large amounts.

After receiving a court decision, banks in this case begin enforcement proceedings. If the loan was issued with a pledge, then it will be seized by bailiffs and subsequently transferred for sale at auction.

Which banks go to court?

Legislation allows you to sue debtors who overdue payments to absolutely any bank. But in practice, courts are resorted to mainly by large credit organizations that value their own reputation.

Large banks do not need to contact collection agencies, because financial institutions themselves may suffer from the actions of unscrupulous firms. Such major players as Alfa Bank have enough of their own resources to work with problem borrowers, including the preparation of documents for the court.

It is possible that the clients of a bankrupt bank are transferred to another credit institution or are forced to pay the debt directly to the Deposit Insurance Agency. Many clients who applied for loans and cards of Svyaznoy Bank, who lost their license, faced such a case.

Here is a list of banks that most often apply to the courts:

• Sberbank;
• Gazprombank;
• Eastern Bank;
• Raiffeisenbank;

It should be understood that the larger the amount of debts, the more likely it is to get a subpoena in case of delays. The presence of collateral can also push the bank to file a claim.

Important! Withdrawal of collateral from the client is an extreme measure in the presence of security. Most banks are unprofitable to engage in the sale of property. Therefore, some financial institutions, such as MTS Bank, specialize only in relatively small unsecured loans.

Deadlines when the bank sues the debtor on the loan

Russian law allows you to go to court the very next day after the delay on the loan. In practice, banks act somewhat differently. They are completely unprofitable trips to the courts. Therefore, at the first stage, a security service will work with a problem borrower.

big banks try to work strictly within the law and do not exert undue pressure on debtors. But small financial companies, on the contrary, begin to intimidate a borrower who finds himself in a difficult situation.

Typically, security officers work with a problem client for 1-2 months. According to the results of their work, if the debt is still not repaid, often the client's documents are transferred to collection agencies, which are already working harder with him, receiving a certain remuneration from the bank. Usually this stage lasts another 4-5 months.

At the end of six months, if the debtor still does not start paying, then the bank decides whether to sue or simply suspend the debt, and then write it off after a few years.

Which banks transfer debts to collectors?

Alas, but Russian market there are a huge number of banks that do not differ in cleanliness. Often such financial institutions impose obviously unfavorable conditions, various commissions and insurances on borrowers.

Unscrupulous banks do not like to go to courts. After all, the borrower may be literate. In this case, all the costs of the court will fall on the shoulders of the bank, and possibly even compensate for the penalty. To protect their own interests, such credit organizations resort to the services of collectors.

Consider which banks most often use the services of collection agencies, instead of going to court:

• Russian standard;
• Tinkoff;
• Home Credit.

The actions of collectors are not always legal. Many of these companies resort to threats and pressure on the debtor and his relatives. In this case, do not be afraid, but you should contact law enforcement agencies.

There are, of course, collection agencies and from among those who work completely within the law. But these are rather exceptions.

Is there any reason

Very often, banks are not interested in starting litigation. There are quite logical explanations for this. It often turns out to be more profitable for borrowers to wait for the court and pay debts on a writ of execution than to repay them voluntarily.

Consider what threatens the litigation of the bank:

• spending time and money;
• the risk of being left with nothing;
• financial losses on interest and penalties;
• reputation damage.

Each appeal to the court requires quite serious work from the bank's lawyers, because the documents need to be prepared and sent. In the future, the case must be accompanied at each stage of the consideration. Often this entails significant costs for paying employees and state fees, and it is simply unprofitable for the bank to apply to the court.

In some cases, the bank may be completely without everything. According to statistics, about 10% of cases are won by borrowers. For the bank, this is not very good, because cash the financial institution is not going to lose at all. Interest and penalties will stop accruing as soon as the bank sends an application to the court. It also bears certain losses.

Even worse is the situation with reputation. The presence of a large number of defaulters negatively affects the reputation of the bank, and investors refuse to invest in it.

What to do

Borrowers who encounter problems in repaying a loan should not be afraid of the bank going to court. In practice, this is often quite beneficial for a client who finds himself in a difficult situation.

Consider what should be done by a borrower faced with statement of claim from bank:

• calm down;
• try to find a competent lawyer who will protect the interests of the borrower in court;
• prepare documents;
• obtain maximum information from the financial institution.

You should never worry too much. Going to court is just one of the options for the bank to protect its own interests. Going to court does not always bring problems for the client. But you don't have to deal with the system on your own. It is much better to find a lawyer who specializes in such proceedings.

A good lawyer will help with the preparation of the necessary documentation for the court. It is necessary to submit to the court not only an agreement with the bank, but also the maximum number of additional documents.

If the financial situation of the borrower has deteriorated, then it must be documented. This will allow you to refer to Art. 441 of the Civil Code of the Russian Federation and receive some privileges when paying off a debt. It is also worth attaching documents on attempts to restructure the debt.

How long are cases

- In addition, when developing the Insurance Program, the bank must take into account the restrictions established by law. A credit institution has the right to carry out activities to conduct operations and provide services only listed in federal law about banks and banking". The Bank is prohibited from engaging in production, trade and insurance activities. From the meaning of these norms, it follows that the possibility of organizing the participation of citizens in the insurance program by the bank and charging fees for organizing insurance is not provided by law.

Bank "OTP": online application for a loan! Is it beneficial?

The bank itself is part of an international financial group operating in Eastern and Central Europe. At the moment, the bank occupies 31st place in the list of the most profitable credit institutions, and its equity at the beginning of 2015 exceeded 31.5 billion rubles. The bank provides customer service through a wide network of its own branches, hospitably opening the doors to corporate and private clients.

RAA law

According to the terms of the agreement with the bank, the money should be credited to the bank account on the 10th, and I did just that. I sent the payment online to the bank in a couple of days and it arrived exactly on the 10th.

After that I decided to check and called free phone, where the operator told me that the money was received after lunch, but this does not count and now I will have a delay in payment to the bank. This is where it hit me, what the heck.

How to sue otp bank

For example, last year debtors were sent SMS-messages with demands to repay the loan”.

At the same time, the rate of collection of old debts is approximately equal to the rate at which new claims appear. Last year, HCFB sued 214 thousand borrowers, which is 18% more than in 2011.

Other banks specializing in consumer lending also note an upward trend in litigation with debtors, but specific figures are not disclosed.

Credit is simply brilliant

So, there is a writ of execution and you can always find out about its movement in the bailiff department at your place of residence, and not sit in the dark about the actions planned against you. And after 2 days I put money on one more of my cards, and this amount was also debited from it. Should they write a statement? The comrade obviously didn’t like it, they clarified the situation again under the pretext of “we decide to file with the court or collectors”, they said about the letter that the mail type does not work well and it can be lost (although I replied that these are already problems with the mail and the bank, I have receipt), offered to come to the legal department of the bank “we will discuss here, talk with the director of“ something ”, with a lawyer, etc.

Reviews and complaints

They promised to return the money. But when? Not only that, I need to choose another payment method and pay within the same day. And they themselves cannot transfer my payment. Why didn't they send the money back immediately? Why didn't you send an SMS that the payment actions were not correct? What kind of negligence? The payment indicates the number of the contract, surname and name and the beginning of the patronymic. Isn't that enough?

I repaid the loan in full ahead of schedule, wrote an application for full early repayment so that I can recalculate the interest! They told me the amount, I paid it off, but by calling hotline I was told that the recalculation was not made and I had a debt.

OTP Bank complaints – Fraud, insult

In this case, I asked to send me a copy of the loan agreement, to which the operator refused me in a rude manner. I stopped paying in August 2011. After that, they regularly called me from the bank, demanded to pay a fictitious debt, with every call they insulted me, they said that they would take away all my property. However, no one has such a right, except for the bailiff by court order, I myself work bailiff for five and a half years now.

Does the bank sue

En - Business NewsroomSacked Chairman Supreme Court Hungary was then so outraged by what was happening that he even filed a lawsuit in Strasbourg and won the process. His early dismissal was acknowledged. The scale of the compensation due to Hungarian borrowers can already be imagined at least by the fact that, for example, in the summer.

At what amount the bank sues. The basis for applying to the court by the creditor bank in respect of bad faith borrower not always and not necessarily the amount of the actual debt.

The position of the banks is quite logical: the institution wants to collect the debt and the rest of the loan amount by absolutely any means. It does not matter how much money the borrower owes: a few thousand or a couple of million. The bank is not at all interested in the costs of litigation, which may exceed the amount of debt, the main goal is to create a precedent so that other clients of the institution know that the credit institution does not leave anything unpunished. The second reason for the transfer of an overdue obligation to the court is that no credit institution has the right to simply write off losses associated with lending.

How does the bank collect credit debt, can they take property for debts?

This service may be referred to as the collection department. Now the bank will take up this process more thoroughly. Employees of specialized departments are usually representative men in jackets and ties. They have received special training and are often former employees law enforcement. In fact, these are the same collectors, only they work for the bank. Now calls can come more often, conversations will be tougher, but there will be no direct threats, because the collection service operates within the law and cannot apply anything to the debtor except persuasion.

Questions in the section Credit cards

I didn’t sign any agreement on the card, I just said passport details on the phone, came up with a PIN code and a code word. Can I sue the bank that they have unthinkable, extraterrestrial conditions on the loan! For all the time I paid, I told them I have already given about 60 thousand, took 42, and still owes 35 thousand today. Hello, Eugene. The situation is standard, banks cannot be trusted and hope for a chance. According to your question - of course, nothing can be changed.

When a bank sues for non-payment of a loan

Large banks (for example, Sberbank) go to court quite quickly - literally 3-5 months after the borrower stopped paying. Smaller banks, especially if they actively use collectors, go to court much more slowly - after six months, a year or even more. Here are a few examples typical of Moscow; for other regions, these data, of course, may not correspond to reality.

Why Banks Don't Sue Debtors

The amount of debt can be reduced, all fines and interest will be deducted, in addition, the debt repayment scheme can be revised to acceptable for him, but not acceptable for the bank. And yet, why don't banks sue debtors and what are the explanations for this? To begin with, any litigation is not cheap for the banks themselves, in addition, if the bank knows that there is nothing to take from the borrower, then there is no point in going to court.

Does the bank sue card debtors

A lot of borrowers have got into a similar story now. According to various estimates, the level of overdue debt on credit cards in domestic banks reaches from 10% to 30% of the total portfolio of these loans. Many credit cards have Grace period repayment, during which the minimum interest (0.1% or 0.01%) for the use of money is charged. After its completion, the usual credit rate(24-36% per annum).

What to do if the bank sued for non-repayment of the loan?

The easiest way for a bank to recover its funds is to collect through court order. As shows arbitrage practice, about 60% of all court proceedings upon collection credit debt happen just like that. financial institution submits a lawsuit to the justice of the peace, and he, even without a meeting, without a sufficient amount of materials on the case and, of course, without a thorough and in-depth analysis of all the circumstances, makes his decision.

Should I be afraid of a lawsuit with a bank?

If the borrower is contactable and he has an objective reason why he does not make payments for the loan, then many banks can offer him a loan restructuring service - changing the terms of payments on loan agreement acceptable to the borrower, taking into account its changed financial position. If the bank threatens to sue, it is not at all necessary that the bank will do just that. Litigation is unprofitable for the bank for several reasons: From the moment the case starts in court, the bank will be forced to suspend the accrual of fines for non-payment of monthly installments.

What can threaten the debtor with a court with a bank?

Some bank borrowers find themselves in a situation where, out of ignorance or unwillingness to understand difficult questions they cease to transfer mandatory loan payments to their account in the hope of correcting their financial situation as soon as possible or deliberately avoiding payments. If payments are not received for a long time, the bank not only charges the client fines, but may also resort to more radical methods - transfer the borrower's debt to a collection agency or even to court. Litigation with a bank is not an easy task, especially for those clients who purposefully received a loan in order to use the funds received and not pay for the loan. Let's try to figure out what to do if the bank went to court.

In what cases does the bank go to court

Whether the bank will sue depends not so much on the amount of existing debt, but on the period of no payments on the loan. As a rule, first of all, a bank employee works with such a debtor, who calls him and tries to convince him of the need to resume payments. If the borrower refuses to resume payments and does not provide any documents confirming his own financial insolvency, or completely avoids contact with the bank, then the bank has no choice but to resort to the help of a third party - a collection agency or court.

If the borrower is contactable and he has an objective reason why he does not make payments for the loan, then many banks can offer him a loan restructuring service - changing the terms of payments under the loan agreement to those acceptable to the borrower, taking into account his changed financial situation.

Why is it unprofitable for a bank to go to court

If the bank threatens to sue, it is not at all necessary that the bank will do just that. Litigation is disadvantageous for the bank for several reasons:

1. From the moment the case begins in court, the bank will be forced to suspend the accrual of fines for non-payment of monthly contributions. Therefore, as a rule, banks are not in a hurry to sue debtors, but wait until the amount of debt increases significantly and the problem debt department works with the client (an attempt will be made to convince the client to start paying).
2. Even if the court decides in favor of the bank (which happens in about 90% of court cases), the borrower's payments are made on the basis of the court writ of execution, which provides for the division of the amount of debt into a large number of payments that the debtor can currently pay.
3. Quite often, the court makes a decision in favor of the bank, but obliges the borrower to pay only the amount of the principal debt, without accrued fines and penalties.
4. Litigation means for the bank the costs of the work of a lawyer. If the bank focuses on the return of debts on loans through the court, and not through collection agency, then forced to maintain his own legal service.

Thus, you can see that going to court means a serious investment of time and resources by bank employees (after all, the bank’s lawyer will handle the case), so far from all banks bring the case to court, but only those that have an established legal service and enough summary resources.

Which banks are suing? Bank of Moscow, Sberbank, Gazprombank, Alfa-Bank, VTB 24, Raiffeisenbank, Home Credit Bank.

Banks that focus primarily on retail lending and have a strong service for dealing with bad debts or actively cooperating with collection agencies are trying not to sue.

Which banks avoid litigation: Russian Standard, OTP Bank, Tinkoff Bank.

How to win a lawsuit with a bank - rules of conduct

If the bank went to court, then the borrower has to choose one of the behavior models:

1. Refuse to participate in court - this option is not recommended under any circumstances, as by doing so the borrower demonstrates his unwillingness to compromise with the bank and fulfill his obligations. Naturally, the court takes this position into account when deciding on the case.
2. Prepare for a lawsuit with the bank and try to minimize the amount of payments and ensure a convenient payment schedule for existing debts, and in case of illegal actions on the part of the bank, try to win the trial.

In order to win a lawsuit with a bank or at least minimize the damage as a result of the court, the borrower needs to:

• Strive for the maximum open position in relation to the bank. You can, on any question that interests you, contact the employees of the credit institution that issued you the loan, get advice from a bank lawyer, and do not hide from communicating with bank representatives.
• It will not be superfluous before the court with the bank to get advice from a third-party lawyer.
• If objective circumstances became the reason for non-payments (reduction at work, decrease in the level of wages, a serious illness, long-term treatment, conscription into the army, the birth of a child, etc.), then you need to prepare documents confirming this fact. This may be an extract from a hospital card, a certificate of dismissal from the personnel department or from the accounting department about a reduction in wages, a certificate from the military registration and enlistment office, a child's birth certificate.
• Prepare documents confirming payments made on the loan - receipts and checks for payment. Thus, you will be able to demonstrate in court with the bank that, in principle, you did not evade payments, but could not continue them for certain reasons.
• If you applied to the bank with an application for loan restructuring and the bank refused you, then it is advisable to provide a copy of your application to the bank.
• In the event of a decrease in income (a decrease in the level of wages), be sure to refer to article 451 Civil Code, justifying the inability to fulfill the obligations assumed due to changed financial circumstances (and here copies of your applications for loan restructuring or applications to other banks with a request for refinancing will be very useful here).

In no case do we recommend that you take a loan from a bank and not repay it without objective reasons (dismissal, illness, etc.). In this case, it will not work to win a lawsuit with a bank, the court definitely takes the side of the bank in such situations.

Thus, the answer to the question "Should I be afraid of a lawsuit with a bank?" you need to start looking first of all in the situation that caused the formation of debt and non-payment on the loan. Those borrowers who deliberately took out a loan in order to spend the funds received and not pay monthly payments or deliberately evaded payments and contact with the bank - yes, of course, such clients should be afraid of a lawsuit with a bank. But if the borrower tried to regularly make monthly payments on the loan, made contact with bank employees, warned the bank in advance about the impossibility of making payments for objective reasons, tried to change the terms of payments or refinance the loan at another bank, then in this case, you are very afraid of a lawsuit with the bank , probably not worth it, because the absence of malicious intent is the main justification for any violation of the obligations assumed. Moreover, perhaps it is the intervention of the court that will allow the bank and the borrower to find a way out of the current situation and repay the debt on terms acceptable to both parties.