Good afternoon!!! I apologize in advance if I repeat someone else’s topic! The situation is as follows: I took out a loan from Russian Standard more than 10 years ago... The amount was 20,000 rubles. I didn’t pay anything, at first they called home and work, then they stopped talking. During this time I also changed my place of residence, and phone number and job. I had already forgotten about them. And finally it happened! A letter arrived from the Debt Collection Agency, they write that the letter is already repeated, that my contract with BRS has been assigned to them, that I urgently need to contact ASD, they sent a receipt with details and, of course, a list of articles for which they are going to persecute me... Naturally, at first I was terrified, let’s call them, I didn’t get through, panic began, etc. Then I studied the information on your website and seemed to calm down. Please tell me if I understand correctly that the LED has expired, that I need to wait for an attack from the ASD, threats, calls, visits, etc. But, of course, if they go to court, they will declare there that the LED has expired. While on the site, you seem to understand everything and calm down... And then you scroll through it in your head, you start to panic and look around... Thank you for your site!!! Reply from the site site Hello, Sergey. We are glad if the site helped you in some way. The situation is new for sequoia.rf, so it deserves a separate article 100%. The statute of limitations is the ability to legally submit claims to the court and recover any amounts under a loan obligation. The time period for legal entities such as a bank or collection agency is 3 years from the date of violation of each payment under the agreement (Part 1 of Article 196 of the Civil Code of the Russian Federation). Judging by the period you indicated when the loan was issued to you, more than 10 years ago, it is difficult to imagine that it has not expired, and for all payments. LED is never restored for legal entities, as precisely stated in their Resolution of the Plenum of the Supreme Arbitration Court and the Supreme Court of the Russian Federation on February 28, 1995 No. 2/1. Its last paragraph reads: “Courts should keep in mind that the limitation period missed by a legal entity, as well as a citizen-entrepreneur on claims related to his business activities, cannot be restored, regardless of the reasons for its omission.” The bank, realizing that it has squandered the SID, sells off the debt to the collectors for pennies. Previously, agencies were even more illiterate and selected almost everything they could make money on. In addition, they believe, and not without reason, that the majority of Russian citizens are illiterate in terms of their rights, which means they will be able to “wash their ears,” put pressure on them or otherwise intimidate them so that they believe that they still owe them. All articles, and there are usually three of them: 159 of the Criminal Code Fraud, 177 of the Criminal Code of the Russian Federation Malicious evasion of payment of accounts payable and 165 of the Criminal Code of the Russian Federation - are the standard of activity for any collection agency, and now, alas, for the security services of almost any bank. They cannot relate to you. If they pester you, immediately tell them to go to court, and you’ll sort it out there. Visiting groups go to the police and militia and show their “coolness” there if they can. Don't let anyone into your home! You have every right to do this! The police will arrive, and if someone else remains there, which is extremely unlikely, then you can go out and have fun, saying that everything will be considered in a civilized, LEGAL, judicial manner. Another important point if your dialogue turns to LED. Remember that regardless of when there was an assignment agreement (assignment of claims) under your loan agreement, the statute of limitations is not interrupted by this agreement. This postulate is legislatively enshrined in Article 201 of the Civil Code of the Russian Federation: “A change of persons in an obligation does not entail a change in the limitation period and the procedure for calculating it.” Your debt could be “resold” to anyone and as many times as you like; these are all problems for those who buy and sell. The SID began from the moment you stopped paying, I hope you did not send official letters to the bank and did not answer them by mail, because here you can try to portray something else to them in court. It seems that the groundwork of more than ten years has clearly covered all these possible moments. Everything you wrote about what you should do in court is correct. It is advisable not orally, but in writing to inform the court that the statute of limitations has expired, referring to Article 196 of the Civil Code of the Russian Federation, where it is specified at three years, as well as to the paragraph of the Resolution, the details of which are written above, where we repeat, a clear clarification to the courts that legal entities’ IID is not restored under any circumstances. You can also add more about 201 of the Civil Code of the Russian Federation. Judges are not as stupid as we are often told in the media, the main thing is to help them by indicating the norms of the Law, since not everyone knows them exactly, especially with regard to the Resolutions, although they all have consultant-guarantors, and the moments of the IDA are so significant, that they are probably aware of such a point. In addition, you can read the article

What to do if you took out a loan from one bank, but they renamed it, and you don’t have the agreement in hand. It's been 10 years already. And now the collectors are calling and demanding to pay off the debt of 30,000. But at that time I had one payment left of 6,500. Help, please.

Answer

Hello, Oksana.

The statute of limitations has long passed; in accordance with Article 196 of the Civil Code of the Russian Federation, it is three years, so you no longer have to pay anything. However, this period begins to run from the moment of the last payment, that is, the main thing now is not to sign any documents, otherwise the statute of limitations will resume. When communicating with debt collectors, point out to them that the statute of limitations has long expired and send them to court. They, of course, will not go to court, but even if this happens, in court you will simply need to file a motion stating that the statute of limitations has expired. You must understand that debt collectors are not vested with any authority to collect debt; the only legal way is to go to court. Without a court decision, collectors cannot legally do anything to you. In case of threats and extortion on their part, write a statement to law enforcement agencies.

Have you taken out a loan from a bank and are faced with a situation where it has become difficult to pay: have you lost your job or gotten sick? Or even worse: once upon a time, out of stupidity, you vouched for a distant relative, who also recently died, and today you received a subpoena! When does the statute of limitations expire on a loan? Will the bank write off the debt? Is it possible not to pay?

In this material, we will look at the subtleties and nuances associated with the statute of limitations on bank loans and personal cards in Russia.

The statute of limitations on a loan is the time during which the bank can collect the loan through the court. The bank can demand payment of the loan through the court from the borrower, guarantor or assignee. The legal successor is the heir of the deceased debtor.

Below in the article we described in detail how the bank operates in such cases, what property the bailiffs can describe, we gave examples from judicial practice, in one such example a person took out a loan of 100,000 rubles, stopped paying, and after the trial returned it in total complexity 213,608 rubles.

How long is the statute of limitations and from when to calculate it?

The Civil Code states (Article 196) that the general limitation period is three years.

When do you start counting three years? This issue is controversial. Some lawyers believe that each individual payment should be counted separately. Their opponents propose to count from the expiration date of the loan agreement. Still others count from the date of the last payment.

Which one is right? Let's turn to the laws. Article 200 of the Civil Code of the Russian Federation says that it is necessary to count from the moment the party whose right was violated learned about this violation. What does it mean?

The loan agreement contains a payment schedule, according to which the loan must be paid on a certain date each month. As soon as you are late on a payment, the bank will know about it. So, from this day we count three years. For the next payment, the limitation period begins to count as soon as it is overdue, etc.

That is, for each payment the limitation period is considered separately.

Example: Pavel took out a loan of 36,000 rubles for 12 months on February 14, 2015. On the 14th of each month you must pay the monthly loan installment. The first three months: until May 14 inclusive, Pavel regularly makes payments. June 14 is the date of the next payment, but Pavel does not pay or does not pay in full. From this moment on, the creditor already knows about the delay, and the statute of limitations for this payment begins to run.

After a month, the amount of the next payment plus a late fee is added to the amount owed. For this amount, the three-year period is counted from July 14, 2015, etc. (see Table 1).

Table 1: Calculation of the limitation period for loan payments

	Next scheduled payment date	Start of limitation period	When does the statute of limitations expire?
Start of loan	14.02.2015	–	–
Paid	14.03.2015	–	–
Paid	14.04.2015	–	–
Paid	14.05.2015	–	–
Overdue	14.06.2015	15.06.2015	15.06.2018
Overdue	14.07.2015	15.07.2015	15.07.2018
Overdue	14.08.2015	15.08.2015	15.08.2018
Overdue	14.09.2015	15.09.2015	15.09.2018
Overdue	14.10.2015	15.10.2015	15.10.2018
Overdue	14.11.2015	15.11.2015	15.11.2018
Overdue	14.12.2015	15.12.2015	15.12.2018
Overdue	14.01.2016	15.01.2016	15.01.2019
End of loan	14.02.2016	15.02.2016	15.02.2019

Limitation period for a loan for a guarantor

If you signed a guarantee agreement for a loan that was taken out by a relative, friend or other person, and this same person stopped paying the loan, then bank representatives will contact you. They will offer to pay the debt. It’s clear that you don’t want this at all. Let's deal with the issue of limitation of actions for the guarantor.

The guarantee is valid for as long as it is given. This period must be specified in the guarantee agreement. If a specific date is not specified, the guarantee is valid for one year after the end of the loan agreement. If the bank does not file a lawsuit within this period, the guarantee ends.

Here it should be taken into account that this period is preclusive - that is, the obligation itself terminates: it cannot be restored, interrupted or counted again.

Even if the bank sues the guarantor more than one year after the end of the loan agreement or after the period specified in the guarantee agreement, then it is necessary to declare the termination of the obligation, referring to clause 6 of Article 367 of the Civil Code of the Russian Federation.

In practice, there are situations when the loan agreement is still valid, but the borrower dies before fully repaying the loan. What awaits the guarantor in this case?

Limitation period for a loan from a deceased borrower

It all depends on the terms of the guarantee agreement. And there are two options:

1. If the guarantee agreement contains a clause stating that the guarantor agrees to be responsible for the new debtor in the event of the death of the debtor, then the guarantee does not terminate. And after the legal successor (heir of the deceased debtor) is identified, the guarantor will continue to be liable under the agreement, but for another person.
2. If the guarantee agreement does not contain a clause stating that the guarantor agrees to be responsible for the new debtor, then after the debt is transferred to another person (the heir of the deceased debtor), the guarantee is terminated.

If the debtor dies, this does not affect the term of the guarantee. It is valid for as long as specified in the agreement or a year after the end of the loan agreement.

Statute of limitations on credit card

For a credit card, just like for a loan, the statute of limitations is three years. Bank agreements for the provision of a credit card usually do not contain a payment schedule. However, the terms of the agreement stipulate that the debt must be repaid in parts.

For example, the following wording: “the borrower is obliged to repay at least 10% of the used credit limit monthly no later than such and such a date.”

If the next payment is not made, the bank learns about it (it becomes aware of the violated right), and accordingly, the statute of limitations begins to run from the date of delay.

The limitation period may be interrupted

The limitation period may be interrupted and the three years will have to be counted again - in this case the bank will have an advantage. This will happen if you:

• write an application for a loan extension or deferment of payments;
• sign – renegotiation of the terms of the loan agreement, in which payments become smaller and the term is longer;
• received a claim from the bank demanding repayment of the debt and wrote a response that they did not agree with the debt;
• and other actions that indicate agreement with the duty.

Attention! If you do not want the bank to be able to sue after the statute of limitations has expired, do not sign any documents acknowledging the debt.

These issues are explained in detail by the Supreme Court in Resolution of the Plenum of September 29, 2009 No. 43 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period.”

There is an opinion: if you deposit any amount to pay off the debt, this will be regarded by the bank as the debtor’s consent to the debt and the statute of limitations will be interrupted.

However, the Resolution of the Plenum states that if the borrower contributed only part of the money, this does not mean that he recognized the debt as a whole, and therefore does not interrupt the statute of limitations for the remaining payments.

In practice, there are cases when the deadline has passed, but the bank still goes to court, what to do in this case?

The statute of limitations has passed, will the bank write off the debt?

Firstly, you should not hope that the bank will miss the deadline and the loan will burn out.

Secondly, the bank can sue you even after the statute of limitations expires. Moreover, the court can satisfy the creditor's request and describe your property. But you can avoid this if you behave correctly. How exactly? We described this in detail below in the section “What to do if three years have passed and the bank has filed a lawsuit”

Third, if the bank does not go to court, then it transfers the right of claim (this is called an assignment agreement). And they will begin to zealously “knock” debts out of you, call your work, call your relatives, play all sorts of dirty tricks, threaten and blackmail. There are still cases where collectors sealed the doors of debtors with glue, painted the walls of the entrance, beat debtors and tortured them like business racketeers in the 90s.

Fortunately, on January 1, 2017, the law on the protection of the rights of citizens of the Russian Federation from unscrupulous collection agencies and microfinance organizations came into force, which is designed to protect debtors from such actions. However, collectors still have instruments of moral pressure.

If you are experiencing difficulties with debt collectors, we recommend reading our materials on how to deal with them correctly:

What to do if three years have passed and the bank has filed a lawsuit

By law, a bank can file a lawsuit even after the statute of limitations has expired. Therefore, do not be surprised if after the expiration of the three-year period you receive a summons.

The fact is that judges themselves do not check the limitation periods until the defendant declares this (Article 199 of the Civil Code of the Russian Federation). It is your responsibility to defend your interests.

All you need to do is tell the judge during the trial that you are asking to apply Art. 199 Civil Code (Application of limitation periods). After such a statement, the court will deny the bank’s claim, and you can breathe easy.

After the court denies the bank's claim, the bank will not write off the loan, even if you receive a salary on the card in this bank, and will not take the property that you left as collateral for this loan.

You can declare the expiration of the statute of limitations not only during the trial, but also in other ways:

• write a written statement (petition) and give it in court;
• send the petition to the court by registered mail with acknowledgment of delivery;
• submit the application to the court office.

If you submit through the office, it is better to write in two copies, on one of which the court office employee must mark receipt. .

Let's look at a few examples from judicial practice that will show how real people behaved in such cases.

Cases from judicial practice

Svetlana appealed the decision of the court of first instance

Svetlana took out a bank loan in March 2011 for a period of one year. For three months she regularly made payments; on the fourth, due to personal circumstances, she stopped paying the loan. She made her last payment in June 2011.

In October 2016, she received a summons to appear in court. As it turned out, the bank filed a lawsuit to collect the debt on the loan - principal, interest, late fees for the entire period from June 2011 to October 2016. Svetlana fell ill and did not appear in court. The judge decided in favor of the bank - to collect the entire amount of the debt.

Svetlana filed an appeal - she appealed the decision to a higher court. She referred to the limitation period and asked the court to apply Art. 199 Civil Code. The appeal court agreed with her arguments and overturned the decision of the trial court - it decided to reject the bank's claim.

Yakov reduced the amount of debt

In September 2017, the bank filed a lawsuit against Yakov for collection of overdue loan payments. The debt was calculated from September 2013 to September 2015.

In court, Yakov stated that he did not agree with the bank’s calculations and provided his own. According to his calculations, from September 2013 to September 2014 (three years before filing the claim), the statute of limitations expired.

The judge agreed with Yakov's arguments and ordered the bank to recalculate the amount of the debt. As a result, the court decided to collect the debt only for the period from October 2014 to September 2015.

These examples are provided solely so that you understand how to behave in court if such situations arise. But this does not mean at all that you can not pay the loan. Let's look at why further.

What happens if you don’t pay at all?

If for some reason you decide not to pay your loans at all, then this threatens you with the following unpleasant consequences:

• you will ruin your credit history and taking out new loans in the future will be problematic for you;
• the debt will grow - interest and late fees will be added;
• if not a single payment has been made, then such actions can be regarded as fraud, and this is already criminal liability (Article 159 of the Criminal Code of the Russian Federation);
• Bailiffs can prohibit you from traveling abroad; for this you do not have to have millions of debts; a debt amount of more than 30 thousand rubles is enough.

If you decide not to pay the loan at all, the bank will harass you with calls and complaints. Bank security officers will send SMS and write on social networks, including to your friends. Simply changing your SIM card is not enough to get rid of moral pressure.

The most unpleasant thing is that they will call all the phone numbers they find. Including your friends, relatives, colleagues. The mother, mother-in-law and boss find out about the debt. Yes, according to the law, banks and collectors cannot threaten debtors and mislead them, but in some cases this is not required. The goal of bank employees is to achieve payments by acting on nerves, conscience and family feelings.

Life story:

Masha gained credits. At first, I missed one payment due to the fact that I did not calculate my salary correctly and spent it on new clothes, although I had to pay off the loan first. Then I missed another payment. The debt began to grow like a snowball. As a result, the girl gave up on loans.

After some time, collectors began calling. At first they interacted with her politely. Then they began to scare me with courts and bailiffs. Masha promised to pay, even made some payments, but she never covered the entire amount of the debt. Collectors began to increase pressure, found her parents’ phone numbers, began calling them, scaring them that they would take the apartment because of a small debt.

The debtor’s mother, unskilled in legal matters, got scared and began to put pressure on her daughter worse than the debt collectors. It’s one thing when you ignore debt collectors and don’t respond. you block their phones. But it’s much more difficult to hide from your parents’ anger.

The next step is for the bank to go to court or involve debt collectors.

If the bank sues within the statute of limitations, the decision will not be in your favor. The debt will have to be repaid, only a penalty will be added to it for late payments, legal expenses of the bank, etc.

When the decision comes into force, bailiffs will come to you to describe the property in order to sell it at auction and repay the debt to the bank. If there is not enough property, a document - a writ of execution - will be sent to your place of work. A certain portion (up to 50%) will be withheld from each salary and transferred to the bank.

If you are not officially working and there is no property, then the bank will periodically send a writ of execution to the bailiffs, until your retirement. After you become a pensioner, the writ of execution will be sent to the Pension Fund and will be withheld from your pension.

Case from practice:

Gennady took out a loan - 100 thousand rubles at 20% per annum for a year. Each month, according to the payment schedule, you need to pay 9,263 rubles. The total overpayment on the loan for the year is 11,159 rubles. Quite an acceptable amount. But that would be if Gennady paid regularly. However, after five months he stopped paying. As it turned out, the loan agreement included a clause regarding penalties for missed payments - 0.5% per day (!) of the debt amount.

A year later, the bank filed a lawsuit. The total amount of the claim was 152,379 rubles, of which 87,538 rubles were penalties for late payments. Plus, court costs (state fees) were added to this amount - 4,248 rubles.

The court satisfied the bank's demands. Plus, the bailiffs collected an enforcement fee from Gennady equal to seven percent of the collection amount - 10,666 rubles.

But before that, Gennady had already paid 46,315 rubles when he paid regularly. It turned out that he took 100 thousand rubles from the bank, and returned a total of 213,608 rubles. To do this, he had to sell the car.

There is no need to wait for the trial. If difficulties arise: you lost your job, got sick, and you need to pay the loan, agree with the bank on deferment or installment payments, and do not wait until the debt grows like a snowball or collectors call.

With what debt will they not be allowed to go abroad?

If the amount of debt in the writ of execution is 30 thousand rubles (from October 1, 2017, previously - 10 thousand rubles) or more, then keep in mind that most likely you will not be able to vacation abroad, since the bailiff imposes a restriction on departure from the Russian Federation - sends a corresponding decision to the Border Control Department.

This resolution is valid for six months. If the debt is not paid within this time, the bailiff will issue a new order.

But even if the amount of the debt is less than 30 thousand rubles, but more than 10 thousand, then after the writ of execution is received by the bailiff service, the debtor is given 5 days to voluntarily pay the debt. If after these 5 days plus two months the debtor does not pay the debt, then the bailiff also has the right to restrict travel abroad. Moreover, the amount can consist of different writs of execution. That is, in this case, to restrict departure, an amount that exceeds only 10 thousand rubles is sufficient.

Is it legal to transfer debt to collectors?

Please note that the expiration of the statute of limitations does not prevent the bank from selling the debt to collectors. Moreover, this is common practice. Of course, banks, as a rule, do not wait until three years have passed, but get rid of problem assets earlier.

There is a lot of conflicting information on the Internet that transferring debt to debt collectors is illegal. Allegedly, this is a violation of bank secrecy and the law on personal data.

Let's figure it out.

It all depends on the terms of the documents that you signed at the time of receiving the loan: the loan agreement and consent to the processing of personal data and on the date of receipt of the loan.

If you took out a loan before July 1, 2014, then the loan agreement and consent to the processing of personal data must stipulate that the borrower is not against transferring data to third parties. Then the bank can transfer the debt to collectors according to the law.

On July 1, 2014, a law came into force according to which the bank can transfer debt to third parties, even if this is not specified in the agreement. It is enough that the contract does not directly prohibit such actions (Article 12 of the Federal Law “On Consumer Credit (Loan)).”

If you find that the debt was transferred to collectors illegally, complain to Roskomnadzor. To file a complaint:

1. A form will open for you to fill out - fill it in with the requested data (full name, subject of application, email, place of residence).

Screenshot 2

1. Describe the situation – briefly, concisely, to the point, without emotion.
2. Attach supporting documents: loan agreement, written demands from collectors or recordings of telephone conversations.
3. Enter the security code, click the send button.

In what cases can a debt not be paid by law?

There are no legal reasons why you can simply take out a loan and not pay it off. It is better not to trust companies that promise to help you cancel your loan. But there are cases when the law is on the side of the debtor:

• the statute of limitations on the loan has expired, and the court rejected the bank’s claim due to the expiration of the term;
• the bank wrote off the debt as bad: in practice, such cases are extremely rare - it is easier for the bank to sell the problem asset, especially since the law does not oblige banks to write off debts;
• a written agreement was concluded with the bank, where the debtor agreed to pay part of the debt, and the bank agreed to write off the rest;
• if an insurance contract was concluded and an insured event occurred, for which the insurance contract provides for the condition that the balance of the debt is paid by the insurance company.

Example: The insurance contract states that if the debtor becomes disabled, the loan balance is covered by insurance. In order for the insurance company to pay the balance of the debt for you, you need to send it a notice of the occurrence of an insured event. In response to the notification, the insurance company will provide a list of documents and further actions.

Answers to frequently asked questions:

A year ago, the debt was transferred to collectors; how is the statute of limitations calculated in this case?

Answer: Transferring the debt to collectors does not affect the limitation period.

How is the statute of limitations calculated for late loans?

Answer: for each late payment, the limitation period is calculated separately.

Consumer loan debt from nine years ago. Should I give it away?

Answer: Only if a decision is received in favor of the bank to collect the debt from you, and you will not be able to appeal it. In other cases, the decision is yours.

The statute of limitations on your loan is running out and collectors are starting to bother you? What to do?

Answer: Offer to meet in court. If the statute of limitations has passed, then declare this in court, and according to the law, no one will demand anything from you.

Conclusion

1. Calculate your options before taking out a loan.
2. If you cannot pay the loan due to illness or job loss, carefully read the insurance contract, perhaps in this case the debt can be covered by insurance;

Article rating:

We took out a loan of 220 and 90 thousand. We paid for half a year, then there was a delay of 2 months, I received an SMS that the bank had transferred the case to collectors, contact them. We called the collectors and said that we must repay the ENTIRE debt by April 4. During the conversation, the employee said that we were recording the conversation , repeat exactly, return 220 thousand, return 90 thousand under great psychological pressure, this was repeated, as I understand it was written down by them. So, I received a letter from the bank saying that we have a debt, we must pay it within 14 days, or the case will be taken to court, etc.

Lawyer's answer:

Dear Alexander!

In this naturally deplorable story, you are already number 10,000???, who is faced with real and virtual demands for repayment of the loan with interest...

There are no “collectors” here in Russia, just as there are no regulations on “collectors”, on their rights and obligations... this is a made-up foreign term...

But there are naturally thousands of “intermediaries”, and impudent, boorish ones at that, who, for a fee, “knock out” for Banks and not only debts from borrowers and other debtors by various methods (frequent telephone calls, SMS, letters with dangers, etc. .).

What can (and should) you do?

1. Calm down...

2. Take a close look at the loan contract again... and the schedule of monthly payments.

3. Estimate + - how much you paid the Bank for the loan and interest on it...

4. Estimate + - how much debt you may have on the loan, interest and maybe penalties (this can be seen from the contract and repayment schedule).

Collectors, and more than one, are demanding the return of a 10-year-old debt. They call from different offices. There is no legal basis, no

Good afternoon Collectors, and more than one, are demanding the return of a 10-year-old debt. They are calling from different offices. There is no legal basis, no documents. I want to ask:
Is Federal Law 152 On Personal Data, issued in 2006, violated (2004 agreement)
How to properly file a claim (warning) to debt collectors
Thank you!

Lawyer's answer:

There is no point in entering into dialogue with debt collectors and sending them complaints. Write a statement to the police that unknown persons are extorting funds from you
Ignore them, they are the most common. The statute of limitations has long been passed (Article 196 of the Civil Code of the Russian Federation), and therefore even in court they will not achieve anything

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The collector demands a refund

Hello! I had a debt to the bank of 100 thousand rubles. The bank sold this debt to a collection agency. The bank gave me a paper stating that I did not owe him anything, but owed it to the new creditor, a collection agency. I turned to a lawyer, an anti-collection agency. The lawyer tried for six months to negotiate with them to reduce the amount of debt, but was unable to do so. Now he wants to sue to recognize that the transaction is between the bank and the collection. not valid by the agency. If the court finds it invalid, will I owe the bank anything?

Lawyer's answer:

You should not trust either a lawyer or debt collectors.

You shouldn’t pay collectors just like that, they will milk you for the rest of your life.

Let the collection agency sue you, in court you will ask to apply Article 333 of the Civil Code of the Russian Federation, you will say that the penalty is disproportionate, and penalties and fines will be significantly reduced.
Hello. You don’t need any court, it’s a dishonest lawyer who wants to do the work for himself in order to get money from you. Look at the contract, maybe the statute of limitations has already expired.
Business with the bank and with those who call themselves collectors should be structured as follows:

1. You should blacklist any collector’s phone number and never pick up the phone again. Rostelecom and other operators also have a “black list” service.

2. Debt, nevertheless, remains a debt, therefore it is better to pay it off. If you think the interest rate is high, you should contact other banks to refinance the debt (lower the interest rate).

3. If there is a court decision against you, hurry up to contact the court that made the decision with an application for installment payment of the debt and immediately transfer to the bailiff service a copy of your application with a note from the court about its acceptance.

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Collectors demand debt repayment

Good afternoon, my husband died in 2011! The bank transferred his debt to collectors. I did not sign any documents for the loan and did not enter into an inheritance, since there is no inheritance. The apartment is not privatized. The EOS collection agency constantly calls, threatens, and demands to repay the debt. They threaten that they will come with bailiffs to seize the property. Tell me what to do. I sent them the documents by registered mail (a copy of the death certificate, from the notary that they did not enter into an inheritance, and a certificate that it was not privatized

Lawyer's answer:

Since you did not accept the inheritance, therefore you should not be liable for the debts of the testator. Threaten the collectors that you will contact the police with a statement about extorting money.
Natalia, Ufa!

ASSIGNMENT OF THE RIGHT OF DEBT CLAIM by the Bank in favor of Third Parties could be carried out only after the written sending to you of the Notice “On the assignment of the right of claim”, together with the ORIGINAL Contract for the assignment of the right of claim with original signatures and wet seals, written notification of you about the assignment of the debt.

In addition, there is currently NO Federal Law “On collectors and collection activities in the Russian Federation.”

DO NOT transfer any documents to them and DO NOT negotiate with so-called collectors.

I wish you good luck Vladimir Nikolaevich

Ufa 01/23/2013

13:02 Moscow time

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My phone number is receiving calls and messages demanding repayment of the debt from the organization LLC NBC. Case

Good evening! My phone number is receiving calls and messages demanding repayment of the debt from the organization LLC NBC. The fact is that they demand to pay for a person whom I don’t know at all and in my environment there is no such person with that last name at all, now I’m on maternity leave and don’t communicate with anyone for such acquaintances to appear. No matter how I tried to explain that I don’t know such a person, they still call, and they call 15-20 times day and night. Where should I go? I don’t want to change the number because it’s not my mistake.

Lawyer's answer:

A statement to the police.

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A debt has formed to the bank, and collectors are calling and demanding the debt be repaid. But I have nothing to pay, barely enough money

Hello, I took out a loan for a business 1,000,000 a year later, the business began to decline because the profit began to go to the treatment of a 3-year-old disabled child. A debt to the bank arose, collectors called and demanded to repay the debt. But I have nothing to pay, barely enough money to provide for my family. I was thinking about declaring myself bankrupt in court, maybe this will help, I have one apartment, or rather the second share of my sister, she is 14 years old. She is an orphan; our parents died in 2010. Her aunt took custody of her. Therefore, there is nothing to take from me. What should you advise?

Lawyer's answer:

In your case, or write an application for loan restructuring, if the banks refuse to restructure and you have arrears, wait for the banks to go to court. In court, according to Art. 333 of the Civil Code of the Russian Federation, you have the right to file a petition to reduce the penalty, thereby reducing the debt to the creditor. The courts usually accommodate borrowers halfway.
According to the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights,” the assignment of rights of claims to collectors is prohibited, unless otherwise provided for in the lending contract. If you are threatened by debt collectors, then you must contact the police with a written statement of extortion in accordance with Article 163 of the Criminal Code of the Russian Federation.

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They are calling from Vostok-Finance, demanding to repay the debt for a loan taken out to Home-Credit 7 years ago. This loan was on time

They are calling from Vostok-Finance, demanding to repay the debt for a loan taken out to Home-Credit 7 years ago. This loan was repaid in full on time. What to do?

Lawyer's answer:

Collectors are impudent and unceremonious people, but at the same time, in principle, they have no rights. All that they allow for themselves is what you allow them. Entering into negotiations with them means giving them a reason to believe that they can “press” you.
Contrary to what they say, these people DO NOT HAVE THE RIGHT:
— enter your home;
— inspect, outline or seize your property or accounts;
- prohibit you from traveling outside the borders of the Russian Federation or arrest you;
- take your children away from you, deprive you of parental rights, fire you from your job.
Do not enter into communication with the person who called you, do not call yourself, if calls come to your mobile phone, block incoming calls from these numbers. Do not agree to personal meetings, but you can invite them to file a claim in court (claims are filed according to the rules of Articles 131, 132 of the Code of Civil Procedure of the Russian Federation). These persons cannot do anything to you, but if they grossly invade your privacy, write a statement to the prosecutor's office or the police.
While there has not been a trial and an enforcement agency has not been initiated based on a court decision that has entered into force (Art.

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Is it legal for me to be asked to repay other people's debts?

Good evening!
Please advise on the following issue:
My husband, with whom we have not lived in the same place for 10 years, but are not divorced, took money from the Bystrodengi organization (such as money before payday) and indicated me as an additional contact person without my knowledge. He can’t pay back the debt, so now they call me and demand his debts from me. And today they also sent an SMS saying that if within two days if I don’t pay my debts for my husband, they will come to my home or work
Where should I go so that they don’t pester me and on what basis they can demand money from me, I didn’t sign anywhere and was generally not in the know.

Lawyer's answer to the question: - collectors demand repayment of debt

An application to the police department for the recruitment of persons unknown to you to liability established by law, who, during the period from ... to present time, through telephone calls and SMS from number XXXXXXX to your number XXXXXXX, extract funds from you. You are not in any legal relationship with any creditors... Etc. in detail.

Best wishes.

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Do you want to repay the debt?

I took out a loan from Home Credit and Finance Bank on 03/12/2011 and paid for almost a year. Problems arose in the family - divorce. I received a letter from Creditexpress that they received the status of a new lender and demanded to pay a debt in the amount of 65,000 thousand rubles, although I took out a loan in the amount of 35,900. I'm ready pay but not Creditexpress. They are threatening to come and describe the property and sue. Please help me figure it out, I’m already confused. I have four children calling every day and threatening me. Thanks in advance!

Lawyer's answer:

Don’t pay anything, wait for the trial, in court demand a reduction in penalties and accrued fines

after the court makes a decision, submit an application to the court for an installment plan for execution of the decision

in the end you will have a fixed debt that you will pay every month

If you pay at the moment, then you need to get a certificate of debt from the bank and pay it off in full immediately

otherwise, you will simply pay off the interest, and the debt itself will not decrease, but will only grow

in your case, the best thing is to wait for the trial and not respond to calls.

if creditors could get everything from you through the court, they would immediately turn to it.
but this is not profitable for them, that’s why they intimidate you, counting on your ignorance

With respect, D.V. Lyubeznov

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Is it legal for collectors to collect debts from debtors to a bank if the debtor has not given such consent to the bank?

Hello. Please tell me whether the actions of debt collectors are legal if they call at 10 pm and demand to repay the debt to the bank? What should I do if the debt collector calls and insults and threatens? Are the bank’s actions to sell the borrower’s debt to debt collectors legal if the borrower has not given his consent a jar?

Lawyer's answer:

Hello, Alexander!

The activities of so-called collectors (read: swindlers) are absolutely illegal. Since the assignment contract between the bank and the swindlers is pathetic (illegal), then, according to Article 166, Part 2 of the Civil Code of the Russian Federation, the requirement to apply the consequences of the invalidity of the pathetic transaction can be presented by any interested party. As for threats addressed to you, record them on a tape recorder and run to the police with a statement.

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Collectors call me and demand to return the debt that I had to Alfa-Bank. They say that they bought the debt

Collectors call me and demand to return the debt that I had to Alfa-Bank. They say that they bought the debt. What documents should I demand from them in order to find out about the legality of their actions? Thank you!

Lawyer's answer:

There must be a contract for the assignment of rights (requirement); it can also be called an assignment contract, between the bank and the collection company.

With respect, Tatyana Strokova, Director of Avesta Company LLC

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Every day collectors call from different numbers demanding to repay the debt, but I don’t have the opportunity since I was fired from my job

Every day collectors call from different numbers demanding to repay the debt, but I don’t have the opportunity because I was fired from work for health reasons, they communicate with me in a rude manner and threaten that they will come home and inventory the property, I’m afraid that they won’t call my relatives if they suddenly come home what should I do? I have a small child in my arms, I’m afraid that she won’t be scared, and the collectors also call me stupid

Lawyer's answer:

Don't react to them, all they can do is go to court

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Collectors are demanding repayment of a debt that does not exist and did not exist.

Good afternoon For several months, in the evenings (after 10 p.m.), collectors from Moscow began calling my mother on her mobile phone, demanding to repay a non-existent loan debt. Moreover, the debt itself was attributed to a complete stranger and they called my mother, thinking that she was the same debtor. Talking in a good way does not help, they say, there are no such people on this phone and there never were, please do not call again, they have no reaction. Everything continues again the next day. The collector who calls refuses to give his full name, managed to get only the name of the agency out of him, threatens with an article for harboring the debtor, insults, humiliates, tries to silence him during the conversation.

Lawyer's answer:

Write a statement to the territorial police department.

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Collectors demand a loan back, is this legal?

03/12/2006 I entered into an agreement with Sibakadem Bank OJSC for 24 months. I paid regularly for 12 months. Then I lost my job. The first letter I received was a letter from local collectors demanding to collect the debt from me. I refused and sent it to court. 7 months passed. I received a second letter . 05/12/2012 from OJSC PKB Khabarovsk with three repayment options. 1) Voluntary repayment by payment, Amount 31,665 rubles, discount 13,570. 2) voluntary repayment according to schedule 3,204. discount amount 6,785.3) repayment through a bailiff amount 64959.28 for forced collection.

Lawyer's answer:

Natalia. I didn’t quite understand the duration of the contract and the type of loan product. But if I remember correctly, the statute of limitations has passed. And you will be able to ignore demands for debt repayment, especially from collectors. If an enforcement action has been initiated, then communicate only with the bailiffs. http://advokat-kr.ru/

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