In the modern economy, almost all Russian citizens use consumer loans. However, not everyone is able to repay borrowed funds on time. Unexpected job loss, serious illness - not a single borrower is insured against such force majeure circumstances. And the larger the debt, the higher the likelihood that at some point the debtor will be sued and receive a summons requiring him to appear at a court hearing. What to do in this case? How to reduce bank penalties and prevent the court from making an unfavorable decision? If you act clearly and planned, you can correct the situation.

What can a court award for non-payment of a loan?

The first thing you need to do after receiving a summons is to familiarize yourself with the case materials and assess the full scale of the problem. To do this, you must appear at the court office with your passport and write a corresponding statement. After this, you will be provided with all the documents available in the case, including the bank’s claim, from which you can find out how much it wants to recover. In addition, you can view the account statements, loan agreement and payment schedule attached by the financial institution to the statement of claim in support of its claims.

Important! In the claim, you will most likely see that the credit institution, in addition to the principal amount of debt and interest, asks to recover from you all kinds of penalties and penalties, as well as legal costs. As a result, the monetary obligation may increase significantly.

The worst outcome of a court hearing for a debtor is a decision to collect the debt with all the fines accrued by the bank. If the debt is not repaid voluntarily, bailiffs have the right to seize the borrower's property and accounts. Such powers are granted to them by Art. 68 Federal Law No. 229 “On Enforcement Proceedings,” which lists enforcement measures. Thus, the penalty can be applied to things of value, to cash and periodic payments: salary, pension, etc.

Some debtors, fearing confiscation of property, seek to transfer it to relatives or close people. But you should know that such actions may result in criminal liability under Article 159 of the Criminal Code of the Russian Federation “Fraud.”

Stages of trial

Cases in civil proceedings are considered in two stages. First, a preliminary hearing is scheduled, of which the defendant is notified by a summons.

Important! In no case should the borrower hide from the court, as this is fraught with the adoption of an extremely unfavorable decision for him and prosecution by bailiffs. It is better to focus your efforts on building a competent line of defense.

So, the debtor must appear at the preliminary hearing, where the case is prepared for the main trial. Already at this stage, you can explain to the judge the circumstances that led to the impossibility of paying off the loan debt. At the same time, the assessment of all arguments and evidence, as well as the adoption of a final decision, will be made within the framework of the main hearing in the case, the time and place of which the parties will be notified at the preliminary hearing.

How to behave in court?

The court's decision will largely depend on how strong the arguments in its defense are by the borrower and what documents it provides to support its position. The debtor must prove that he is a bona fide client of the bank and only insurmountable circumstances that led to financial difficulties did not allow him to fulfill his financial obligations on time. Of course, every word must be documented. Evidence may include:

• receipts indicating that loan payments have been made;
• a copy of the work book with a record of dismissal;
• a copy of the certificate of incapacity for work;
• a copy of the decision of the Employment Center to recognize the borrower as unemployed;
• other documents confirming that the debtor had good reasons for the delay in making regular payments.

Reduced penalties

As already mentioned, for violation of the terms of the loan agreement and the formation of delays, the bank imposes huge penalties and penalties on borrowers. Sometimes the amount of fines even exceeds the size of the loan itself. To prevent the court from fixing in its decision the amount required by the creditor, the debtor must present competent objections regarding this.

Important! The amount of debt awarded for collection can be significantly reduced by using Art. 333 Civil Code of the Russian Federation. Thus, the defendant may file a petition in court to reduce the penalty for failure to fulfill obligations under the loan agreement on the basis that the amount of this penalty is clearly disproportionate to the amount of the principal debt on the loan.

In addition to this, based on Art. 434 of the Code of Civil Procedure of the Russian Federation, the borrower may ask the court to grant him a deferment of debt payment due to a difficult financial situation or to provide for the repayment of the debt in fixed, acceptable payments. Art. 203 of the Code of Civil Procedure of the Russian Federation allows the court to meet the debtor halfway and change the procedure and method of execution of the court decision.

So, if you get sued for a loan, don't bury your head in the sand and try to run away from the problem. Timely measures taken will make it possible to get out of the current situation with minimal losses. All efforts must be directed towards proving to the court your good faith and desire to repay the debt. In addition, it is necessary to document the existence of force majeure circumstances that led to the delay. As a result, the court may take your position and significantly reduce the total amount to be collected, as well as provide you with an optimal debt repayment schedule.

Of course, it will be difficult for a person who does not have the necessary knowledge in the legal field to independently defend himself in court. In such a situation, it is better to use the services of a lawyer specializing in credit matters, who will not only prepare all the required documents, but also competently defend your interests in litigation.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Questions for lawyers

What is the best way to proceed if you are summoned to court over a loan after 6 months of late payments?

I haven't paid my loan for 6 months. I received a summons to appear in court regarding a loan. Is there any way to delay the trial date? What can be awarded for non-payment of a loan?

Lawyers' answers

Vlasov Andrey

Good afternoon If you cannot appear at the appointed time, ask to reschedule the meeting, providing copies of the relevant documents. It is not in your best interest to ignore the meeting. So, at least part of the penalty, if it was declared, can be reduced. They can collect the entire debt + interest + late fees, or foreclose on the collateral if the loan was secured.

Kiselev Roman

Good afternoon. You can write an application to postpone the court hearing, but only for good reasons.

You will be awarded the principal debt on the loan, a penalty, as well as reimbursement of legal costs (for example: state duty).

If you are unable to pay the full amount under the loan agreement, you can ask the court for an installment plan for the execution of the court decision.

Belyaev Evgeniy

Good afternoon. I agree with what my colleagues answered above. I will only add that in accordance with:

Civil Code of the Russian Federation Article 333. Reduction of penalties

1. If the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty. If the obligation is violated by a person carrying out entrepreneurial activities, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.

Therefore, file a petition in court to reduce the amount of the penalty due to disproportionality. In addition, if we are talking about the presence of collateral, you can raise the question of its assessment. Of course, an appraisal examination costs certain funds, but it will give you a delay in time. The case will be suspended for the duration of the examination.

The court made a decision to collect the loan debt, what next? In fact, for a bank, a court decision on a loan carries no less risks. Even if he wins the case, the court may write off fines and penalties and decide to change the terms of the contract. There is also a risk that the borrower will declare himself bankrupt and the debt will be written off completely. But if the bank’s lawyers know what to do after the verdict is rendered, most debtors do not have this information. What to do if the creditor decides to collect the debt? Is it possible to appeal it and how to pay off the loan debt after the decision is made? And if the bank has charged interest on the loan, can you get it canceled? These details need to be sorted out.

How to cancel a court decision on a loan?

In practice, there are situations when, for one reason or another, a legal dispute over a loan debt takes place without the presence of the borrower. If the court has made a decision to collect the loan debt in absentia, it is possible to cancel it.

the debtor was duly informed about the meeting;

the borrower was properly informed, but did not appear at the meeting and did not inform the court that he had good reasons for this.

If these conditions have been violated, the borrower can cancel the court verdict and the accrual of interest, penalties and penalties.

How to challenge a court decision on a loan? To do this, the interested party, after receiving the court decision, no later than seven days, must submit a corresponding application to the judicial authorities that considered the case. It is important not only to submit an application, but also to correctly substantiate your position. If it is proven that the debtor's presence in court could have influenced the situation, the verdict will be overturned and the parties will be notified accordingly.

The reversal of the verdict does not mean that the creditor will give up his desire to collect the debt. But it gives the debtor time to find money and pay off the debt before his property is realized and sold; in such a situation it is easier to sign a settlement agreement with the bank. The court will also cancel the verdict on the bank's appeal if criminal conspiracy is proven when applying for the loan.

Appeal the court decision

If the debtor believes that his interests and rights have been violated, he can appeal the court's decision. To appeal it, you must appeal to a higher court within 30 days after the court verdict. An appeal against a court decision on a loan is initiated to change the amount of recovery or if the verdict is completely contested. If the borrower appeals the decision, you need to study the rules by which such a document is drawn up.

Appeal

An appeal against the court's decision to collect the loan debt is drawn up in writing. If there is a disagreement with the amount of the loan, the borrower submits it to the court that previously issued a verdict. Despite the fact that there is no sample appeal as such, there are certain requirements that must be met when drawing up this document. How to write an appeal? It should contain:

Name of the court to which it is filed.

Full name of the applicant.

An indication of a court verdict that is being contested.

Grounds for appeal.

Requirements put forward by the borrower.

List of applications.

An appeal of a decision to collect debt on a loan must be endorsed by the signature of the applicant and contain the date of preparation. The number of its copies must correspond to the number of persons participating in the process.

What to do if you have nothing to pay?

If a person’s financial situation has worsened and he no longer knows how to pay the loan, he needs to contact the creditor bank for restructuring or obtaining a deferred payment. The bank may not make concessions and demand collection of the debt in court.

Most debtors are afraid of legal disputes. However, they may be the only alternative in a situation where there is no way to pay the loan. The court takes into account the defendant's solvency. In some cases, he may write off accrued interest and penalties or approve the repayment schedule in installments. But if he orders the money to be paid, then the borrower has several options - to appeal the verdict, pay the required amount, or wait for the bailiffs.

If the court makes a decision and there is nothing to pay, the debt will be forcibly written off. Bailiffs are involved in the case, whose task is to execute the court verdict. After the court has collected the debt, they can seize the property, seize it for the purpose of further sale and repayment of the debt, they can also block the card and withhold up to 50% from wages or other income received.

Before initiating enforcement proceedings, the debtor may apply to the court and request that he be granted an installment plan to repay the debt with justification of the reasons. But even if the debt has been collected, you can sign a settlement agreement with the bank at any time - if the latter is interested in this.

Installment plan after court decision

If the amount of debt is significant and the borrower cannot repay it in one lump sum, payment of the loan after the trial can be made in installments. To do this, you need to write an application for installment execution of the court decision and submit it to the authority that issued the verdict.

You can write an appeal immediately after the verdict is announced or after enforcement proceedings have been initiated. In this case, you additionally need to submit an application to the bailiffs to stop the enforcement proceedings. The main thing is to provide the correct argumentation, which the court would take into account. This could be a certificate of income, marital status, checks and receipts for family expenses, etc. Judges often accommodate such requests and grant them. There is no sample application for installment execution of a court decision, as such. It can be written in any form, indicating the details of the judicial authority, the applicant’s full name, links to the court verdict, and also attach a list of documents that prove the debtor’s position.

Loan statute of limitations

There is such a thing as the statute of limitations on a loan (LLC). It is given to the creditor in order to seek recovery of the debt in court. According to the law, it is 36 months from the date of arrears at the bank, provided there is no contact between the debtor and the creditor. If, after the start of the delay, the debtor came to the bank, signed any documents or had a telephone conversation with a bank representative, the LED is reset to zero. After this period, the debt cannot be collected.

There is also a statute of limitations on the loan after a court decision. If a loan trial has already taken place and a verdict has been reached, then after that enforcement proceedings must be initiated to collect the debt. But judicial practice shows that there are cases when a writ of execution is not submitted for execution for a long time. If this period exceeds three years, then enforcement proceedings cannot be initiated.

Can a court make a decision without a defendant?

Can a court make a decision without a defendant? Yes it is possible. The borrower must know that the meeting may take place without his presence, and the court also has the right to issue a verdict in absentia. But this is only possible if the conditions listed above are met.

The absence of the defendant at the hearings may work against him, since the court hears only one point of view. In practice, such disputes are resolved in favor of the bank, including the court satisfying the requirements regarding the amount of accrued interest and penalties. However, there is also a positive point - such a verdict can be overturned if there are appropriate arguments. This will allow you to have additional time to find funds to pay off debt or prepare for litigation.

You can also comment or ask a question.

On October 10, 2018, we won another case in court regarding the collection of debt under a loan agreement, that is, the court took the side of the defendant and completely refused to satisfy the bank’s claims (a link to this court decision is posted below).

At the same time, this or that case of dishonesty is subjective, since behind each action there is a certain official, which, accordingly, should not be a reason for assessing the integrity of a particular credit organization as a whole.

Brief instructions

During the preliminary court hearing, the judge will ask you: are there any statements or petitions? You answer: yes, there is. And you read out, yes, you actually read out the petition to obtain the appropriate evidence from the plaintiff, and not just hand it over to the judge. No shaky voice or uncertainty. Don’t let yourself be interrupted; the time for the court hearing is not limited. Be sure to keep a voice recorder, this will allow you to record possible tricks and violations on the part of an unscrupulous lender.

As for the required appropriate evidence, they are:

original loan agreement;

primary accounting documents on the basis of which accounting records are kept, confirming the transfer of funds under the loan agreement in question;

the Plaintiff's balance on the day the loan was issued;

an agreement for opening and servicing a bank account to which the lender was supposed to transfer loan funds;

documents confirming the authority of the bank official who signed the loan agreement, and other documents, depending on the circumstances.

We also draw your attention to the fact that in accordance with Part 7 of Art. 67 of the Civil Procedure Code of the Russian Federation, a copy of a document cannot be evidence in the absence of the original document. The judge must make sure that the copies of documents available in the case materials correspond to their originals.

In addition, often (90% of cases) copies are not properly certified, that is, in violation of the requirements provided for in paragraph 5.26 of GOST R 7.0.97-2016 (requirements for document preparation) (approved and put into effect by the Order of the Federal Agency for Technical Regulation and Metrology dated December 8, 2016 N 2004-st).

A copy certification mark is issued to confirm that the copy of the document (extract from the document) corresponds to the original document. A mark on certification of the copy is placed under the “signature” attribute and includes: the word “True”; job title of the person who certified the copy; his handwritten signature; decryption of the signature (initials, surname); date of certification of the copy (extract from the document).

Example:RightHR Service Inspector Signature I.O. Surnamedate

If a copy is issued for submission to another organization, a note about certification of the copy is supplemented with an inscription about the storage location of the document from which the copy was made (“The original document is located in (name of organization) in file N ... for ... year”) and is certified seal of the organization.

Now let's talk a little about the primary accounting documents on the basis of which accounting is carried out.

According to Art. 819 of the Civil Code of the Russian Federation, the rules provided for in paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation, namely the loan rules, apply to relations under a loan agreement.

In accordance with Art. 807 of the Civil Code of the Russian Federation, under a loan agreement, one party (the lender) transfers into the ownership of the other party (borrower) money or other things determined by generic characteristics, and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal number of other things received by him of the same kind and quality. The loan agreement is considered concluded from the moment the funds are transferred.

From this follows the obvious conclusion that the plaintiff, in accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation, is obliged to prove the circumstance of the transfer of funds to the borrower under the agreement.

In accordance with Art. 60 of the Code of Civil Procedure of the Russian Federation, the circumstances of the case, which in accordance with the law must be confirmed by certain means of proof, cannot be confirmed by any other evidence.

All business transactions carried out by the organization must be documented with supporting documents. These documents serve as primary accounting documents on the basis of which accounting is conducted.

In accordance with Part 1 of Art. 9 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting”, each fact of economic life is subject to registration as a primary accounting document. It is not allowed to accept for accounting documents documents that document facts of economic life that did not take place, including those underlying imaginary and sham transactions.

According to Part 3 of Art. 9 of this law, the primary accounting document must be drawn up when a fact of economic life is committed, and if this is not possible, immediately after its completion.

An account statement (account history, register of transactions, etc.) is just a printout of information from the plaintiff’s database, is not a settlement document (primary accounting document), and does not indicate the expression of the will of a person to commit a particular transaction. or other financial transaction does not meet the criteria of sufficiency and reliability, since any amounts can be entered into it without any difficulty. Information in the database must be entered on the basis of primary documents that confirm the transactions performed. Accordingly, this printout is not objective information, especially since the plaintiff is an interested party.

As for the calculation of debt, it must also be confirmed by primary accounting documents.

Thus, without a “primary” account statement and debt calculation are just pieces of paper.

According to clause 1 of the Directive of the Central Bank of the Russian Federation dated December 24, 2012 No. 2945-U “On the procedure for drawing up and applying a bank order,” a bank order is an order for the transfer of funds and can be applied by the Bank of Russia, a credit institution (in the manner prescribed by the bank, when carrying out transactions on a bank account, a deposit account in the currency of the Russian Federation and foreign currency opened with this bank, in cases where the payer or recipient of funds is the bank issuing the bank order, as well as in cases where a credit organization carries out operations on accounts (except for the transfer of funds from a bank account to a bank account) of one client (account owner) opened with a credit institution that issues a bank order. Thus, the plaintiff’s crediting of funds to the client’s account in the same bank can be confirmed by a bank order.

In accordance with the Regulations of the Bank of Russia on accounting in credit institutions located on the territory of the Russian Federation, all operations of additional offices are reflected in the daily balance sheet of the credit institution (branch); accordingly, in addition to the primary accounting documents, in support of its claims, the plaintiff is also obliged to present the balance sheet of the credit institution organization on the day the loan was issued.

The obligation to return the funds can be assigned to the borrower only if it is established that the borrower has received these funds at his disposal.

A legally significant circumstance in a claim for collection of the amount of debt under a loan agreement is not only the signing of the agreement by the parties, but also the circumstance of transferring the loan amount to the borrower.

The obligation to prove the circumstances of the transfer of funds to the borrower under the loan agreement in accordance with the rules for distributing the burden of proof established by Art. 56 of the Code of Civil Procedure is assigned to the creditor. Consequently, the plaintiff is required to provide admissible and relevant evidence of the transfer of funds to the borrower.

What to do after the petition has been read?

After you read the petition, hand it over to the judge in 2 copies (one for the plaintiff), ask that it be attached to the case and entered into the record. It is also necessary to clarify with the judge how long it will take for the creditor to submit the requested documents. The judge will postpone the hearing, giving the creditor time to submit documents. At the next meeting, your unscrupulous creditor will not present all the required evidence (payment documents, 100% balance on the day the loan was issued). Accordingly, file a refusal to satisfy the claim due to lack of proper evidence. Under such circumstances, the judge has no legal grounds not to grant your request to dismiss the claim.

From practice, as a rule, such cases drag on for several months, since an unscrupulous creditor regularly requests to postpone the court hearing due to lack of evidence. So stand your ground.

If the judge unreasonably believes that an account statement in the absence of the above-mentioned primary accounting documents is adequate evidence, then apply for the appointment of a forensic accounting examination.

When appointing an examination, the expert must be asked whether the account statement and debt calculation correspond to the primary accounting documents on the basis of which accounting records are kept, confirming the transfer of funds under the loan agreement.

In the future, the expert will return the documents to the court, stating that it is impossible to conduct an examination, since there is no “primary evidence”. Accordingly, this will be direct evidence of the absence in the case materials of documents confirming the transfer of funds under the loan agreement. The judge will reject the claim of an unscrupulous creditor.

In addition, cases of forgery of documents are not uncommon on the part of unscrupulous creditors, for example, bank or memorial orders, less often loan agreements. Each document must be studied extremely carefully, then the forgeries will be revealed. In this case, it may be useful for us to request a handwriting examination of the document’s age.

Disputes in court with banks are always difficult; in these cases, not only your literacy matters, but also your moral restraint and strict adherence to the chosen strategy in protecting your rights and legitimate interests.

Moreover, each case has its own nuances that only a lawyer experienced in these matters can see.

And now, as promised, a link to the court’s decision in favor of the defendant in a dispute with a bank over a loan agreement.

This article is not a call not to fulfill certain obligations, but merely clarifies your rights.

For some borrowers, relationships with the bank end in litigation. As a rule, when a bank cannot collect a debt for a long time, and its size is large enough, going to court is the only option to solve the problem. Moreover, this is a chance for the debtor to get rid of constant pressure from the creditor. Therefore, going to court with a bank is not such a scary procedure; you just need to know some of the features of its implementation and prepare for the process in advance.

How to sue a bank over a loan?

Practice shows that any delay on a loan entails calls from the bank’s collection services demanding immediate repayment of the debt and threats of going to court otherwise. However, quite a lot of time passes before the actual filing of the claim. Most banks go to court when the loan is overdue for 6 months or more, and the amount of debt is more than one hundred thousand rubles. By the way, on credit cards the amount of debt can be fifty or more thousand rubles. But these are average figures; in some cases, credit institutions go to court with a smaller amount of debt.

Before filing a lawsuit, the bank carries out certain preparatory work:

• compares the costs of litigation and the amount owed;
• checks the relevance of information about the borrower that the bank has;
• sends claims demanding repayment of the debt.

Sometimes bank employees bring a borrower to other credit institutions in order to assess his debt level and determine possible claims from other creditors. Only after this the bank goes to court with a statement of claim to collect the debt on the loan.

A borrower with an overdue loan also needs to prepare for a possible lawsuit initiated by the bank. In this case, you should not avoid communicating with the creditor or ignore court letters. First of all, if a situation arises where the loan is overdue, it is necessary to send it to the bank. This document must state the reason for the inability to fulfill the terms of the loan agreement, for example, such a reason could be. Even if the bank refuses to satisfy the application, its presence will be a powerful argument in the lawsuit that the debtor notified the bank about his problems and tried to resolve the issue. Another way to prove your good faith in court is to contribute a small amount to repay the debt; in this case, the creditor will not have the opportunity to refer in court to the fact that the borrower ignores the terms of the loan agreement regarding his obligations to pay the loan.

The second important step for the borrower is to directly participate in the proceedings. To do this, it is necessary to familiarize yourself with the creditor’s statement of claim in advance and prepare reasonable objections to it. Attendance at all court hearings is extremely important, since various motions can be submitted during the process, which will allow you to achieve the most acceptable court decision.

For a borrower with problem debt, the court is an excellent opportunity to solve some of his debt problems, since court proceedings have a number of positive aspects for him:

• the amount of the debt is fixed - after going to court, the bank cannot charge penalties, fines and penalties;
• it is possible to challenge certain sections of the loan agreement, which means there is a chance to reduce the amount of debt;
• the court may reduce the amount of accrued fines;
• it becomes possible to obtain an installment plan to repay the debt without additional pressure from the bank.

The debtor should, if possible, collect all documents that are relevant both to the loan for which the court is going and to his financial situation. All this will allow you to obtain the most acceptable court decision.

Advice: the borrower should be aware that the court itself cannot reduce the penalty or provide an installment plan to repay the debt - for this it is necessary to submit a corresponding petition.

How to win a lawsuit against a bank on a loan with a large overdue loan?

Despite the fact that the Internet has recently offered many courses, master classes, and teaching aids that should help borrowers not pay anything on credit debts, judicial practice demonstrates completely different results. Let us immediately note that winning a case against a bank over a loan in the presence of overdue debt is possible only in isolated cases, which are becoming less and less common. As a rule, these are loans issued for small amounts with obvious violations on the part of bank employees, which makes it possible to invalidate such loan agreements. But most loan agreements cannot be recognized as such, so you will have to pay for them. However, there are real chances to reduce the amount of debt in court. This is achieved in the following ways:

• abolition of illegal commissions with the return of amounts previously paid towards them;
• termination of insurance contracts with return of insurance premium;
• reduction of penalties in accordance with Art. 333 of the Civil Code of the Russian Federation.

Experience shows that these three reasons help reduce the amount of debt on an overdue loan by 25-30 percent.

A real opportunity to win a lawsuit against a bank is to claim that the statute of limitations has passed. Currently, this period is three years, after which the creditor loses its right to judicial protection. The expiration of the statute of limitations does not deprive the right to go to court, but if the defendant claims that the deadline has been missed, the claim will be denied. Regarding credit relations, for a long time there was ambiguous judicial practice on calculating the limitation period, since there were two approaches. In the first case, three years were counted from the moment the next payment date under the loan agreement was missed. In the second - from the end date of the loan agreement. Currently, most courts take the second point of view regarding consumer loans. And the first is in relation to credit cards. Note that banks extremely rarely miss the statute of limitations, so the opportunity to win a lawsuit against a bank on this basis rarely arises.

The loan trial has passed - what happens next?

As noted above, most banks' claims for overdue loans are satisfied by the courts. But the borrower should not despair, since any court decision is binding on both parties to the proceeding. Therefore, with the completion of the trial, the borrower receives certainty regarding his debt to the bank, since the amount of the debt will no longer grow, and the bank will not bother with numerous calls and demands.

The debtor may ask the court to provide an installment plan for the repayment of the awarded amount, and the bank’s consent is not required for this. Even if the court did not grant the request for installment payment, you should not worry that the bank will take everything to pay off the debt. A credit institution cannot independently carry out work on forced debt collection. To do this, she needs to contact the bailiff service. Bailiffs will carry out collections taking into account the requirements of the Law “On Enforcement Proceedings”, and here it is also possible to find a compromise that allows you to pay off the debt, taking into account your financial situation.

A slightly different situation is observed in relation to loans with collateral. For example, they may provide that in the event of a court decision in favor of the creditor, the debtor must immediately transfer the collateral to him. In this case, the bank itself can seize the pledged property, and in case of obstacles on the part of the debtor, turn to bailiffs for help.

Recently, situations have arisen when debtors do not know... Many of them were paying off debts due to court decisions, which creates additional confusion. In this case, you need to contact the department of the Central Bank, where they will inform you about the legal successor of the closed bank. You should not think that the closure of a bank, including the revocation of its license, cancels a court decision made in its favor.

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A lawsuit with a bank (it doesn’t matter whether it is a large bank, for example, Sberbank, or a small credit organization like) for a borrower with overdue debt is not such a bad option. It is only necessary not to hide from the bank during the entire time before the trial, to enter into a dialogue with it, and in the trial itself to take advantage of all the rights provided for by current legislation. Banks are reluctant to go to court, since the practice is that in the vast majority of disputes, if the debtor takes an active position, the courts reduce the creditors' claims by about a third. Thus, for the debtor, the court is a good option to stop the growth of the debt and be able to pay off the debt in convenient amounts.

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