Collect loans and go abroad. Is it possible to take a loan and go to live abroad

“We do not have an overview of the number of debtors who have left Estonia. But not always, if the debtor goes abroad, we can talk about debt tourism. A person can simply go to work, study or for family reasons, says Indrek Niklus, head of the private law service of the Ministry of Justice. “The European legislation also takes into account the aspect that people move from one state to another, and it may be necessary to execute a court decision issued in another country.”

Niklus notes that for such situations there are many regulations that provide for various procedures: how to send an executive document that is valid for the EU, or another document on the basis of which you can start enforcement proceedings in another country. It is also possible to recognize, for example, a loan debt on the basis of a decision made binding in another country.

“But since this procedure is quite complicated, changes are planned in the EU in the near future that will make the start of enforcement proceedings in other countries more convenient and faster,” adds Niklus.

According to him, if enforcement proceedings have already been initiated to collect the debt, then it is applied in accordance with the laws of the country where the debtor is located. That is, if enforcement proceedings begin in England, then the laws of England apply.

“This also applies to the statute of limitations,” Niklus agrees. - And in the end, it really may turn out that if there is a term for the execution of a court decision - six years, then it will no longer be possible to collect the debt after that. However, this does not mean that at the same time it is impossible to collect a debt with the help of property located in Estonia in accordance with Estonian laws. Therefore, it is quite possible to escape from debts to another EU country, but this means that when the debtor returns to Estonia, the debt will still remain.”

Remember your name

At the same time, the situation may well turn out to be much more complicated: a person, knowing that he is leaving Estonia, collects loans wherever possible and hides in an unknown direction, not telling anyone where. Look for it, fist it around the world! It doesn't have to be limited to the EU.

And in a situation where enforcement proceedings are far from perfect, creditors have obvious difficulties in finding a debtor. At the same time, many do not even resort to the scheme suggested to Dmitry: people do not go to court with a request to write off the debt. They don't declare themselves bankrupt. Such debt tourists simply bask in other countries, leaving credit institutions and individuals to take care of their searches. If a person does not plan to return to Estonia and has no property left here, then the situation is extremely difficult.

When making bank loan, the borrower undertakes to return the money to the bank on time and in full, including the accrued interest. And if you decide to take a loan and leave without repaying it, it means breaking the law.

If the borrower has problems with repayment, banks do their best to get their money back, for which they attract collection companies, use the seizure of property, court decision part deduction may be assigned wages on account of payments, as well as you may lose the opportunity to travel to another country. However, all this applies to non-payers, but if you make mandatory payments in good faith, it will not be problematic to go abroad.

Can the bank stop me from going abroad?

It must be said that the bank itself cannot prohibit anyone from leaving the country, and even more so if you are a conscientious payer. Moreover, those who do not pay their bills at all, but have a loan amount of less than 10 thousand, are also unlikely to be in danger - trying to “punish” such a client, as they say, is more expensive for themselves.

The travel ban is imposed by the bailiff service, this measure is temporary, but it can be extended an unlimited number of times. That is, until you repay the debt to the bank, you will not be able to leave.

What to do if you have problems with repayment

First of all, you need to realistically assess your capabilities, and not take a loan if it will not be easy to cope with payments. If it so happens that the loan is issued, but you cannot repay, then:

  • be sure to cooperate with the bank, remember, flight is not a way out;
  • you can take advantage of credit holidays;
  • restructuring will allow you not to spoil your credit history, the amount of debt will not increase, and there will be no problems with traveling abroad.

Over the past decade, Russians have begun to actively use banking services, especially credit programs. Due loan funds housing, cars, even food and clothing are bought.

When applying for a loan, the client undertakes to repay it within the specified time. If he does not comply with this requirement, then he is considered a violator of the law. Accordingly, he may be punished. Is it possible to take a loan and go to live abroad?

In what cases is it forbidden to travel abroad?

Taking out a loan is not the reason for this prohibition. But only if the client regularly fulfills its obligations and makes monthly payments. Even if you have five or ten loans, but if you pay them all, then you can go abroad without any problems.

Over the past two years, the level of overdue debts of Russians has been rapidly increasing. Banks use various methods to collect them. For example, they attract collectors to help, seize property, take part of the salary to pay off debts by a court decision, and forbid them to leave the country.

But such measures are applied only to persistent non-payers, that is, those borrowers who do not pay at all. They do not try to solve this problem, do not issue a debt restructuring and do not plan to restore their payments in the future.

It is these clients who will not be able to hide abroad. But provided that the amount of debt exceeds 10,000 rubles.

Otherwise, it is unprofitable to start enforcement proceedings. Therefore, it is possible to take a loan and go to live abroad, but only on the condition that this loan is not overdue.

Who can forbid leaving the country?

According to the current legislation, the creditor himself cannot make the debtor “non-exit”. This right is only for the executive service. So, what will happen to the borrower if he does not pay his loan?

The procedure goes as follows. The bailiff who handles the debtor's case submits a memo to the senior bailiff. He has 7-10 days to make a decision. If the memo is approved, then go to live in
the borrower will not be able to go to another country for six months.

The ban on traveling abroad is a temporary measure, but no one forbids it to be extended again and again. The only way to gain freedom is to pay off the debt to the bank.

A copy of the decision of the bailiff is sent to the client by mail. And already 6 days after sending the letter, you are considered “not traveling abroad”. Even if you did not receive this message or refused to accept it, the decision will not change and will take effect.

How to find out about the status of "not leaving"?

If you are planning to go to live abroad or want to spend a vacation outside of Russia and at the same time have debts to banks, it is not superfluous to check for a ban. Is it possible to do this?

To obtain the necessary information, you need to submit a corresponding request on the FSSP portal. Select the service "data bank of enforcement proceedings" and indicate your date of birth and full name. You also need to select the region in which you live. Submit your details for verification. If no enforcement proceedings are opened against you, then no sanctions are applied to you.

How to get rid of the status "not traveling"?

If the audit showed that you have debts and enforcement proceedings are underway, then you need to urgently resolve this issue. What is not so much time.

Contact the bank and specify the amount of the debt. If possible, pay it off in full. Be sure to take a receipt and a letter from the bank, which indicates that the financial institution no longer has any claims against you.

The whole point is that bailiffs data on payment of the debt is not received immediately. On average, enforcement proceedings are closed within 14 days. If you already have tickets on hand and there is no time to wait, show the receipt and a certificate from the bank at the border. The border guards will make a request to the executive service and allow travel abroad.

So, the consequences of not fulfilling their obligations are very serious. You can not only become “non-exit”, but also lose your property.

Playing with banks is dangerous. If you are not sure of your solvency, then you should not take a loan. And if you signed a contract, then fulfill your debt obligations.

If you experience financial difficulties, immediately report them to the bank and ask credit holidays. In the event of a delay, you can always restructure the debt. First, you do not charge penalties. Secondly, the debt to the bank will not grow like a snowball. Third, do not spoil credit history. Fourthly, you will be able to go abroad without any problems: both for permanent residence in another country and for vacation. Do not provoke your creditor to take harsh measures.