Today, the current Civil Code of the Russian Federation defines statute of limitations, which provides an opportunity to protect the rights of a person whose rights have been violated, and lasts three years. This period is established for most types of violation of the rights of individuals and legal entities.

In this article, we will examine the issues from when the statute of limitations for collecting a debt to a bank is calculated, what rights borrowers and creditors have, and what to do if the bank, as the holder of the loan, nevertheless filed a statement of claim in court.

Issues discussed in the material:

• What is the statute of limitations on a loan?
• Determining the limitation period for a loan
• The statute of limitations on the loan has passed, you don’t have to pay
• In what situations does non-payment of a loan become fraud?

What is the statute of limitations on a loan?

The definition of limitation period is given in Chapter 12 of the Civil Code of the Russian Federation, namely: limitation period is the period for protecting the right under the claim of a person whose right has been violated. The general limitation period is 3 years from the date determined in accordance with Art. No. 200 of the Civil Code of the Russian Federation.

Article No. 200, Civil Code of the Russian Federation. Beginning of the limitation period

1. Unless otherwise established by law, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.

2. For obligations with a certain period of performance, the limitation period begins to run upon the expiration of the performance period.

For obligations for which the deadline for fulfillment is not defined or is determined by the moment of demand, the limitation period begins to run from the day the creditor presents a demand for the fulfillment of the obligation, and if the debtor is given a period for fulfilling such a requirement, the calculation of the limitation period begins at the end of the period provided for the fulfillment of such requirements. In this case, the limitation period in any case cannot exceed ten years from the date the obligation arose.

3. For recourse obligations, the limitation period begins from the date of fulfillment of the main obligation.

It is with the determination of the moment of counting the limitation period that most of the questions are associated. Not only ordinary borrowers, but also many lawyers cannot come to a common opinion and interpret the provisions of Art. 200 Civil Code.

A bank or other credit organization has the right to file lawsuits in order to recover from the borrower the debt, fines and penalties for non-payment of the loan only within a certain limitation period. As soon as the statute of limitations has expired, the debt must be canceled, and financial claims against the defaulter become unfounded. But using a similar principle, fraudsters can apply for and receive loans, then hide and not make payments on the loan, hoping that after three years they will be able to evade responsibility. Let's figure out if this is true and at what point does the statute of limitations on a loan begin?

Determining the limitation period for a loan: main features

The statute of limitations on the loan is three years. According to stipulated in Art. 200 Part 1 of the Civil Code of the Russian Federation as a general requirement, the statute of limitations is established from the moment when the rights of the holder of the loan funds under the loan agreement were violated. In order to find out exactly the moment from which the statute of limitations begins to count, you should take the contract and study it carefully.

We emphasize that the statute of limitations for additional obligations (interest, penalties, fines, etc.) expires simultaneously with the period for the principal amount of debt. And this moment has nothing to do with the date on which they were accrued. When the statute of limitations for a loan is not determined, the statute of limitations will be calculated from the moment when the next loan payment was not repaid. If regular payments have not been received by the bank for 90 days, then the holder of the loan funds has the right to demand a one-time repayment of the entire amount under the loan agreement. In this case, from the moment of filing such a claim, the limitation period will be calculated.

It is important to know that if the request specifies a deadline for fulfilling the requirement, then the limitation period for the loan begins from the very moment when this period comes to an end.

When calculating the statute of limitations on a loan that must be repaid within a certain period of time, there are various nuances. If we turn to the provisions of the Civil Code, there is information there that for loans that have a certain performance period, the limitation period begins from the moment the performance period expires. Moreover, it cannot, in any case, exceed a ten-year period from the date of signing the loan agreement. In other words, from the date when the borrower became obligated.

The statute of limitations on the loan has passed, is it possible not to pay?

Many borrowers-debtors who find themselves in a difficult financial situation would like to know whether it is possible at all if the statute of limitations on the loan has passed? Or, for example, from the bank that issued the loan - is it possible not to pay the loan in this case?

The main thing to remember is that borrowed funds are issued by the bank on repayment terms - this is stated in the loan agreement, and it is very bad if the borrower signs such papers without familiarizing himself with all the points of the transaction. Based on the agreement, the borrower is obliged to repay the debt to the bank before the end of the period prescribed by the terms of the loan. If a situation arises when the deadline for fulfilling obligations has been violated, then the client is not released from paying the loan and interest for using borrowed money, and further from the responsibility of repaying the loan funds.

So, if we are talking about the statute of limitations, then in a temporary context we are not talking about the obligation to repay the debt, but the possibility of claiming it through the court. In addition, at the legislative level, a list of conditions is established under which the holder of borrowed funds cannot require the debtor to fulfill contractual obligations. The primary condition is the period that has passed since the borrower violated the loan agreement (be it a consumer loan, cash loan, etc.) and the creditor acquired the right to demand that the unscrupulous debtor fulfill his obligations under the agreement. This is the so-called statute of limitations on the loan.

Refusal to establish a limitation period for a loan

All users of credit funds must remember that the expiration of the statute of limitations on a loan is not an obstacle for creditors to file a lawsuit in order to recover the debt - this is stated in Art. 199 part 1 of the Civil Code of the Russian Federation. Based on practice, courts accept such claims for consideration and make decisions on them that are positive for the creditor. The debtor can challenge this decision, and to do this it is necessary to go to court with an appeal, which will contain demands to recognize the statute of limitations as expired. But the ideal solution in such a situation would be to write a corresponding statement during the proceedings in court.

Considering that the borrower has a fairly strong position when the statute of limitations on the loan expires, lenders in certain cases have every right to refuse to establish a statute of limitations. There may be the following reasons for this:

1. Filing a claim in court to recover a debt before the statute of limitations on the loan expires. Moreover, the trial itself may take place later.
2. Dealing with debt. In this case, any form of debt settlement without involving the courts is meant:
   — Negotiations over the telephone. There is one condition here - the negotiations are recorded, but the debtor must be notified of this procedure. The entry contains his admission that there is a debt;
   — Official letters are sent to the borrower. The creditor himself is obliged to provide evidence of personal receipt of the letter by the debtor. Most often, this is done by delivering a letter by courier or sending a registered letter with notification of delivery of correspondence.

The user of credit funds himself, having no idea about the specifics of establishing the limitation period for a loan, can contribute to reducing the considered limitation period. The interruption of the statute of limitations may be facilitated by cases where the debtor during this period:

1. Paid even a small part of the debt to the creditor.
2. Put your signature on at least one document that is related to the debt that is being disputed.
3. Voluntarily admitted that he is a debtor on the loan. This fact must be confirmed by a corresponding statement.

If in practice any of the above cases occur, then the calculation of the limitation period will be stopped. It will start anew from the moment of the incident that caused the stop.

Limitation period for a loan from a bank declared bankrupt

Many borrowers are interested in what to do if the banking organization that issued the loan funds was declared bankrupt. Or did the state deprive him of the relevant license? You should know that deprivation of a license does not mean that the credit institution will be liquidated, but in most cases its activities will be suspended.
What can be done in these situations?

The loan user, firstly, can repay his debt in accordance with the loan agreement. If the debtor finds himself in a situation where payment is impossible for reasons beyond his control (for example, the terminal is not working or the bank office is closed), then paragraph “a” of Art. 202 part 1 of the Civil Code of the Russian Federation, which is designed to regulate the suspension of the limitation period, where the reason is the effect of force majeure circumstances.

In situations where the bank is declared bankrupt, work with the debt will not stop. In addition, after a certain time, when a successor to the rights of the credit institution is determined, it will be within its competence to collect the debt from the borrowers of the bankrupt bank.

In what situations does non-payment of a loan become fraud?

Practice shows that some citizens try to take advantage of the statute of limitations in order not to pay the loan. But we hasten to assure you that such attempts can result in serious problems for the borrower. For example, a lender may take the following actions:

1. File a claim with the court for payment of the debt.
2. In addition to the first point, the loan holder has the right to demand the initiation of a case of fraud on the part of the debtor.

As a result, the borrower may find himself in a rather difficult situation than he expected.

In order to prevent such situations, it is recommended to notify the bank in writing of the temporary impossibility of repaying the loan. This should be done if a bona fide borrower has good reasons for not repaying the loan - financial difficulties.

The borrower can also confirm the absence of malicious intent in other ways:

1. There is collateral for loan obligations.
2. There are multiple loan payments.
3. The amount of unpaid debt is immaterial. This applies to loan balances of less than one and a half million rubles.

Remember that if the statute of limitations on the loan has expired, the lender does not have the right to prosecute the borrower for fraud.

Despite the lack of opportunities for the loan holder to recover the debt and the expiration of the statute of limitations, the debtor can still face negative consequences. For example, a “negative” credit history, which is unlikely to allow you to get a loan from banks in the future, because information about the defaulter will be stored for 15 years in accordance with the Federal Law of July 27, 2006 N 149-FZ “On Information, Information Technologies and on the protection of information", keep this in mind.

The credit history bureau ensures that credit history is stored for 15 years from the date of the last change in the information contained in the credit history. After the specified period, the credit history is canceled (excluded from the number of credit histories stored in the relevant credit history bureau).

For any bank, a lawsuit is:

• Losing money on legal fees;
• Waste of time;
• The risk will receive an unfavorable outcome of the case for itself;
• Reputation decline.

In addition, immediately after filing an application with the court, the bank must stop accruing fines and penalties on debt. Plus, by court decision, the debtor will repay the loan in small amounts once a month without accrued fines. In this case, we get a specific answer to the question: “How long does it take for a bank to sue?” It is not profitable for banks to do this right away. It is much better to wait until a significant late fee accrues, turn to collectors for help and, if their help does not produce results, only in this case the bank goes to court. And you can easily stop this entire preliminary process.

Which banks sue debtors and which don't?

There is no need to justify your disagreement.

• If the 10-day period has expired, it is worth trying to restore the period by submitting a corresponding application along with a request to cancel the order. However, it should be taken into account that by this time enforcement proceedings may have already been initiated and enforcement measures taken.

This will seriously complicate the task. In order not to waste your time and energy, you should carefully evaluate the prospects for appeal. It may be that postponing the foreclosure process does not make sense.

If the order is cancelled, the bank has the right to re-apply with a similar demand, but to the court of first instance and in the manner of claim proceedings.

What to do if the bank sues for non-payment of a loan?

Attention

At that time, your income was fifty thousand rubles a month, which was confirmed by an income certificate. After six months, your income was only twenty-five thousand a month.

Accordingly, you cannot in any way comply with the original terms of the loan agreement. This fact will play in your favor in court. But in any case, the decision is made by the court; only the ability to prove your insolvency for good reasons at the moment depends on you.

You can only try to reduce your debt as much as possible. Now you know in which cases the bank sues and in which it does not.

Financedigest

The bank has the right to go to court in the manner of claim proceedings if the amount of the claim is 500 million rubles or more, as well as if the magistrate makes a decision to cancel a previously issued court order on the basis of the borrower’s objection. It should be noted that simultaneously with filing an application with the court or As part of the process, the bank has the right to file a petition to take measures to ensure the execution of the court decision. This means that bailiffs can come to the borrower-debtor much earlier than the final decision on the case is made.

It is also quite possible to block deposit accounts. Therefore, you should immediately approach the situation with the utmost care and responsibility when the bank plans to go to court or upon receiving a copy of the claim (application).

Should I be afraid of going to court with my bank?

Each such situation depends solely on the bank whose client you are. Which banks actually sue You should know which banks sue debtors.

Large banks with a serious reputation value their clients, so they will not use the services of debt collectors because of their incorrect work methods. But when there are many clients, the percentage of debtors among them is quite high.
And if you don’t try to get what’s due from them, this can lead to the ruin of the most reliable and largest bank. We present to your attention a list of banks that will be sued for debt:

• Gazprombank
• Alfa Bank
• Sberbank
• Bank of Moscow
• Raiffeisenbank.

But there are banks for which reputation is not as important as increasing their own assets.

Which banks sue debtors?

There is no way to pay. question number No. 7862495 read 59 times Along with the topic “Amount of principal debt” they are also searching for:

• Yes, he can sue. By decision of the court, 50% will be deducted from the salary Pay the response Continue the dialogue ✉️ I will draw up a CLAIM for you in court, I will give DETAILED CONSULTATION on your problem, please contact me. You can leave it by clicking the Reply button Similar questions My loan is 4 months overdue, the bank is threatening to sue. At the moment there is no way to pay, I am six months pregnant, I was fired from my job due to the liquidation of the enterprise. Please tell me, can I return the car to the dealership if it was taken on credit and there is no way to pay the loan? Thank you. I have a debt to the bank, I paid everything on time for two years.
  There is no way to pay now.

What to do if the bank sues for non-payment of a loan?

In general, the court can make the following decisions:

1. Return the claim to the bank without consideration or refuse to accept the claim for consideration, which almost never happens in practice.
2. Satisfy the bank's claim in full/partially or refuse satisfaction in full/partially.
3. Take certain interim measures.
4. Satisfy or refuse to satisfy counter and other demands of the debtor stated in the process.
5. Approve the settlement agreement between the parties.
6. Provide in the decision for the establishment of an installment plan/deferment for its full implementation.

As a rule, the courts satisfy the banks' claims, but often only partially. The demands of borrower-debtors to exclude or reduce the amounts of penalties, commissions, and interest look promising, which leads to partial satisfaction of the bank’s claims.

You need to start taking some actions to minimize your risks and possible negative consequences as quickly as possible. It is important to take control of the situation and set goals, objectives and an action plan for the future.

What to do if collection is carried out in the order of writ proceedings When the bank applies to the court with an application for the issuance of a court order, at least a copy of the application must be sent to the defendant (borrower-debtor). The materials are sent to the place of residence (registration), the address information of which is at the disposal of the bank.
Thus, it is assumed that the debtor will be notified of the fact that the bank has filed claims in court. Possible problems may arise if the debtor is absent from his place of residence (registration).

Debt to the bank 30,000 will the bank sue

Be that as it may, if the bank goes to court to issue an order, the borrower must do the following:

1. Familiarize yourself with the case materials. This can be done at the court office. If everything is set out in sufficient detail in the bank’s statement, then this information is often sufficient to understand the essence of the claims and the amount of recovery.
2. Since writ proceedings are carried out without the presence of the participants in the process, the maximum that the debtor can do is to receive a copy of the order and carefully study the document.
3. Within 10 days (working days) from the date of receipt of the order, the borrower has the opportunity to apply to the magistrate with an application to cancel the decision. The reasons, in principle, can be any, but, of course, reasonable. As a standard basis, one can refer to disagreement with the amount of the bank's claims to be collected.

At first glance, their loan programs are very profitable, but they are fraught with pitfalls, which, if you encounter them, will have very unfavorable consequences. This approach already allows the bank, when “knocking out” the loan debt, to make a choice not in favor of the court, but in favor of the collection company. The leadership crown among such banks is rightfully shared by:

• Russian Standard Bank
• Tinkoff Bank.

Benefits of banks in court When a bank sues a debtor, we believe that the bank will definitely win. But this is far from true. Oddly enough, sometimes debtors need litigation more than plaintiff banks.
If these payments are not made, then the bank may insist that the debtor be recognized as a fraudster. However, even if you pay 200 rubles on the loan, this will only be self-consolation, because if the bank wants it, it will insist on its own.

And of course, despite paying the amount, even 20 kopecks less than the monthly payment amount, the borrower will still be classified as a debtor and will be subject to all the standard actions that are usually applied to debtors. If you pay 200 rubles on a loan, this will not save you from calls from the bank, from moral pressure, from selling the debt to a collection agency, and therefore from the court.

But should you be afraid of going to court if you have no money to pay the loan? It may happen that the court will become for you, on the contrary, the solution to all problems. Read: Why banks are in no hurry to go to court.

A person may be left without a source of income, for example, due to loss of ability to work or work. In such circumstances, you have to look for a legal way not to repay the loan. From this article you will learn after how many years the loan debt is written off and from what moment the countdown begins.

Banks are in no hurry to write off the debts of their clients. Before canceling the debt, they will do everything possible to repay the debt, collect interest and force you to pay a fine. And there are enough methods to influence the defaulter: filing a statement of claim in court, selling the debtor’s property, withholding part of the debt from wages, reselling the debt to collection agencies, demanding loan repayment from guarantors.

The legislation on civil cases establishes a time frame for filing a claim in court. This period is three years. This means that only during this period the plaintiff (financial institution) can sue the debtor.

After the statute of limitations has expired, the bank cannot put up for sale the property that was collateral, resell the debt, or write off money from the salary account without the owner’s permission. If this happens, then the debtor can defend his rights in court, accusing the credit institution of misappropriating property in an illegal manner.

Where does the countdown begin?

After how many years do banks write off loan debts? The three-year period is counted from the moment the borrower learned of the borrower’s failure to comply with its obligations to repay the debt or from the last contact with the debtor. If the next payment is not made on time, the bank finds out this the next day and begins to remind you in accessible ways about the need to repay the debt.

If the lawyers managed to get through and talk to the debtor or notify by registered mail, then a new countdown begins. Although it will be difficult to prove in court that the borrower spoke on the phone or read the letter. That is, the fact of reporting information is called into question.

The limitation period does not begin again if there is a change of lender or borrower. If the borrower dies and the debt passes to the heirs, or the bank has transferred the right to collect the debt to a collection agency, then the statute of limitations still starts from the moment the last payment or confirmed contact with the borrower was made.

In the loan agreement, the bank sometimes writes a clause that states that the statute of limitations, with mutual consent, is increased by several years. When collecting debt, collectors sometimes focus on this point. But it is illegal because it contradicts the Civil Code. If the debtor does not apply in writing to the court with a request to take into account the expired statute of limitations, then when considering the case it will be assumed that the defendant agrees with the increased period.

How it happens in practice

Theoretically, you can be in debt to the bank for decades. If within three months the credit institution fails to agree on payments, it files a claim in court. Each contact between the debtor and the bank will reset the countdown of the statute of limitations.

The bank often receives an order to collect the debt from a magistrate (in this case, the presence of the debtor is not necessary). Bailiffs work on the basis of a writ of execution. They will come to the debtor’s house and inventory his property. If the borrower has no property and income, and the apartment where he lives is his only real estate, then the bailiffs issue a decision to suspend legal proceedings due to the impossibility of collecting the debt.

The bank may submit a writ of execution for execution within three years after receiving this resolution. And this can continue until the borrower has income or property that can be seized and sold to pay off the debt.

From the date of delay or incomplete repayment, the bank charges a penalty, which is significantly higher than the interest rate. Therefore, if the bank does not remind you of the debts, this does not mean that it is not informed; perhaps the inaction is deliberate. From the moment the statement of claim is filed, the accrual of penalties is suspended.

In court, the defendant has the right to provide additional information about the financial situation or other relevant information. You can apply to reduce penalties and fines, which will be partially or fully implemented. If during the trial no fraud is discovered, and the circumstances due to which the debt has ceased to be repaid are considered valid, then the bank will still be obliged to write off the debt.

Ways to cancel debt

The loan debt is canceled if:

• the borrower has died or is considered missing, and the heirs did not want to enter into inheritance rights;
• the loan was taken using a fake passport (this is a crime);
• There is a court ruling that refuses to pay the debt because the defendant is declared bankrupt, the deadline for filing a claim in civil cases has expired, the transaction has been declared invalid, or legal norms have not been observed when drawing up and signing.

A person will not be able to pretend for three years, hiding from bank employees, bailiffs and law enforcement agencies, that he knows nothing about the outstanding debt. The only legal way to achieve debt forgiveness is through bankruptcy proceedings.

Why doesn't the bank sue for non-payment of the loan?! When a bank sues a loan debtor, the defaulter is immediately notified of this by a summons.

However, if the defaulter does not contact for a long time, interest accumulates, and the creditor still does not resolve the conflict in court, then he has reasons for this.

First of all, this is unprofitable for the lender himself. By submitting an application, he thereby terminates the contract - which means that the borrower will have to pay the amount of debt that he had accumulated at the time of filing the application.

In addition, the legal process can be drawn out for an arbitrarily long period of time - and it is in the interests of the loan recipient to constantly postpone and reschedule it. So bank employees are in no hurry to apply to the courts to collect the debt.

When does a bank sue a borrower?

Filing a claim against a willful defaulter does not depend at all on the amount of debt - the main role is played by the period of delay.

However, even with global delays in payments, the lender will not sue the defaulter if the loan amount was minimal, because legal costs may turn out to be disproportionately greater than the unpaid loan.

A trial should be expected for those individuals who borrowed substantial amounts of money - and did not pay either the amount or the accrued interest.

Why is it unprofitable to sue a bank against a defaulter?!

In addition to the above reasons, there are several other reasons not to go to court:

• . In this case, the creditor receives about 30% of the amount owed and can cover part of its costs, while legal fees can lead to even greater expenses. In addition, collectors, acting on the edge of the law, are much more persistent in extorting money from the debtor, which in almost 100% of cases leads to repayment of the debt. If the collectors turn out to be powerless, then the creditor can go to court, and during this time the debts of the defaulter can grow to unimaginable heights - and if the recipient of the loan loses, he will have to pay everything;
• No loan agreement. This happens if the borrower issues a credit card - it is usually simply sent by mail. In this case, the designer does not sign any additional documents. In this case, it will be quite difficult for the lender to prove anything, so such debt is simply transferred to a collection agency. Due to the fact that some debtors are more afraid of collectors than bailiffs, this scheme works;
• Benefit. Credit institutions have the opportunity to charge interest and penalties on the loan issued for three years. But after three years, the statute of limitations for claims approaches, and most banks at this moment sue their debtors. Therefore, a few months before the end of the three-year period, a persistent defaulter may receive a summons. Each case in this situation is individual and depends on the amount of money and how much compensation the creditor needs to receive.

If the borrower does not know why banks do not sue loan debtors, you can independently contact the organization’s employees and try to resolve the conflict in advance.

How to force a bank to go to court?!

It is almost impossible to force the creditor to write a statement - this process is extremely unprofitable for him. However, instead of entering into an open conflict, you can write to the organization’s address with a request to collect credit debts as part of legal proceedings.

This does not guarantee a 100% claim to the court, but it definitely guarantees the suspension of fines for late payments.

The letter is written in any form, and the general scheme looks like this:

• The header indicates the name of the bank to which the borrower is applying, and the full name of the debtor with his status;
• The body of the application states:

1. Contract number;
2. Reasons why a person cannot repay a debt on time (this includes only significant reasons: serious illness of the borrower himself or a close relative, loss of work, unforeseen circumstances beyond the control of the debtor and resulting in the impossibility of timely payments (this includes wars, local conflicts, natural disasters );
3. The opportunity to pay the bank in installments can also be indicated in the application - the creditor will most likely accommodate it;
4. The intention of the loan recipient to resolve the conflict and repay the debt;
5. Request to suspend the accrual of late fees;
6. An indication of readiness to resolve the dispute in court.

• Date, signature.

It is better to personally take the completed application to the bank office, register it and request a copy of the number. Another option is to send the application by registered mail with notification - that is, the applicant will know for sure that the bank employees accepted the letter.

A written response can be received within two weeks, and if the lender does not receive it, you can demand an explanation from the lender. Such a statement can be drawn up in advance - even if the borrower has not yet fallen behind on the payment, but knows that he will not be able to pay the amount on time, it is better to prepare for possible problems and resolve the conflict in advance.

How to win a lawsuit with a bank?!

“The law is harsh, but it is the law” - and winning the case is quite possible. To do this, you need to take into account several nuances:

• Clarify all the details of the case. If a financial organization nevertheless goes to trial, there is no need to avoid contacts with representatives of the law. In addition, the debtor should regularly meet with bank employees and demonstrate his own intention to resolve the problem;
• If the delay arose as a result of some objective circumstances (deprivation of work, illness, maternity leave, for men - military service), then all documents evidencing this should be collected and presented to the court;
• Prepare all receipts and checks for the paid debt - this will allow you to prove that no one avoided regular payments of funds and regularly paid off the debt as long as such an opportunity existed;
• If a person has already approached the lender with a request for restructuring, but was refused, this document must also be attached to the papers filed with the court.

To win a dispute with a bank in court, you need to demonstrate your own good faith and a desire to resolve the matter peacefully - this will win over not only representatives of the financial organization, but also representatives of the law.

In this case, you can count on a significant reduction in payments. However, it is pointless to hope for a complete write-off of the amount - usually the remaining debt is simply split into smaller amounts and the repayment period is extended over a longer period.

What to do if there is no way to pay off the debt?!

If the borrower for some reason cannot make the monthly payment on time. He can personally contact bank employees and ask for a deferred payment. Not every financial institution is ready to meet its clients “just because”.

Therefore, you will have to provide compelling evidence that the debtor really cannot repay the debt on the specified date of the month.

Some companies are ready to provide their clients with credit holidays - but you shouldn’t abuse the service, just as you shouldn’t lie about your difficult financial situation if your salary is simply delayed at work.

It is enough to simply explain the situation to the bank employees - and the borrower will postpone the payment date to another day. In addition, as one of the options available to other banks, this action will reduce the interest rate and accrued fines, and will also help pay off the debt in a timely manner.

Rating of banks that most often sue defaulters!

• Home Credit Bank became the leader in litigation with debtors;
• In second place - ;
• Alfa Bank;
• Gazprombank;
• Sberbank;
• VTB 24;
• Raiffeisenbank.

These financial organizations are ready to resolve conflicts with debtors in court. However, there are also banks that almost never sue borrowers, but their methods of debt collection often go beyond the law.

These are Russian Standard, Tinkoff, Renaissance and some other financial organizations. Therefore, when concluding an agreement, you should carefully read all the clauses, especially those written in small print - usually this is where the possibility of transferring debts to collection agencies is indicated.

Should you be afraid of going to court with a bank over a loan?!

Often this is the only opportunity for the debtor to pay the creditor, especially if the financial situation is not going well. It is worse if the debt is transferred to collectors - despite the fact that these companies are now subject to strict restrictions and fines, they still act with moral violence towards debtors.

The trial, in turn, will make it possible to reduce late fees or completely remove interest from the loan - then all that remains is to pay off the body of the loan.

Often the amount of debt can be reduced by almost half. Therefore, for a borrower who is unable to repay the lender, such a scheme will be most beneficial.

If, after a serious delay, the debtor has never been contacted by representatives of the financial institution and he does not know why the bank does not sue for non-payment of the loan, it is time to take the situation into his own hands.

If the lender does not file a lawsuit within three years, then after this period the debt is written off, and the financial institution will no longer be able to return its funds. The main thing is that no one has the legal right to threaten debtors, not even the collection department!

If such a situation arises, the defaulter may sue, and the bank will have to pay a substantial fine with compensation.

Due to the economic “shake-up” at the end of 2014 - beginning of 2015. Many bank borrowers have had serious problems paying off loans, especially those taken out in foreign currency. Well, in addition to new “problem” debts, on the balance sheet of each bank there is a certain percentage of loans that have not been serviced by clients for more than a year.
But at the same time, the bank’s security service, as well as call center employees hired by financial institutions, usually only bother debtors with phone calls demanding a refund. At first, the employees try to find out what is causing the delays in payment and try to get your word that the debt will be paid in 2-3 days. They need this so that they can understand whether the borrower has the ability to repay the debt or not.

The second stage begins a little later - bank employees begin to scare defaulters by going to court. And despite the fact that the financial structure defends its completely legal claims, which means that the chances of a positive consideration of the case are almost 100%, creditors are in no hurry to go to court. What are they waiting for?
Let's start with the most important thing. A bank is a commercial organization that makes money out of thin air. Therefore, the longer the borrower does not pay his obligations, the greater the amount of penalties and fines that accumulate on the loan. The borrower, purely theoretically, has time to repay his financial obligations, and the bank has time to earn the maximum from them.
Thus, 10,000 rubles can turn into 50,000-70,000 rubles. When the case comes to the end of the statute of limitations (we’ll talk about this a little later), the bank will make a “kind gesture” - it will restructure the debt, “forgiving” part of it and determining a new payment schedule. Naturally, the borrower will happily agree, since for him even such a concession from the bank is an opportunity to avoid litigation. And the bank is, as they say, “in the black”, receiving 40,000-60,000 rubles out of the blue.

Another option is that the bank charges fines and penalties, threatening the debtor with going to court, he begins to pay them, but still - pay or not - the debt does not decrease, since all the funds are used to pay off the fines. And here the borrower himself waits for the bank to sue him, because he understands that for him the court hearing may become the final point in communication with the bank.
The second reason why the bank is in no hurry to go to court is that preparing documents and a bank meeting takes time and money. Why should the bank spend extra money on legal costs, especially if the amount of the consumer loan is small? In the end, such cases are provided for, and expenses on such loans are covered by profits on those loans that are paid on time.

In addition, no matter how much we scold our courts, but according to the law, the debt and all penalties accrued on it cannot exceed the amount of the loan issued by the borrower. And here the court usually takes the side of the debtor, reducing the amount declared by the bank several times. In addition, banks impose many fines in violation of the law, so the court will not take them into account either.
That is, it turns out that in 90% of cases before the expiration of the statute of limitations, it is not profitable for the banks themselves to go to court!

When does a bank sue?
No matter how much the banking structure delays going to court, there are situations when the financial structure has to resort to this last resort.
In the first case, we are talking about situations where the loan amount is very significant and without penalties accrued on it.
In the second, when the statute of limitations for claims, which is three years, comes to an end. That is, if the bank has not taken any action for three years, delaying time and charging penalties to the borrower, then after the end of the 3-year period, it can no longer make any claims against the borrowers. This is the financial risk that a financial structure bears when engaging in lending activities.

Keeping this condition in mind, about six months before the end of the limitation period, banks begin to prepare documents for the court, but this process can begin earlier. Each case is considered individually, depending on the amount of debt, as well as how urgently the bank requires financial resources (if it is going through hard times and needs to pay off deposits, the organization can go to court earlier).

If we talk about the list of structures, then practice shows that some organizations never sue, preferring to increase their own assets for the maximum possible amount of time. And there are banks that more often than others go to court, resolving issues with “problem” borrowers in this way. These include:
— Sberbank;
- Alfa Bank;
— Gazprombank;
- VTB 24;
- Bank of Moscow;
- Home Credit Bank;
— Raiffeisenbank;

Conclusions:
When making financial obligations, always think about how you will pay them, because if you have a debt to the bank, it will not rush to resolve the case in court, but will “stretch out” the term of the agreement for as long as possible in order to charge a variety of debts to the loan. fines and penalties. When the statute of limitations comes to an end, the financial structure will offer to resolve the situation “peacefully” or, considering it appropriate, will sue you and this is its right.
If you are lucky and the bank finds it easier to forget about the debt, do not rush to rejoice. It should be understood that the fact of non-payment of a loan, even on legal grounds, will have a very negative impact on your credit history. If you plan to use credit products in the future, then you should not bring the situation to such a conclusion.