The question of whether microfinance organizations go to court if they fail to repay a loan on time is increasingly worrying borrowers who were unable to make payments on time. But if the outcome of any delay on a bank loan is obvious to the borrower in advance (first the court, and then the forced collection of funds by bailiffs), then when it comes to debt to a microfinance organization, few people understand the mechanism and plan of their work with those who could not repay debt within the prescribed period. And if some believe that microfinance organizations do not sue debtors, others believe that this is the logical outcome of any delay, even if the money was received from a non-banking financial company.

Do microfinance organizations sue debtors?

If we analyze the statistics of court cases, we can come to the conclusion that a court case involving microfinance organizations is rather an exception than a generally accepted rule. This can be explained by the peculiarity of microfinance activities and the conditions of existing programs, when all possible losses are included in interest rates (the notorious 2% per day), and debt collection work is carried out by debt collectors who buy out problem loans.

In addition, it should be noted that outside of court, microfinance organizations manage to receive inadequately inflated amounts of debts, since they charge unreasonably high fines, which contradicts the norms of current legislation. And although such tactics are practiced exclusively by those with little work experience and without regional offices, there are quite a lot of them on the Russian market, and ordinary citizens suffer from this.

On the other hand, why spend money on legal fees if you can involve collectors in the collection process, who put such serious moral pressure on debtors that they unconditionally pay the outstanding amounts of debts without going into the details of their accruals? But it is incorrect to say that if a borrower owes a debt to a microfinance organization, then he may not be afraid of a subpoena. As the responsibility for illegal collection activities tightened and the efficiency of working with debt collections significantly decreased, more and more microfinance organizations began to give preference to forced collection of funds through the courts, which is increasingly confirmed in practice.

How long does it take for an MFI to file a lawsuit?

For reference! The collection department of an MFO is faced with the task of creating an unbearable psychological environment around the debtor. Practice shows that many cannot withstand the pressure and after a while are ready to give anything to stop the 24-hour nightmare.

What should the borrower do in such a situation? Since such actions by microfinance organizations or collectors are hooliganism, the client can send them an appeal asking them to stop calls and pressure, and also prepare a statement to the police or prosecutor’s office.

Do microfinance organizations sue?

Many borrowers who have a debt to a microfinance organization and cannot repay it on time are interested in the question of whether microfinance organizations sue their debtors or whether they prefer to cooperate with collection agencies. People who are just planning to use the services of such a lending structure want to get an answer to this same question. This interest is due to the fact that life can take an unexpected turn, and unforeseen financial problems may arise that will prevent you from repaying the loan in full.

This situation is quite common and occurs not only among persistent defaulters, but can also affect a responsible borrower. Another question that is of interest is how MFOs manage to collect debt without going to court.

Important! Microfinance organizations still go to court, but under certain conditions. This happens when the total amount of the debt (the body of the loan, interest accrued for using the money, as well as accrued fines) has crossed a certain mark.

Each organization determines this threshold for itself. Most often, a lawsuit is filed when the amount of debt plus interest exceeds 10,000 rubles. If the client owes less than this amount, it is unprofitable to go to court, since the returned debt will not even be able to cover legal costs. In addition, it will not be possible to quickly receive your money if a decision is made in favor of an MFO, this is due to the fact that bailiffs do not have enough time to work with small debtors; first of all, they work with large bank borrowers.

There are a number of other reasons why lending institutions prefer not to go to court:

1. In each region where the institution operates, there is no lawyer who can represent interests and accompany all court hearings (practice shows that several meetings take place before a decision is made);
2. Maintaining a lawyer on staff, paying his fee, as well as covering overhead expenses for business trips to the debtor’s region of residence, is expensive and unprofitable;
3. Even if the MFO won the case and the court made a positive decision, and the bailiffs began to fulfill their direct duties to collect the debt, this does not guarantee that it will be reimbursed. This is due to the fact that the borrower may not have any valuable property.

But there is another, main reason why most MFIs prefer not to go to court. This is the loyal attitude of judges towards debtors. If a decision is made in its favor, a microfinance organization can count on the borrower to pay the loan amount and interest for its use. Any accrued fines and penalties are almost never taken into account by the court when making a decision. But it is precisely these amounts that are of interest to MFOs, since they are many times greater than the loan amount and accrued interest.

Is it possible to never repay a loan?

It is possible not to repay the debt to the microfinance organization, but to do this you need to be prepared for a long siege, constantly changing your mobile phone number, place of residence and environment. It is better that a person does not have a job, relatives, or property. How long a person can hold out will depend only on how strong his nerves are.

You can choose a different path and attempt to challenge the contract signed with the MFO. There are several loopholes in the law for this. You must provide evidence that:

• The contract is indentured and therefore has no legal force;
• The structure does not have the right to lend;
• The client is not capable of taking responsibility for his actions.

Important! The agreement can be canceled in order to avoid paying off a microloan only through the court, and this will cost attorney fees and court costs. Another option you can use is to wait until the statute of limitations expires, which will occur in three years.

After this, all claims are considered unfounded.

How to declare yourself bankrupt

There is another opportunity to solve the problem, to use the provisions of the Law on Financial Insolvency (or Bankruptcy). To do this, you need to file a petition with the court to declare your bankruptcy. Then all the client’s affairs pass into the hands of the manager. He will have access to information about salary and other income. After completing the bankruptcy procedure, all the client’s property will be taken away, but he will be able to remain “clean” before creditors, and will not have to spend his life waiting for the arrival of bailiffs.

What to do in the event of such a situation, each person decides independently. The only thing you should think about carefully before taking out a loan is whether you have enough potential to pay off not only the amount, but also the interest, which is quite high.

What happens if you don’t pay microloans? Almost all organizations that provide microloans have a significant degree of risk. After all, they are most often approached by people who have problems with payments bank loans. Therefore, there is a risk that the microloan may not be repaid.

At the same time, companies that provide such services do not always behave fairly with their borrowers. Not every organization is completely transparent about the terms of the contract. At first glance, the interest amount of 1% is insignificant, but in fact the overpayment will be 365% per year.

Already at home, the borrower, after re-reading the terms of the contract, is horrified. What happens if you don’t pay microloans? For its part, the company that issued the loan can take the following actions:

• increase the interest rate;
• charge penalties for each day of delay;
• charge a fine on the entire amount received under the loan agreement.

Since many microfinance organizations issue money through banks, they have the opportunity to collect debt through collectors. The methods of such companies that are engaged in extracting debts from borrowers are known to everyone. These are endless calls from different phone numbers.

Letters to the HR department where the borrower works, moral pressure on relatives and friends of the debtor, and even threats of physical violence. However, the debtor is far from powerless. He can file a complaint with the police and action will be taken against the collection agency. How not to pay microloans?

Why do people not repay loans?

Serious financial difficulties. Very often, people turn to MCOs when they expect to re-borrow money from a microfinance organization for a short period of time. This is especially true if there is also debt in the bank. If the loan was received before payday, you can try not to pay debts legally. To do this, you need to issue a certificate of income and contact the MKO. If there are problems with microloans, in some cases the MCO provides installment plans for the debt.

If you are left without a job and there is no way to pay your debts from your salary, then try to borrow money from your friends or relatives. In some cases, it is possible to get a loan from a bank.

Can the MCO take the case to court?

Many companies that provide microloan services are in no hurry to take the case to court. Not all of them operate legally. If, nevertheless, the microloan filed a lawsuit, then you have every right to file a counterclaim. You need to attach an agreement to it and prove that its conditions are enslaving. In this case, the court may revise the agreement in the direction of reducing the interest rate to the rate recommended by the Central Bank of Russia, 8.25%.

This is one of the reasons why not all MCOs bring their case to court. If, nevertheless, the case is sent to court, then you should submit documents that will prove that at the moment you cannot fulfill all obligations, and also confirm that your credit history is positive. In addition, the loan agreement most often does not contain annual interest rates. Most often, the contract specifies interest that is calculated every day.

The fact is that companies prohibit managers from telling their clients the amount of interest for the year, as well as specifying the amount of overpayments. Even if the loan was issued for 10 days, then 10 * 1.5% = 150%! And for a year – 540%. The overpayments are simply huge. It is the risk of losing profits that forces MCOs to try not to go to court.

What happens if you don't pay the loan?

Microloans or credit

From the point of view of current legislation, MCOs are not credit organizations. The laws that govern their activities differ significantly from those that apply to banks.

In order to officially have the right to issue loans, an MCO must be registered with. Therefore, from the point of view of the law, money received under an agreement is a loan, not a credit. Therefore, the law does not provide for the accrual of fines and penalties. This means that the statement of claim can be legally challenged by any competent lawyer.

If it is proven that the terms of the contract are enslaving, then the court has every right to annul it.

Even the interest rate on a bank loan is a maximum of 30-40% per year, but not 700%! People apply for loans only when a person simply has no other choice!

In microcredit structures, as in large financial companies, there are so-called “white” and “black” lists of borrowers, the former are responsible payers who are provided with loyal conditions for further cooperation. The latter are characterized by numerous arrears and a continuously increasing (due to interest rates) amount of debt.

MFOs and debtors. Litigation

In the event of a collision with an unscrupulous client who ignores all norms and loan repayment terms, the microfinance organization can take the following measures:

• Penalties established under the loan agreement;
• Replenishing your credit history with negative entries that can ruin the reputation of a responsible payer;
• Calls from microfinance organizations with demands to repay the debt in the established amount and taking into account interest;
• If you “ignore” all of the above points, creditors will transfer the loan case to a collection agency, or go to court.

Litigation (as well as turning to collection services) is an extreme measure resorted to by structures issuing microloans. In fact, microfinance organizations, as a full-fledged lending system, have the right to sue malicious debtors. Thus, we will answer the question “can microloans be sued?” Yes they can.

Indeed, statistics from microfinance organizations have increased significantly. Often, the judicial process is initiated bypassing the stage of “peace negotiations”. In order to avoid reaching the stage of “court with an microfinance organization,” before contacting a microfinance organization, you should think about your financial situation and take into account the real possibilities in the context of strict debt repayment deadlines. Often, negligence in relation to “quick loans” (on the part of the population) leads to complete financial collapse and lengthy legal proceedings.

MFOs solving the problem in court

In order for the expected to coincide with the real state of affairs, it is necessary to understand which microfinance organizations file lawsuits against debtors, and which microfinance organizations should not be expected to file a claim. If you work with microfinance organizations, in terms of statistics on litigation, de jure, this method of debt collection is practiced to a greater extent by large players in the lending sector, since here we are talking directly about the reputation and quality of the loan portfolio.

De facto, regarding the questions “are microloans filed in court?” and “which microfinance organizations file lawsuits?” There are quite a lot of answers, namely microcredit structures. However, even taking into account a single microfinance company, due collection can be carried out in several ways; however, it is worth waiting for a meeting in court and looking for information on the topic “how to sue a microfinance organization” in such cases as:

• The concluded agreement is collateral (the guarantee is the movable/immovable property of the borrower), in such cases, collection in court is the fastest way to transfer property into the ownership of the organization;
• The loan amount is more than 500 thousand rubles (the microfinance institution may “go into the red”, since the client has the right to declare himself bankrupt);
• Debt repayment is completely ignored;
• The company's regulations do not provide for joint work with collection agencies; the decision is made exclusively within the framework of current legislation;
• Sale of debt to debt collectors who practice debt collection in court;
• The debtor owns valuable property.

Mpho takes the case to court. Further actions

After the immediate stage of initiating a case for non-payment of debts, the debtor is given a subpoena. Further ignoring is pointless: the court decision will be made at the currently known place of registration of the debtor. Refusal to appear in court will also not interfere with the trial and sentencing.

In fact, if the microfinance organization has provided a complete evidence base indicating the existence of an outstanding debt, the case will “play” in favor of the microfinance organization. All the defendant can count on when he appears in court is to file a motion to reduce the penalty interest. If a clear discrepancy between the interest and the principal amount of the debt is revealed, the court has the right to regulate the amount of interest in its own way.

Within 30 days from the announcement of the decision on the claim of the microfinance organization, the defendant has the right to appeal the judicial outcome, of course, on serious grounds (lack of funds is not a serious circumstance). You can appeal a court verdict if significant violations were noticed during the process:

• The MFO’s evidence base was incomplete, but the court decided on the terms of loan repayments;
• The rules of law were applied incorrectly or ignored;
• The trial was carried out without key representatives of the parties (due to lack of proper notice);
• Lack of trial protocol and signatures on the decision itself.

If the listed violations are detected, the court of appeal has the right to note/change the decision made in the case.

Execution of the decision and payment of the debt

It also happens that even after the decision has entered into legal force, the debtor-defendant continues to ignore the fulfillment of debt obligations. In this case, the bailiff services will take over the case, followed by the initiation of enforcement proceedings. As part of this, bailiffs take measures to enforcement court decision. Exactly:

• Seizure of the property and account of a malicious debtor (if funds are available, they are written off in favor of repaying the debt in the microfinance organization; in the absence of the required amount, the property is confiscated with its subsequent sale);
• Ban on travel outside the Russian Federation;
• Deprivation of a driver's license with confiscation of vehicles.

As for trying to avoid paying debts, there are few options. They come down to two parameters:

• Death of the borrower (acts as a serious reason for canceling the contractual force in the event that the debtor’s relatives refuse the inheritance; otherwise, the obligations for loan repayments are assigned to them).
• Expiration limitation period. In theory, an outcome is possible in which the microfinance organization simply forgot about the borrower, and 3 or more years have passed since the conclusion of the agreement (in this case, the creditor will no longer be able to file a claim).

Let's consider several options for getting out of a critical situation without bringing the case to court. There are few actions in such situations that go out of control, but:

• Extension of contracts with organizations;
• Deferment of payments (if the client provides documents confirming a deterioration in their financial situation);
• Loan restructuring.

It is worth noting that 95% of microcredit organizations offer to extend the agreement. You just need to pay the accumulated interest and sign an agreement to postpone the payment terms. It is much more difficult to obtain a deferment of payments and restructuring, since consideration of an application to revise the terms of the loan agreement (due to a changed financial situation) will take quite a lot of time. It is not a fact that such a statement will be approved.

Conclusion

Despite the criticality of the situation, there are ways to get out of the “debt hole”. Contacting a lawyer can also be beneficial; a specialist will review your case and develop an algorithm for a legal way out of the crisis. Help in repaying the loan from creditors, lawyers, the state and also from the collectors themselves is quite real, since court cases in disputes of this kind are no longer categorically one-sided. Decisions become flexible and the position of the defendant is taken into account. If the debtor's situation has really gotten out of control, the case is considered in favor of the borrower, with the release of his exorbitant amount of overdue interest.

Hello, friends. Why am I all about loans and banks? It’s not going well - I left microfinance organizations completely unattended. This is the height of indecency on my part, I think. In addition, my readers periodically ask questions: What to do with loans? How can you reduce these huge percentages? Is it possible to fight microfinance organizations in court? And everything like that.

It’s clear that I wouldn’t write out of the blue. I needed good reasons. Each of my articles is pure judicial practice and a minimum of poetry. You came here to solve your problems, and not to fill your head with someone else’s stream of consciousness.

So, let me answer in order the questions that I myself posed at the beginning of the article. And you can add, correct and tell me in the comments if you know something that I don’t know. This happens, and I'm not ashamed of it. Let's go.

What to do with loans?

So, you signed a loan agreement and received a loan of 10,000 rubles. I will take the average amount as a basis, since loan amounts in most cases do not exceed 15,000 - 20,000 rubles. Your contract stipulates some fines for late payment; they are minimal, amounting to only about 500 rubles. But fines in this story are far from the main danger. Why? Yes, because all these companies have known for a long time that in court the amount of the penalty (penalty) can be significantly reduced, and the debtors also know about this and take advantage of this opportunity.

So, the main threat in a loan agreement for the borrower is interest. This is how these so-called moneylenders make money. The interest rate in all loan agreements with any microfinance organization will be about 2% per day, and as much as 732% per annum. Do you understand what this number is? For a moment, the refinancing rate of the Bank of Russia is 8.25% per annum. Quite a difference, right?

And so, when the debtor goes to court, he suddenly discovers that instead of the 10,000 rubles he borrowed, he must return all 100,000, and 90,000 of them are the interest stipulated in the loan agreement.

Is it possible to reduce these huge percentages?

In court, such a debtor, of course, can file a petition for the court to apply Article 333 of the Civil Code of the Russian Federation. We are talking about reducing the penalty. I talked about this procedure in detail in this article. Refresh your memory if you suddenly forgot. But, a problem arises. Article 333 of the Civil Code of the Russian Federation provides for the possibility, at the discretion of the court, to reduce the amount of the penalty, and its provisions do not apply to the planned interest provided for in the contract.

That is, if you come to court, within the framework statement of claim to collect the debt from you under the loan agreement, with a 95% probability, your request to reduce the penalty will remain unsatisfied. Remember, the penalty is only 500 rubles, and this is a more than proportionate fine for violating the terms of the contract.

The rest of the amount is interest that is provided for in the agreement, and which you knew about when receiving the loan. The court, even if it wants to, cannot reduce them, otherwise the interests of the creditor will be violated, and the judge himself risks going beyond the scope of the subject of the dispute. And this is a procedural violation, and a completely different story.

But I won’t scare you. There is a way out, gentlemen! In general, there is always a way out of any, even the most hopeless situation, you just need to be able to find it in time.

So, in this article I will tell and show you what you need to do to reduce the amount of interest on the loan agreement.

How to fight microfinance organizations in court?

This is perhaps the most anticipated and useful section of the entire article. And you can probably guess why. Today I have prepared for you practical guide to reduce the amount of interest under a loan agreement with a microfinance organization. No more, no less.

Naturally, you will have to defend your rights in court, but, in my opinion, this is a commensurate price for the restoration of your rights and property interests.

Looking ahead, I will say that you can try your hand, as in the case of:

• If you already have a debt, but the microfinance organization has not yet filed a lawsuit against you;

If a statement of claim to collect the loan amount from you with interest has already been submitted to the court;

If the court has already made a decision to collect the debt from you under the loan agreement (this option is the most controversial of all, but why not try).

The general meaning of your actions will be the same in all three cases, the difference lies only in time.

Actually, let me first describe the work process, and then I’ll show you what documents will be needed for this.

You are behind on several loan payments and the microfinance organization is threatening to sue. At the same time, you are charged huge interest, which you are definitely not able to pay. What to do:

File a statement of claim in court, which I will offer you a little lower in the article, and strike first. It is clear that this will not completely save you from paying off your debt, but it will help reduce the amount of debt significantly.

The microfinance organization has already filed a claim in court. You have been summoned as a defendant. What to do in court:

As I already said, in most cases it is useless to ask the court to apply Article 333 of the Civil Code of the Russian Federation. But, if you have time, and if this is not the last meeting, you can file a counterclaim with the court. What this counterclaim is about is, of course, a reduction in the amount of interest. If you want to know more details, continue reading the article.

The court has already made a decision and collected the loan debt from you. Let's take a closer look here:

Option 1. The decision did not come into force. In this case, without wasting time, file a statement of claim with the court, which I talk about throughout the entire article, but a sample of which I still haven’t given you, and at the same time, write an appeal. In it you can briefly state that you did not have time to file a counterclaim, that you just did it, in confirmation, here is a copy with a court mark on the adoption, that the decision is illegal, since the transaction (loan agreement) is contrary to the law, and finally, as for the decision question of the illegality of the loan agreement itself, the decision to collect the debt from you cannot come into force, otherwise it will violate your rights and legitimate interests. In general terms, this is true. You can read more about how to write an appeal in a separate article at the link.

Option 2. The court decision was made and entered into legal force. In this case, submit only a statement of claim; you will not need any other complaints. Details will follow.

Yes. The most important. Don't forget about the statute of limitations.

I am sure that now I will disappoint many, but this is not my fault. Someone finds, and someone loses, these are the simple truths of our life. In jurisprudence, everything is the same, only certain events are tied to special deadlines, which we, lawyers, call procedural.

You must understand that not every one of you will be able to file a claim and reduce the amount of interest, but only those who at a given moment have an important trump card in their hands - not missing the statute of limitations. Here we read carefully.

First of all. The statute of limitations is the period during which you have the right to go to court to protect your rights and legitimate interests. Outside this period, you, of course, can also go to court, but in this case, with a 90% probability you will be refused. True, there is a chance. The fact is that the defendant, and only he, must declare that the statute of limitations has passed. In your case, the defendant is a microfinance organization. If she has not stated this, the court does not have the right to independently apply the consequences of missing the deadline. It’s a very slippery slope; to be honest, I wouldn’t count on it.

So here it is. To determine the limitation period under a loan agreement, we must be guided by paragraph 3 of article 179 Civil Code RF, according to which, a transaction made on extremely unfavorable conditions, which a person was forced to make as a result of a combination of difficult circumstances, which the other party took advantage of, or, simply put, it is an enslaving transaction, can be declared invalid by the court, but only at the request of the victim himself. In our case, the victim is the borrower.

In other words, we are dealing with a voidable transaction, that is, a transaction that can be declared invalid in court.

And for such transactions there is a shortened statute of limitations, which is 1 (One) year. Tells us this Clause 2 of Article 181 of the Civil Code of the Russian Federation, according to which, the statute of limitations for a claim to recognize a voidable transaction as invalid and to apply the consequences of its invalidity is one year. At the same time, the calculation of this period begins from the day when the plaintiff learned or should have learned about other circumstances that are the basis for declaring the transaction invalid. In our case, this is the date of conclusion of the loan agreement. After all, the borrower, as a party to the transaction, before signing the agreement, must study it, become familiar with all its terms, and, as a result, sign and accept them unconditionally.

That is, if more than a year has passed since the date of your conclusion of the loan agreement, the probability of winning a dispute about reducing interest in court will tend to zero. If the year has not expired, file a claim with the court as soon as possible.

And one important point that can nullify all your attempts to achieve justice. This is the notorious judicial practice. The fact is that in this article I rely on several real judicial acts by which the debtors’ demands were satisfied. But, in fact, such court decisions are in the minority compared to the number of refusals. As sad as it is to admit, you may lose the argument. And here I recommend to you - don’t give up. The court refused - appeal the decision to the appellate authority. They refused there - go to the cassation office. Stand your ground until the last moment. In the end, it is your money, and only you can decide whether you want to keep it or are ready to part with it without a fight.

That seems to be the whole prelude. The time has come to show you the statement of claim.

Oh yes, one more thing. State fee for filing a claim in court.

You will have to pay a state fee to process your application. The amount of state duty for such cases will be for individuals- 200 rubles (clause 3 of part 1 of article 333.19. Tax Code RF).

Sample statement of claim for invalidation of the loan agreement

I decided not to publish the sample itself here, but you can download it via a direct link by clicking on this button:

You will receive from me a high-quality and ready-to-use sample statement of claim. If you need a counterclaim, simply change its title and rephrase the text a little. I think you’ll figure it out, you’re not little children.

In a nutshell, I will describe the essence of my claim so that you understand what’s what.

By default, the court accepts a loan agreement, even with such huge interest, as a valid transaction that has the right to exist. The only option to change the course of things is to invalidate the loan agreement in whole or in part. We do not need to fully recognize the agreement. It is enough just to win back your interest, which means that we will recognize the loan agreement as invalid in terms of the established amount of interest.

And here's what you need to rely on

1) The loan agreement is an enslaving transaction that was concluded by you on conditions that are extremely unfavorable for you, due to a combination of difficult life circumstances, and, in addition, the lender, knowing about these circumstances, took advantage of them to benefit itself.

2) You really needed this money. Moreover, the key here will be precisely urgent needs(treatment, accommodation, child support, you can use the repayment of other loans on which debt was about to arise). Show pity, because purchasing a new TV with credit money cannot be classified as difficult life circumstances.

3) You made one or more payments to pay off the debt, and only then realized that all the money was going to pay off interest, not principal. And the interest calculated by the lender is illegal and contrary to civil law.

4) Ask the court to invalidate not the entire loan agreement, but only the clauses relating to the calculation of high interest.

5) Be sure to indicate that you really needed the money, but not for that amount interest rate. And the loan itself was taken due to difficult financial situation existing for you at that time. Be sure to describe this in more detail, for example, you have dependent minor children, financial assistance Nobody helps you, you don’t have a job, or you do, but the salary is too low, or they don’t pay you. In general, in a similar vein.

6) The amount of interest specified in the agreement is excessively inflated, does not correspond to the rate of inflation and the usual bank income for such transactions, and significantly exceeds the refinancing rate for the period of validity of the microloan agreement (currently it is 8% per annum). And it is obvious that the terms of the loan agreement regarding the establishment of interest on the loan are extremely unfavorable for you, since at the time of concluding the loan agreement their amount is more than 90 times higher than the refinancing rate of the Central Bank of the Russian Federation.

In conclusion, I want to say. Even if your chances are small, believe in victory and act, because it is better to regret what you did than to regret what you could have done, but didn’t.

P.S. By tradition, share your victories and defeats with me and my readers in the comments. I answer any and all questions as time permits.

The number of dissatisfaction with the actions of MFOs is constantly growing. Borrowers are outraged by the rude treatment of employees, demands to return already paid debt, etc. Finding themselves in difficult situations, many people do not even know how and where to turn to protect their rights and interests. A loan is a consumer product, like, for example, bread.

When a borrower takes out (“purchases”) a loan, he is subject to consumer protection laws. The service must comply with the stated standards and conditions, otherwise it is a violation of consumer rights.

Thus, if the MFO cheated with the terms of the loan, the employees were rude or demand repayment of an already repaid debt, this should not be ignored. This is especially true when the organization operates officially, is included in the state register, and is supervised by regulatory authorities. A reliable assistant in this matter will be Law No. 353 “On Consumer Lending” dated June 1, 2014, 151-FZ “On MFOs” and other laws and decrees. The current list can be found on the Central Bank website at http://www.cbr.ru/finmarkets/print.aspx?file=files/legislation/legals_microfinance.htm.

Under what circumstances can you complain about an MFI?

A complaint should be made in the following cases:

• Refusal to reimburse fees or insurance.
• Restriction on early payment of debt.
• A unilateral increase in the interest rate without the knowledge of the borrower.
• Incompetence of MFO and call center employees.
• Impossibility of solution controversial issues on the spot.
• The MFO refuses to issue a certificate of full fulfillment of the borrower’s obligations.
• Non-compliance with “bank secrecy” and transfer of data to third parties.
• The appearance of an “incomprehensible” debt after repayment (for example, the creditor discovered a non-payment of a couple of rubles, which “grew” into several thousand).
• Additional connections paid services without the knowledge of the borrower.
• Threats and calls at night.

Where to file a complaint against an MFO? Full list of organizations

Where to complain if there are obvious violations of the law

The actions of microfinance organizations or collectors are not always legal. Came into force in 2017. According to this law, some actions of collection agencies are simply unacceptable.
If the actions of MFO employees or MFO collectors begin to cross acceptable boundaries (knock on the door, try to take away property, make direct threats, approach on the street and threaten the borrower and his relatives with violence), then you should immediately contact the police. These actions are illegal and disrupt the life and human health Of course, while there are no real actions, the police are unlikely to take any measures, but at least draw up an act with an appeal.

The question of how to sue a microfinance organization is usually asked by clients who have already fallen behind on payments under a loan agreement. Debtors hope that a court decision will free them from paying interest on the loan, which contributes to the growth of debt. Is this true or not? It's worth finding out more.

What are the prospects for litigation with MFOs?

How to sue an MFO? First of all, it should be understood that you need compelling reasons to go to court. In addition, there must be a subject of the claim, the borrower must clearly formulate his demands and justify them. The subject of the claim may be termination of the loan agreement, but this creates certain difficulties.

Termination of a loan agreement is possible only in two cases:

1. Termination by agreement of both parties.
2. Termination if one of the parties (MFO or borrower) fails to fulfill its obligations under the agreement.

If the contract is terminated by agreement of the parties, there is no need to go to court. But the MFO will not agree to terminate the agreement voluntarily, since it is not profitable for the organization to lose money.

There are no grounds for unilateral termination of the loan agreement due to the failure of the MFO to fulfill its obligations. In the loan agreement, the obligation of the lender (MFO) is to transfer money as debt, and this is where all the obligations of the MFO end. If, after concluding the loan agreement, the borrower received the amount agreed upon in the terms of the agreement, then the lender has fulfilled his obligations, and there are no grounds for litigation.

Often, borrowers file claims in court due to changed circumstances that the person could not have foreseen when concluding the loan agreement.

For example, the borrower had a job and a stable income when concluding the contract, but during the execution of the contract, circumstances changed, and the person lost his job and source of income. On this basis, termination of the contract is unlikely; the court usually does not take such reasons into account.

You can file a claim in court if the microfinance organization:

1. Charges commissions, penalties and interest not provided for in the agreement.
2. Unreasonably demands early repayment of the loan.

Under these circumstances, it is necessary to correctly calculate the disputed amount, since the amount of the state duty when filing a claim in court depends on it.

If the value of the claim is up to 20,000 rubles, the state duty will be 4% of the claim amount, but not less than 400 rubles. The following must be attached to the statement of claim:

• receipt of payment of state duty;
• a copy of the loan agreement;
• a copy of the microfinance organization's request for payment of the disputed amounts;
• calculation to support your claims.

In addition, you can file a complaint against the MFO with the Central Bank of Russia. Filing a complaint is free.

Important! The MFO values ​​its reputation and license, so before going to court, you should carefully read the agreement. Surely it will be stated in fine print that the MFO has the right to charge cash which he demands to be paid.

What to do if an MFO sues?

If an MFO has filed a lawsuit to collect a debt, then it is better not to ignore the summons and be sure to appear at the meeting. Arbitrage practice for microloans indicates that there is no point in disputing the principal amount of the debt or accrued interest on the loan, even if the borrower considers them high. By signing a loan agreement under such conditions, the borrower has agreed to all of his obligations and cannot claim that the interest is higher than he expected.

As for the accrued late payment penalty, you can file a petition to reduce it. The court may reduce the amount of the penalty at its discretion, based on the proportionality of the penalties and the amount of the principal debt. In addition, in this case the court will take into account the difficult circumstances of the borrower. For example, if failure to pay the debt was due to job loss or illness, or other documented reasons.

If the amount of the filed claim decreases, the costs associated with the MFO filing a claim in court, which are recovered from the debtor, will also decrease.

According to the law, the borrower’s desire to sue the MFO and avoid paying the loan or interest cannot be realized; payments will still have to be made. But the court will set a repayment schedule under which the person will not be deprived of the subsistence level.

Unfortunately, either due to financial illiteracy, or due to a negligent attitude towards their debt obligations, some clients fall into arrears and naively assume that nothing will happen to them if they do not pay off the microloan. Because of this, a completely reasonable question arises: “Can microfinance organizations sue a debtor?”

It is immediately worth noting that Many of these creditors turn to collection firms when dealing with problem clients.. But this does not mean that they cannot sue. Since MFOs issue small amounts at a time, it is not always advisable to incur legal costs. It is more profitable to resell the debt to collectors and at least somehow compensate for your losses.

When judgment is inevitable

To bring a case to court, the creditor must have compelling reasons. At the first delay in payment, the credit institution automatically has a reason to go to court. However, none of the companies is in a hurry to do this, which is due to the desire to obtain even more benefits for themselves in the current situation. Thus, they fully fulfill their purpose associated with obtaining maximum profits. At the same time, they are not at all interested financial position clients. If you want to know specifically which MFOs sue debtors, the list is below:

• Webbankir;
• Urgent money;
• Moneyman;
• Zaimer;
• Viva Money;
• Turboloan.

If the client delays payment within 1-2 months, there will be no subpoenas. This is due to the fact that credit companies try to increase the amount of debt as much as possible. During this period, interest is accrued under the loan agreement and penalties for improper fulfillment by the borrower of its debt obligations. The amount of each of these charges is indicated in the loan agreement.

The client is wrong to think that there will be no consequences if the company does not immediately sue him. In fact, she is simply waiting for the most favorable moment. The essence of all credit institutions is to obtain from borrowers everything that is due, and they will not forgive debts. But the amount you have to pay is determined by a court decision.

What is the court for the borrower?

The debtor begins to be intimidated by this authority already at the stage of signing the contract. The credit institution makes it clear that the best solution is full compliance with all requirements loan agreement, otherwise the case will go to court, where things will get much worse, for example, the client can be taken out of the courtroom in handcuffs and sent to prison for 3-4 years. There is also the option of connecting collection companies that buy out debts and do not hesitate to use any means to achieve their payment. By the way, the activities of collection companies, from the point of view of the law, are somewhat questionable.

However, in reality everything is far from the case. In most cases, court is an even better option than alternative means of forcing debt repayment. Litigation is more profitable because from the moment the claim is filed, the accrual of penalties and interest stops. The court also has the power to reduce the amount of the penalty. It happens like this:

1. The creditor files a lawsuit specifying the amount he wants to recover. At this time, the accrual of any payments stops.
2. The court considers the claim and determines the actual amount of the penalty.

In what cases is it possible to reduce the payment amount?

Civil Code Russian Federation contains article No. 333, which is very useful for all debtors. It allows the judge to legally reduce the amount required to be paid if it is too large compared to the funds borrowed. However, the penalty has nothing to do with the interest accrued on the loan amount. All charges corresponding to the concluded agreement remain in force, and the court does not have the right to cancel them.

But the court may well reduce the amount of interest accrued on arrears, or interest accrued on interest (they are also called compound interest). In this case, the incommensurability of the two amounts is taken into account. For example, if 5 thousand rubles were taken out on credit, and 50 thousand are required to be repaid, then the court will be guided by the refinancing rate that is in effect on the day the claim is filed. In this case, a percentage will be set equal to approximately 2/3 of the bet.

Deliberately delaying the trial can also work in the client’s favor. This will allow the judge to draw the attention of the judge during the process to the fact that a lot of time has passed between the first delay and the moment the claim was filed. Moreover, it must be stated that this was done intentionally in order to increase the size of the debt. The court will take this statement into account.

What verdict can the court make?

You should not think that the court will completely release the borrower from fulfilling contractual obligations. It can only reduce the required credit institution amount . Debt repayment can be carried out by deduction from wages or imposition of execution on the property of the debtor or his material values. Exceptions may include essential items and only housing. Sometimes the court may grant a deferment for a year if the debtor manages to convince the judge of his unfavorable financial situation.

Both parties must accept any decision made by the court unconditionally. If someone does not agree with this, then they can file an appeal and go to the Court of Cassation. If this is not done, then the decision is forwarded to the executive authorities. Sometimes it is also possible to agree with the bailiffs on the gradual payment of the debt. The only drawback is the payment of their costs.

What happens if you declare yourself bankrupt?

Another opportunity to get out of the situation with dignity is to use the law on financial insolvency. To do this, the debtor must file an application with the court to declare himself bankrupt. After this, all his affairs will come under the control of the manager. All information about financial side debtor's life. This will lead to the fact that the debtor will lose his property, but will remain completely clean in the face of creditors. This will allow you to start life from scratch.

Do microloans go to court if the client makes contact?

There are often times when there is simply no money to pay the bills. However, this is not a reason to hide from the lender. MFOs are quite loyal in terms of deferred payments. The client can present weighty arguments in his defense and ask for an extension of the loan period.

There is a fee for renewal. Its size is set individually. However, it is much more profitable to pay a commission for extending the loan term than to lose a good name in financial environment. Many microfinance companies actively cooperate with BKI and transfer information about their clients there. Litigation is also reflected in credit history borrower, and these are very compelling reasons for refusal on subsequent applications to other banks and microfinance organizations, rather than minor delays.

You shouldn’t think about whether microfinance organizations go to court. You need to realistically assess your own strengths before falling into debt bondage. You shouldn’t believe colorful advertisements and randomly take out loans one after another. You will have to pay the bills sooner or later anyway.