I received a letter from bailiffs regarding a loan, what should I do? If a borrower does not pay debts for a long time and avoids contact with the lender, bank employees can choose two ways to solve the problem.

The first is the transfer of debt to collectors. The second is going to court and collecting debt with the help of bailiffs. Contrary to popular belief, it is the second way that is the more rational way to solve the problem.

Usually citizens do not know that in this case the problem can be resolved in favor of the borrower who is unable to repay the debt.

Why is court proceedings better than debt transfer?

The collection department at a bank often intimidates defaulters by going to court, but in reality this outcome is beneficial to the borrower - primarily because it will save money.

Participation in the trial provides several advantages:

• Fixation of debt: after the publication of the court document, interest on the loan will not accumulate. Only the amount specified in the decision is subject to recovery;
• Gradual repayment of debt. After the verdict is announced, the borrower will be able to pay the lender gradually, without pressure from collectors;
• By a court decision, most of the interest and fines can be written off: in some cases, the borrower will need to pay only the body of the debt and legal costs, without accrued interest;
• The executive bodies act legally, which means that the debtor does not have to fear for his health and the safety of his property.

That is why a lawsuit, even if lost, is a serious help for a debtor who cannot pay the bank in the near future.

Within 10 days from the date of the decision, the borrower can appeal it and provide his own evidence of the impossibility of repaying the specified amount (usually loss of a job, personal illness, disability, force majeure circumstances (war, natural disaster, fire) or serious illness of a close relative ). If no appeal is received, the bailiffs will handle the collection.

What to expect from bailiffs?!

You can expect a visit from representatives of executive bodies several months after the trial. You can find out whether the case has been accepted for work and who exactly will work with it on the official website of the performers.

After entering personal data, you can see the exact amount of the debt and the details of the person who will negotiate with the debtor.

If the contractors have the borrower’s contact information at their disposal, they will call him to invite him to a conversation or send a letter to his postal address.

But if the debtor does not get in touch in any way, the bailiffs will go to communicate with him personally.

So, I received a letter from the bailiffs regarding the loan - what should I do? There is no need to panic and try to avoid contact - this will only worsen the debtor’s own situation.

According to Federal Law of the Russian Federation No. 229 with current amendments from 2017, bailiffs cannot appear to the debtor without proper notice and without a copy of the court decision - if they do not provide documents, the defaulter simply may not allow them into the apartment.

If the court was visited and lost, and the debtor knows about the decision and received notice of the visit of the bailiffs, he is obliged to let them into the apartment for an inventory.

Notifications may be sent to the following addresses:

• place of registration;
• place of residence;
• place of work.

The main rule on what to do if you receive a letter from bailiffs regarding a loan is not to panic.

No government employees cannot evict a person from an apartment if this is his only place of residence and he has any benefits.

What can they take away?!

The Federal Law of the Russian Federation “On Enforcement Proceedings” requires compliance with all the rules of procedure for notifying defaulters about the start of proceedings.

Within the framework of the law, executive bodies can:

• seize the personal property of the defaulter;
• sell seized valuables;
• carry out any other legal actions with the seized property.

At the same time, they cannot take away the defaulter’s only apartment, turn off electricity, gas and water supply. At the same time, they can take away all household appliances, furniture and luxury goods - to pay off the debt.

According to the Federal Law of the Russian Federation, bailiffs do not have the right to leave the debtor’s apartment in a condition that does not comply with sanitary standards - that is, they cannot take away the required minimum of plumbing fixtures.

In addition, bailiffs cannot take away:

• essentials;
• items of professional activity with the help of which the main income is made - a computer for a web designer, a camera for a photographer, a lathe for a turner, etc. But only if this is the only item of this kind, if there are two or more of them - only one will be left;
• personal farm animals not intended for earning money;
• means to ensure a comfortable life for disabled people - special cars, wheelchairs, etc.;
• property of another person with whom the debtor lives in the same territory. This is a controversial and difficult point, since under the condition of joint housekeeping, it is very difficult to confirm that the thing does not belong to you.

If an inventory of property is expected, you will have to prepare loan agreements, purchase documents, warranty cards, etc., where another person will be indicated as the owner.

Obtaining a court order

In case of a lost trial, it is important to resolve the problem as quickly as possible:

• You can express objections in court only within 10 days after the verdict is announced, and this period is counted from the date of receipt of the letter, which must be kept along with the envelope;
• Submit an application drawn up in two copies - keep the second one for yourself, having received a mark on it from the office.

If the debtor learns about the court decision from the bailiffs, he needs to urgently appeal this decision and prove that the meeting took place without his knowledge. At the same time, it is recommended to submit an application to the court office to obtain a court order.

If it is impossible to cancel the “absentee” order, you must file a cassation appeal with a higher authority - the supreme court of the region. In the meantime, while the complaint is under consideration, you should contact the judge with an application to withdraw the case from the work of the executive bodies.

If the request for cancellation is granted, within three subsequent days the case will be withdrawn from the work of the executive bodies, and the creditor - in case of non-payment of the loan - the bank - will again go to court with a new claim.

In this case, the court office is obliged to send the text of the claim to the debtor and summon him to a meeting. This means that the defaulter will be able to personally defend his interests and challenge the claim.

What should the debtor do after receiving a notice from the bailiffs?

After receiving a letter of collection, the main thing is not to fall into despair and not try to escape responsibility. If present at the trial and agrees with its decision, the defaulter is obliged to repay the entire specified amount and pay costs as soon as possible.

If the debtor does not have the finances to repay the full amount of the debt, he can go to court to reduce payments: in this case, it is necessary to provide evidence of his own insolvency.

You will have to attach certificates confirming your difficult financial situation to your application, and then submit the entire package of documents to the court at your place of registration. During this meeting, the servants of the law will be able to make a decision in favor of the defaulter.

As a result of the decision, a second letter from the bailiffs will be sent to the debtor’s address - about changing the volume and installment payments.

When the debt is fully repaid, you must independently contact the executive body and provide payment receipts. You need to wait for the reconciliation of payments and, based on its results, receive a certificate of termination of production.

Types of penalties

Chapter 11 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings” provides for essential types of penalties, which we will discuss in more detail.

Collection from wages

The most famous and popular type of recovery, which bailiffs prefer to return to the bank its funds. For the borrower, this solution to the problem will also be the most optimal.

To do this, the bailiffs send a request to the tax office and find out the work address of the defaulter - if he does not provide this data on his own.

After receiving the contact details of the work, a writ of execution is sent to its accounting department - and the employer is obliged to fulfill this requirement.

To reduce this percentage, the debtor must personally go to court. Typically, representatives of the law will cooperate if good reasons are provided for reducing the amount.

Seizure of accounts

As a rule, the seizure of accounts occurs unexpectedly for the debtor - he discovers that the account on the bank card has gone into minus, which is equal to the amount of the debt.

To seize an account, bailiffs contact banking institutions where the defaulter may be serviced. First of all - to the largest banks of the Russian Federation.

When the accounts are found, a writ of execution is sent to the banking organization to seize the account and write off funds in the amount of the debt. Incoming funds are also seized.

This is illegal if accounts with benefits or pensions are arrested - in this case, the debtor has the right to apply to the executive authorities with a demand to lift the arrest.

Seizure of property

This is the same unpleasant extreme that representatives of executive bodies choose if the measures taken are unsuccessful. Even at the initial stage of collection, the debtor’s car will be subject to a ban on registration measures.

They cannot take away an apartment or house if there are shares of minor children there or if the defaulter has no other housing (mortgage real estate falls under the exception).

To seize property, an inventory of valuable items will be made - all property will remain in the owner’s house, but he no longer has any right to dispose of it. If the debt is not repaid, everything described is taken to pay it off.

In addition to these methods of influence, there is another one, which is also used when other options do not work - a ban on traveling abroad. Usually citizens find out about this, as a rule, already at customs. If there is a possibility of such a preventive measure, you can find out about it on the official website of government services.

How to protect your property?!

The best way to protect property from inventory is to pay off the loan on time. But if there is a possibility that the debt will grow and it will not be possible to pay it off, you can play it safe:

• draw up deeds of gift for valuable property to any other person;
• just remove everything valuable from the house on the eve of the arrival of the bailiffs;
• transfer property to another person.

However, it is necessary to draw up deeds of gift and register apartments, cars and dachas before the trial - then the transactions cannot be declared illegal.

No one will take away the only apartment (if it is not a mortgage), so it makes no sense to transfer it to relatives. In the case of a mortgaged property or the presence of a second apartment/country house/land plot, it is possible to protect it from seizure - upon purchase, register it as the common property of the spouses.

During the collection process, the second spouse will be able to file an application for division of property, which will significantly slow down the proceedings. This means that the debtor will be able to pay off the bills before the collection decision appears.

Unfortunately, many citizens who received a letter from bailiffs regarding a loan do not know what to do - and instead of resolving the conflict with the bank at an early stage, they begin to aggravate the problem.

In fact, everything can be resolved quickly and legally. Hiding from creditors and trying to hide your own income is not the best solution.

When considering the impossibility of repaying the debt, many banks offer a loan that will speed up the repayment process and will not have to go to court.

If it is not possible to repay the entire amount of the debt, the borrower must independently come to the bank and

If the creditor is not ready to meet halfway, this can be achieved through the court - and then you will not have to wait for the arrival of collectors or bailiffs, significantly reduce the debt and preserve your own property.

When drawing up a loan agreement, the last thing the borrower thinks about is that there may come a time when the financial situation does not allow repaying the loan debt. However, the most difficult situations can happen in life, the consequence of which will be a loan hanging in the air.

Consequences of delay

The first steps that the bank will take to collect the debt are reminders and telephone conversations. Perhaps employees of the credit department will offer restructuring of existing debt.

But if the borrower does not foresee significant changes in his financial situation for the better in the future, then most often he will not be able to either refinance with another bank or change the terms of the current agreement. The most common behavior of the client is to completely stop payments and ignore the bank.

Then the bank has only two ways out of the difficult situation with a problem loan - selling the debt to a collection agency or judicial collection. Consideration of the claim in court is the best option for the debtor.

Since legal literacy is not the strong point of Russian borrowers, the mere mention of an upcoming trial can cause them to panic. In fact, if the borrower is in a difficult financial situation, this process may be the most effective way out.

Advantages of court for the debtor:

1. Interest on the loan is calculated at the time the bank submits an application to the court - as a result, the total amount of debt is significantly less than what would have to be paid in the usual manner.
2. The borrower has a guaranteed right to file a petition to reduce or cancel accrued fines and penalties, to return the paid insurance premium, and to defer the execution of a court decision.
3. In most cases, it is the court that releases the borrower from a significant part of the debt, leaving only the “body” and interest accrued at the rate specified in the agreement for collection.

It is very important for the client to state his requirements under Art. 333 of the Civil Code (recalculation of penalties). According to statistics, only 10% of all debtors use their rights guaranteed to them by law. But the bulk of the debt consists of penalties and interest on late payments.

Of course, there are also disadvantages. If you have official employment, you may be required to pay 50% of your income monthly to pay off the debt; if you have property, it may be seized and sold.

But the most important thing is that information about this will be entered into your CI, which will lead to problems in the future if you apply for a loan again.

Can a bank win a case without a court hearing?

The bank can exercise its right to obtain a court order to collect the entire debt directly, bypassing the meeting procedure - based on filing an application with the magistrate court. If such a requirement is satisfied, then the order goes into enforcement proceedings.

This “lightweight” option for resolving the issue of collection is extremely convenient for the banking company, but disadvantageous for the debtor. During the process, the borrower can provide evidence that he is currently unable to make regular payments.

It could be:

• discharge from hospital,
• notice of staff reduction at work,
• order of dismissal due to retirement.

In the same case, if there was no meeting, and you learned about the existence of a decision on your case after the fact, then you can appeal it. To do this, within the time limits established by law, an appeal is filed with the body that issued the document with the decision. We talk about this in more detail.

How will the court decision be enforced?

After the decision is made, enforcement proceedings pass to the bailiffs, who must send the corresponding demand to the debtor by mail. And here it is better not to let things take their course, but to actively participate in resolving the problem.

1. Within 10 days after receiving the request, you can submit an application to the magistrate's court to have the execution of the decision postponed for a certain period. Here you can ask for an installment plan to repay loan payments, both for the borrower himself and for his guarantors. In most cases, they will accommodate the debtor if they are convinced that he has no intent to commit fraud.
2. Do not ignore the subpoenas that will come from the bailiffs. Their direct responsibility is to implement the received decision. And in order not to resort to extreme measures in the form of arrest and confiscation of property, it is better for the debtor to voluntarily write an agreement to withhold a certain amount to pay off the debt.
3. If you have official income that you receive in a bank account, this company may receive a letter to block your account or an order to withhold up to 50% of its amount on a monthly basis. Deposits are also seized.
4. If the debt is large, then a procedure for repossession of property may be initiated - this includes almost everything that is registered in your name, or is in your apartment, and is supposedly worth more than 10,000 rubles. If the housing is the only one, they will not be able to take it, however, if it is mortgaged or pledged to the bank, then this rule does not apply to it.

More information on how to sue banks can be found on this page

What conclusions can be drawn?

Litigation with a bank is definitely good for the borrower, because an alternative to it can be interaction with debt collectors who do not stand on ceremony with debtors, extracting debts from them by all available, and not always legal, means.

Before going to court, banks send informational letters to debtors describing legal measures (inventory and seizure of property, threat of criminal prosecution, etc.) Recently, a client contacted us with a request to clarify further actions after receiving such a letter.

A letter came from the bank with a template for a statement of claim for the return of the debt. The bank ignored my requests for debt restructuring or credit holidays. What should I do now?

First of all, you need to understand what follows such letters. If a bank or collection company sent you such a letter, then sooner or later the creditor will go to court with a demand to collect the debt. In this case, the creditor can file both a statement of claim and an application for the issuance of a court order.

In the first case, the debtor will be notified of the date of the court hearing and sent a statement of claim and attachments to it. In the second case, the debtor will not be notified of the date of the meeting, but will only be sent a court order, which can be appealed within 10 days of receipt.

Litigation seems to the debtor to be the last and most terrible solution to the problem of debt to the bank. And many will be surprised to learn that this is not so. Unlike a bank, which will try to collect money from the debtor in any way, the court, when considering a claim, is obliged to respect the rights of both the creditor and the debtor. Consequently, when filing a claim in court, there is a greater chance that paying off the debt will not become an unbearable burden for the debtor.

To maximize the chances of success in legal proceedings, the debtor can be advised to: do not ignore the bank’s message about its intention to sue.

If the bank has sent you a message about its intention to go to court, do not ignore it. Contact the bank again, write an application for a credit holiday or debt restructuring.

Write a review of the claim.

If the bank filed a lawsuit, write a response to the statement of claim explaining the reasons for non-payment of the debt. You can attach copies of applications for credit holidays or restructuring to confirm that you did not sit idly by, but tried to resolve the debt issue.

Ask the court to reduce interest.

Having referred to Art. 333 of the Civil Code of the Russian Federation, you can significantly reduce the amount of interest that accrued during the period of delay.

Ask for payment in installments.

After the court decision comes into force, write an application to the court for an installment payment plan - this will make it easier for you to return the money to the bank.

Not sure that you will be able to defend your rights in court on your own? The Argument Plus Legal Center will solve your problem. Professional lawyers will help protect the rights of the debtor, prepare the necessary documents, and represent his interests in courts of all instances. We will help reduce extortionate interest rates to the lowest possible level, spread out the payment of the awarded amount, and find a common language with bailiffs at the stage of execution of the judicial act.

I didn’t take out a loan or sign any papers. A month ago I received a letter from the bank, which said that I was in debt for a cash loan, plus there was also a delay in payment and the interest was not small. What to do?

Answer

Hello, Ivan.

You need to write a letter to the bank stating that the demands placed on you are unreasonable, since you did not enter into a loan agreement and, accordingly, are not a debtor. In the same letter, ask to provide you with properly executed copies of documents confirming the fact that you have concluded a loan agreement. The contract must have your signature; if it is not there or it is not yours, point this out to the bank. If the bank goes to court to collect the debt, you will ask the court to order a handwriting examination, which will confirm that the signature on the loan agreement is not yours. After this, the agreement will be declared void.

If calls from the bank continue and become intrusive, send them another letter demanding that they stop calling and remove your number from the database, otherwise you will contact the law enforcement authorities with a statement of extortion and interference with privacy and personal life. Send them to court with all demands.

Letters to the bank must be registered by putting a receipt stamp on your copy, or sent by registered mail with acknowledgment of receipt. If demands for debt repayment do not stop, contact the police and prosecutor's office.