Microfinance organizations provide loans to almost everyone, even clients with a black background. credit history. But this does not mean at all that unscrupulous borrowers may not repay money: MFIs have many legal opportunities to collect debt. Therefore, before taking a loan, it is necessary to ask which MFs are suing debtors and under what circumstances.

MFIs specialize in providing microloans at high interest rates. On average - 2% per day of the initial borrowed amount. Typically, a loan does not exceed 15-30 thousand rubles and is issued for a month or six months. If the client needs a larger amount, the period can be extended. Managers calculate interest in advance, divide the amount into equal parts, which must be paid after a certain period of time. Basically once a week. If this is not done, a penalty is charged already two days after the delay, therefore, if it is not possible to repay the debt on time, it is better to renew the contract on a paid basis, extending the loan period.

If the debt time is too long, the MFI can legally sue the borrower for breaches of the terms. loan agreement. However, litigation is not a common practice due to a number of reasons:

• There are no representations and legal support in the region where the debtor lives;
• The debt is not too large: the loan amount has already been repaid, it remains to receive interest and a penalty;
• The borrower has no income, so a positive decision in favor of the plaintiff does not guarantee a quick refund;
• Termination of interest accrual after filing a claim, the possibility of reducing debt by reducing penalties.

The MFI does not sue, because it is easier and more profitable to sell the debt to collectors. For the debtor, this is not the best option, given the methods of work of collection companies, which often balance on the brink of the law, knocking out a debt from a client. What’s more, they get to work immediately.

Grounds for going to court

In the first two or three months after the delay in payments, the microfinance company will not sue. One of the reasons for this is the penalties and interest that are added daily, increasing the debt. MFIs file a lawsuit when the debt exceeds a certain amount.

A microfinance organization will easily prove its case, as it has all the necessary documents with the signatures of the borrower.

It is an erroneous opinion that the MFI will refuse to sue because of legal costs. If the amount of debt does not exceed 20 thousand rubles, the state fee for filing a claim is up to 4% of the amount of debt. Moreover, if the verdict is in favor of the plaintiff, the debtor is obliged to pay the court costs.

List of MFIs suing their clients

Sue against bad faith borrower Any MFI can. Among them are organizations such as:

• Moneyman;
• urgent money;
• Turbo loan;
• E-cabbage;
• web banker;
• Viva Money;
• MigCredit;
• Seimer.

If the MFI has already sued you - what are your prospects

If the MFI has filed a lawsuit, it is not worth avoiding a court session, since failure to appear is not an obstacle to the consideration of the case. It is worth noting that the trial is even beneficial for the defendant, since after filing a claim, penalties and interest cease to accrue.

The defendant can use the court with a microfinance organization in his favor by filing an application for a reduction in the amount of debt if its size significantly exceeds the borrowed funds. Usually, the reduction occurs due to the amount of the penalty, since interest is calculated according to the concluded agreement and the judge does not have the right to cancel them.

Thus, the opinion that the court will completely release the debtor from debt obligations is erroneous. The repayment of the debt will occur at the expense of the salary or collection of the borrower's property. It is impossible to withdraw only the only housing and basic necessities.

If the plaintiff or defendant disagrees with the judge's verdict, an appeal is possible. The debtor can challenge the decision only if there are serious grounds: statements about the lack of funds to pay off the debt will not be taken into account. An appeal can be filed if errors were made during the consideration of the case. It could be:

• Lack of evidence to make the right decision;
• Incorrect application of the Law;
• The defendant was not notified of the date of the court session, which is why he did not come to court;
• There is no record of the court session;
• Lack of signatures on the court order.

If the appeal is not filed within 30 days, the decision becomes effective and the bailiff service takes over the case. In this case, it is necessary to pay for their work. Bailiffs initiate enforcement proceedings.

In order to comply with court decisions and collect the debt in favor of the plaintiff, bailiffs have the right to seize the property and bank accounts of the borrower, prohibit them from leaving Russia, and driving vehicles.

If there is money in the accounts, they will be written off in favor of the MFI. If the defendant works, a writ of execution is sent to his work, after which 20% of the salary begins to be debited to the creditor's account. In the absence of funds to pay off the debt, the property is confiscated and sold.

How to win a case - contact a lawyer or defend yourself

Litigation with MFIs usually ends in favor of the latter. The defendant can win the case only if he turns to an experienced lawyer who is well versed in legislative intricacies. Independently, without having the necessary knowledge, the defendant will not only not be able to win the case, but also soften the terms of the loan agreement. As a result, the debt will have to be repaid in full.

By examining the docs, he may find that:

• the contract is not legally valid due to onerous conditions;
• the structure that provided the loan did not have the right to do so;
• the client is not able to be responsible for his actions;
• various types of threats from the credit institution, which were officially documented.

The defendant must take into account that he will still have to pay for the services of a lawyer and court costs, therefore, if an MFI goes to court, one must be prepared for financial waste.

Installment and adjournment of judgment

If the defendant can convince the court of his insolvency, the judge may grant a one-year grace period. Also, during the trial, you can come to an amicable agreement with the MFI, which is concluded in court and becomes binding on both parties. After that, the claim is withdrawn, the case is stopped.

The settlement agreement provides for the consent of the defendant to repay the debt if the plaintiff agrees to restructure the debt. It should be noted that many MFIs agree to this option, often ready to reduce the penalty and even write it off completely.

Often, lenders offer to issue new loan, which will include the debt, along with interest, to be repaid. Naturally, the amount in this case will be more, the interest will be higher. The debt is divided into equal parts, which allows you to evenly distribute the load, the term for full payment can be extended.

Bankruptcy

There is another opportunity to pay off debts - to declare yourself bankrupt, for which you should apply to the court. After that, a manager is appointed who receives all the data on the financial transactions of the borrower and the right to dispose of his money. As a result, the borrower is left without property, but pays off debts.

Limitation periods

The MFI has the right to sue for debt collection within three years after the last payment was made. After this time, the debt can be written off for the "term limitation period", but only through the courts. Theoretically, this is possible if the debtor is suddenly forgotten, which in practice is extremely rare.

Can debt be avoided?

If the limitation period has not expired, the debtor may be released from paying the debt in the event of death. If his heirs do not inherit the property, they may not pay the loan obligations. If they enter into inheritance rights, at the same time they take on the debt of the deceased and are obliged to repay the loan.

Organizations providing microcredit services are perhaps the most notorious “actors” on the planet. financial market. It is they who are associated among citizens with insane interest and gangster methods of knocking out debts.

Most borrowers simply do not know how to sue MFIs, believing that their activities are not regulated by law in any way. Let's dispel this misconception and talk about how to reduce interest, receive moral compensation or change the amount of payments.

Microfinance organizations in Russia are controlled by the Ministry of Finance.

The activities of MFOs are regulated by the Federal Law No. 151 dated July 2, 2010, which contains a number of restrictions. From the beginning of 2017, new amendments come into force, designed to make life easier for borrowers. As court practice on microloans shows, decisions are often made in favor of the debtor.

Article 12 of the aforementioned law stipulates all cases of misconduct by MFIs. For example, it says that the lender does not have the right to change the conditions (the amount of interest or repayment terms) without the consent of the other party, that is, the borrower.

In fairness, we note that in practice this rarely happens. Cunning financiers know the law well and understand that the courts in this case are not on their side. Yes, and the interest is initially already enslaving.

However, if you are faced with something similar, feel free to start filing a claim.

The MFI does not have the right to charge a commission for early return loans. In this case, the borrower must notify his intention in writing, no later than 10 days.

Under no circumstances should the interest on the loan taken exceed three times the amount of the loan. That is, if you took, for example, five thousand, then the requirement of the MFI to return more than 20,000 would be illegal. True, the restrictions are set without taking into account fines and penalties.

How to reduce debt

Relations of citizens with MFIs and banks are regulated by Art. 333 of the Civil Code of the Russian Federation. It stipulates the possibility of reducing the amount of accrued fines if the reasons for the delay are recognized as sufficiently weighty.

Let's start with how much we're talking about.

Everyone knows that a delay on a loan is fraught with a fine, and if the client missed the deadline for repaying an MFI loan, the amount of payments is made up of the following indicators:

• the main part (body) of the debt;
• daily interest;
• penalty for delay (forfeit);
• increased interest on the amount of the main and overdue payments.

It must be understood that the money actually received on hand will have to be returned in any case, even if the contract is declared invalid. But the rest of the payments may well be changed downward.

Such claims are almost always resolved positively. However, the mere unwillingness of a citizen to repay the loan taken is not enough.

It is necessary to arm yourself with documents confirming the impossibility of repaying the debt in full. At the same time, it makes no sense to refer to circumstances that the borrower is able to change. If you are unemployed, nothing prevents you from getting a new job.

The reason must be compelling and not dependent on the will of the plaintiff. For example, illness, fire, an increase in necessary expenses associated, for example, with the birth of a baby.

The court takes into account how disciplined the borrower previously met the deadlines. Compared to banks, MFIs are in a less advantageous position because they do not practice loan insurance and cannot claim that the client himself has refused to protect himself in this way.

If you have problems with payment, do not immediately file a lawsuit. It is necessary to make an attempt to negotiate with the credit institution first.

True, most semi-criminal MFIs are extremely rare to meet, but their refusal to assist will be a good argument in your favor. The main thing is to fix this fact in writing.

Thus, you will demonstrate that you are ready to negotiate, do not refuse to pay your debts, you just want to get acceptable conditions for yourself.

Guide to action

Many citizens, if it is impossible to repay the debt, panic and stop thinking constructively. With daily interest and bi-weekly installments on the loan, the debt is snowballing. Therefore, it is not worth waiting until the situation turns into a financial disaster.

There are legitimate ways to achieve acceptable conditions for yourself. Your task is to solve the problem with the least loss. Let's figure out step by step how to file a lawsuit against a microfinance organization.

Imagine a situation where repayment of a loan is impossible due to salary delays or disability. This unpleasant fact can be confirmed by a certificate from the accounting department of the enterprise. where the debtor MFI works. In case of illness, you will need a copy of the sick leave.

The lawsuit is filed at the place of residence, in the district court and is considered as a case of violation of consumer rights.

It should be remembered that it is easier for an ordinary citizen who has received a loan for current needs to achieve a reduction in the amount of the penalty. For an individual entrepreneur, who indicated the purpose of lending to business development, is unlikely to be able to prove that the penalty for delay is too large.

In fairness, we note that the penalties are usually small, it will not work to gain a significant amount here. But the borrower has a good chance of getting a court decision that will reduce the amount of bonded interest.

Some nuances

It is better for the client to prove his case, based on the hopelessness of the situation. For example, a borrower took out a loan under duress in order to:

• pay debts on housing and communal services;
• keep minor children;
• carry out treatment;
• refinance an existing loan.

You should also focus on the fact that MFI employees took advantage of your condition and imposed a loan on you on very unfavorable terms. The legal basis in this case is Art. 179 GK.

If the client is free to declare his desire to terminate the contract at any time, then in most cases it is impossible to file the first claim for reconsideration of the amount of the accrued debt. Such issues are considered after the MFI applied to the court.

The defendant, having filed a counterclaim, may request a recalculation. In the application, you need to describe the situation, indicating that the amount was calculated incorrectly, ask to reduce the final rate.

During the trial, the borrower has the opportunity to make a request for an installment loan. The same can be done if the verdict has already been issued, but the decision has not yet entered into force. In this case, an appeal and a counterclaim must be filed.

Moral compensation - how to get it?

Borrowers are suing micro financial institutions for various reasons, the most common of which are:

• unilateral termination of the contract;
• recognition of the conditions as enslaving;
• unilateral change in MFI interest or terms;
• return financial resources, illegally withheld to pay off a debt;
• recognition of the contract as null and void;
• recovery of moral damages.

Let's dwell on the last point in more detail. What to hide, behavior on the verge of a foul is not at all uncommon for MFI employees. The constant calls, insults and threats start the same as soon as the customer has missed a payment date. The hysteria is on the rise if the payment has not been made.

Please note that it will not be possible to receive material compensation for the incorrect behavior of employees with MFIs. Even if they call you at night, threaten physical violence or damage to property, this is not a matter for the court, but for the police. And the application for illegal actions must be addressed to your district police officer.

To receive compensation for the damage caused moral injury, it has to be proven.

That is, there must be an event provoked by the actions of employees of the organization, for example, a heart attack or an exacerbation of a chronic illness.

The fact must be recorded and confirmed by extracts from the outpatient card. Moreover, it will also be necessary to prove that the employees of the creditor organization are the perpetrators of the problem. And here your statements to the police, video or audio recordings will come in handy.

Summing up

Summing up, let's mention a little about the deadlines established by law so that the client of the MFI can protect his rights.

A reduced statute of limitations applies to the settlement of such disputes. According to Art. 181 of the Civil Code, it is a year from the date of conclusion of the agreement between the borrower and the lender. Can I sue after that? After the statute of limitations has expired, most applicants are denied acceptance of the application.

In order not to get confused in legal subtleties, it is better to entrust the preparation of an application and filing a lawsuit to lawyers or anti-collectors. Taking into account the specifics of your case, experts will develop a plan of action.

In practice, there are many legitimate ways to solve problems, but the choice must be made individually. Understanding that an intelligent lawyer is involved in the case, MFIs agree to make concessions and do not risk putting pressure on the debtor in illegal ways.

If you have financial difficulties, then today, this cannot be considered a serious problem. Throughout the territory of the Russian Federation, there are many microfinance organizations that offer citizens loans for a short period at 0%. Those who have a stable source of income and need a certain amount for a really short period of time will see only beneficial aspects in the services of MFIs. Problems can begin with consumers who have overdue Grace period and faced with colossal interest or the pressure of collectors.

In our article, we will talk about where you can find justice for a lender and where to complain about the actions of a microfinance organization. Unfortunately, today it is not uncommon to stumble upon stories about how cruel and inhumane collectors can act, and there are simply no counting proceedings on the cancellation of accrued debts. This should not scare those who are faced with persistent debt collection by MFIs, because for every action, there is a reaction, which we will tell you about.

Act according to circumstances

Of course, it is worth understanding the problem itself, and only then trying to convey its essence to the regulatory authorities. So, in some cases, it will be sufficient to simply contact the directorate of a particular MFI with a complaint. This applies to situations in which, for example, you are denied a loan without explanation, or they call, convincing you that you are a guarantor, due to the fact that someone indicated your phone number when signing the contract.

The activities of MFIs in the territory of the Russian Federation are controlled by several legislative acts:

1. “On microfinance activities and microfinance organizations”;
2. "On consumer lending";
3. "Consumer Protection".

It is worth familiarizing yourself with these documents, not only in the case when a claim is made against you, but also before taking a loan. In particular, the legislation of the same name conveys well the essence and powers of MFIs in relation to the consumer of credit services. When defending your rights in regulatory bodies, you will need to bring all possible arguments, which should be based on legislative acts.

What should be included in the application

Regardless of where exactly you are filing a complaint, you should adhere to the business style and generally accepted structure for compiling official documents. That is, the complaint should not contain emotional statements, it should be composed on the merits and consist of a heading, a heading, a main part and an appendix.

Information to be provided:

• Name and address of the body where the complaint is filed;
• Position and full name of the person to whom it is sent for consideration;
• Your full name, registration address and contact details;
• The essence of the appeal with a description of the circumstances, with an exact indication of the details and address of a particular MFI;
• Grounds for appeal (links to legislation)
• The list of attached documents, which must include copies of the agreement with the MFI, documentary evidence of the existence of a dispute and other documents, depending on the nature of the appeal and the authority considering the complaint;
• The date the complaint was filed;
• Signature of the applicant with transcript.

With regards to additional documents should be based on the current situation. For example, if we are talking about appealing to the prosecutor's office, then it will be necessary to cite refusals from supervisory authorities or facts confirming a violation of the law (in case of extortion and abuse of authority, photo or video recordings of the consequences are suitable). You can get acquainted with a more detailed list of required accompanying papers on the websites of the structures where a complaint is filed against an MFI.

Sample

Where can I apply

The most competent authorities that will not only accept and consider your appeal, but also help resolve the conflict can be considered the following organizations:

1. Public mediator, he is also an ombudsman;
2. Rospotrebnadzor;
3. Federal Antimonopoly Service;
4. Central Bank of the Russian Federation;

There is also an opportunity to file a complaint with NP MiR, a self-regulatory organization that is an association of representatives of the largest MFIs and is aimed specifically at protecting consumer rights. If a microfinance organization is on the list of members of this community, then you can find support here. SRO "MiR" interacts between MFIs and regulatory authorities and resolves conflicts between consumers and lenders with a high probability of success.

Appeal is not always the right decision

It should be understood that the MFI pursues completely legitimate goals, when contacting the borrower with the recovery of debt, or by charging additional interest. In this case, it is worth understanding that going to an MFC meeting is sometimes much more profitable than trying to get away from obligations.

Today, there are many ways to reduce the credit burden, for example, debt restructuring or refinancing. When it comes to raising interest rate in connection with violations of the payment schedule, and such a right arises from your own indiscretion, then a complaint can only complicate the situation. The same applies to the transfer of your debt to collectors under the terms of the contract. A complaint against an MFI is relevant, only in case of actual violations.

What can be considered a reason for filing a complaint? Calls at night, threats from representatives of the MFI or collection agency cannot be legalized, and this may be a legitimate reason for appeal. Let's take a closer look at exactly where to go depending on the situation.

Ombudsman

The most civilized and reasonable method of resolving the conflict can be considered the use of the services of a public mediator. The Association of Russian Banks has created an institution of financial ombudsman to resolve conflicts between financial institutions and consumers, but he is not able to help everyone. The MFI must officially be part of the institution in order for the ombudsman to be able to resolve the conflict.

A complaint to the Ombudsman against an MFI is submitted in writing and must contain materials confirming the existence of a conflict situation. The letter should be accompanied by copies of the contract and related documents in two copies. More detailed list required documents, the composition and form of the complaint can be found on the website of the Association of Russian Banks. It should be understood that this method is suitable for you if you do not plan to go to court. Most of the disputes considered by the ombudsman end with the drafting and signing of a conciliation agreement, according to which the MFC and the borrower come to resolve the conflict through mutual concessions.

Supervisory authorities

The loan agreement is the main document, guided by which certain actions can be performed in relation to the borrower by the microfinance organization. However, not infrequently the reason for the complaint may be precisely the denial of services. In cases where the MFI refuses to provide a loan without giving reasons, to provide services provided for by an already drawn up agreement, does not issue certificates on your debt, or you are faced with unqualified personnel, then it is worth making a complaint to Rospotrebnadzor, which specializes in solving such issues. You can send an appeal through the official resource of Rospotrebnadzor, or send it to the territorial office by letter. You can check the addresses of the branches on the website.

If there are conflicts with an MFI that is not part of the ombudsman institution, you can contact the Central Bank of the Russian Federation, where they will consider your claims against a financial institution that is acting illegally towards you. You can file a complaint with the Central Bank through the official website, or by sending it by mail with notification of receipt, to the address: Moscow, st. Neglinnaya 12, index - 107016.

A complaint against an MFI to the supervisory authorities is the first step on the path to peace and prosperity. Even if your complaint is rejected or denied consideration, the answer can be attached to a more serious appeal to human rights bodies.

Prosecutor's office and court

It is not as easy as one would like to file a complaint against an MFI with the state human rights bodies. The bottom line is that the pre-trial settlement procedure, that is, filing complaints with supervisory authorities and regulatory agencies, is not a mere formality, but one of the most important stages.

The prosecutor's office monitors compliance with the law on the territory of the Russian Federation, and if you encounter a violation of the contract, etc. cases in which your rights are affected, but does not directly contradict the law, then you will first need to contact the supervisory authorities. In this case, you can appeal against either illegal actions, for example, threats from MFIs or collectors, or appeal against the refusal of supervision in the proceedings. You can write a complaint to the prosecutor's office about the MFO electronically through the Internet reception, send it by letter to the district office or make an appointment with the prosecutor, who will listen to you and tell you how to behave in the future.

A complaint to the judiciary is perhaps one of the most difficult in terms of the form of filing and preparation. As part of your application, you will need to not only provide arguments and arguments in defense of your position, but also provide legal grounds and evidence of violations of the law by the MFI. To prepare a competent appeal to the court, on the issue of protecting your interests of a property and non-property nature, only a competent lawyer who has experience in dealing with such problems will help you. However, the advantage of this method is that all costs, if your claim is met, can be compensated by an unscrupulous MFI.

With the expansion of the microfinance market, the number of disputes between borrowers and lenders is also growing. Main points of contention: unjustifiably high interest on loans, threats from collectors, the unwillingness of MFIs to change the terms of loan agreements in the event that the borrower becomes insolvent. In this article, we will talk about the cases in which the debtor can resolve the disputed situation in his favor, and how he can protect his rights in court.

How relevant is the problem of non-repayment of loans for MFIs?

According to statistics, at the beginning of 2017, 40 million citizens of the Russian Federation had problems with repayment of loans. Approximately one third of all debtors are borrowers on microcredits (small amounts, short terms and extortionate interest).

The active population of Russia is about 80 million people, 15 million of them have outstanding obligations to MFIs. This is a gigantic problem that is constantly monitored by the state apparatus.

The legislator is looking for ways to limit the uncontrolled issuance of loans at exorbitant interest rates, the executive branch exercises local supervision over each MFI, and the judiciary resolves disputes related to the execution of loan agreements by the parties.

The real confirmation of the influence of state control on the microcredit market is the general trend towards a decrease in the percentage for using money: if a year ago the average daily rate was about 2%, today you can find loans with a rate of 1% and even 0.5% per day.

Increased attention from government agencies to the activities of MFIs is increasingly becoming the reason that semi-legal creditors completely refuse to formally collect debts. But this is more the exception than the rule.

The MFI will not go to court to collect debts if the organization was registered in violation of the law, if the loan agreement contains obvious legal defects, if the limitation period (three years) is missed, or documents for issuing money to the borrower were lost.

You should not expect that small amounts (up to 10,000 rubles) are not interesting for MFIs. When calculating interest on the use credit funds at a rate of 2% per day, even 5,000 rubles in a year will turn into 40,000 rubles. And this is a serious financial reason for going to court.

Methods of work of MFIs with debtors

Collection procedure accounts receivable determined by the laws of the Russian Federation and local acts of the enterprise. There is no standard procedure for working with debtors, therefore MFIs are obliged to build their relationships with borrowers in accordance with the general rules of civil, financial and economic law.

Legitimate methods of influencing borrowers who do not fulfill or do not fulfill their debt obligations on time (dishonest borrowers):

• written notice of delay;
• official written request for repayment of credit debt;
• claims;
• going to court with a claim for debt collection;
• submission to the bailiffs writ of execution issued by the court.

And it's all. However, often MFIs are not limited to the listed methods. Also in progress:

• calls to work
• threats to relatives;
• home visiting, etc.

When evaluating these actions of the lender, one should be guided, first of all, by the rules for maintaining the confidentiality of credit relations, which also apply to MFIs. Article 9 of the Federal Law-151 "On microfinance activities and microfinance organizations" determines that MFIs do not have the right to disseminate information about their borrowers and loan conditions.

Accordingly, any calls to relatives, visits to employers or other actions as a result of which the loan becomes known to third parties are illegal. If, as a result of the illegal dissemination of information about the borrower, the latter will suffer material and/or moral damage, the debtor has the right to apply to the court with a claim for compensation for the harm caused.

Some MFIs issue local Regulations on debt collection procedures. The provisions of this document may not violate the requirements of the law. For example, if the Regulation of the MFI states that in the event of late payments, the creditor's employee has the right to visit the debtor at the place of residence of the latter in order to inventory the property, then this rule cannot be considered legal, since it violates Art. 25 of the Constitution of the Russian Federation, according to which the dwelling is inviolable.

Tactics of protection against MFIs in case of insolvency

If it so happened that the microcredit was taken and used, and there was nothing to pay interest and repay the debt, then the most dangerous tactic is to wait. A debtor who has taken a wait-and-see attitude risks increasing his debt obligations by seven or even ten times. To prevent this from happening, in case of deterioration financial terms the borrower should immediately begin to actively work with the microfinance institution.

The most common situations of deterioration financial situation: dismissal, illness, force majeure. As soon as unfavorable circumstances began to operate for the debtor, he has the right to apply to the MFI with a request to freeze the debt, reduce the interest rate and defer or installment payments.

You can write an appeal to the MFI yourself. The body of the letter must include the following information:

• the name of the MFI and its legal details;
• number and date of the loan agreement;
• the amount of the principal debt and the amount of interest;
• a statement of facts confirming the deterioration of the financial situation;
• a request to defer the payment of the principal amount and reduce the amount of interest for the use of money.

The debtor signs the text of the letter and attaches copies of documents confirming the effect of unfavorable circumstances. The letter must be delivered directly to the office of the MFI or sent by registered mail with notification.

Even if the MFI does not respond to this letter or sends a refusal, then during the litigation and determination of the amount of the debt, such a letter will become a very strong argument in favor of the defendant, who asks the court to reduce the amount of interest charged.

MFI filed a lawsuit

The delivery of a statement of claim from the MFI to the debtor does not always mean that the creditor has started a lawsuit. Some companies use the demonstration of intention to go to court as an effective way to force debtors to voluntarily pay off their debts. To do this, MFI lawyers form a package of claim documents and send it not to the court, but only to the debtor, so that the latter has the opportunity to assess the scale of the problem.

In about half of the cases, such a maneuver brings a positive result to the MFI. Seeing huge numbers of debt, plus demands for payment of state fees and legal services, the debtor is looking for a way to quickly pay off his debt. This option of pre-trial preparation allows MFIs to speed up the process of returning money and save on paying state fees.

These actions on the part of the MFI cannot be called illegal, but if you intend to defend your right to reduce the amount of debt on the loan, then do not respond to statement of claim and wait for the subpoena.

Some MFIs go even further, they themselves fabricate a copy of the court decision using only a PC and a photocopier. Such actions are already criminally punishable and the debtor, who received a non-existent fake court decision by mail, has the right to report a crime.

You should start preparing for a lawsuit with an MFI in the following cases:

• the debtor received a subpoena;
• the debtor received documents stating that the MFI applied to the bailiffs with a statement on the execution court order for the recovery of a debt from a borrower.

After making sure that the case has been officially taken, the debtor must decide whether to involve a lawyer in solving this problem or manage on his own.

The participation of a lawyer who has practical experience in resolving disputes with MFIs will allow the debtor to save his own time and nerves, but will cost a tidy sum (about 10% of the amount claims).

If the debtor has free time and a desire to independently protect his interests, then he can conduct the trial on his own.

About 80% litigation end with negative decisions only because of non-compliance by the party with procedural formalities!

Working on his defense, the defendant must pay attention not only to arguing his position and references to justice, but also carefully comply with all the requirements of the civil process.

The main procedural points to which the court draws attention:

• submission by the defendant of objections to the claims with copies of supporting documents attached;
• attendance at all court sessions (if there is a good reason for non-appearance, then it is necessary to send a petition to the court in advance with a request to postpone the consideration of the case);
• familiarization with the case materials (study of those documents that the plaintiff provided to the court);
• compliance with the deadlines for appealing court decisions;
• use by the defendant of his rights to submit his own evidence, to conduct examinations, give explanations, interrogate witnesses, etc.

An objection form for filing a lawsuit can be downloaded from the link.

Each procedural action must be properly executed and completed in a timely manner.

How do MFIs formulate their claims?

Most often, MFIs delay filing a lawsuit for two to three years from the moment the borrower ceases to fulfill its obligations. This is done in order to increase the amount of debt tenfold. The creditor is not interested in collecting 10,000 rubles. Therefore, if the MFI is silent for a long time and does not demand its money back, this does not mean that the debt is forgotten or forgiven. Most likely, the debtor is on the counter, and every day the amount due is growing.

Forming their claims, MFIs indicate the following in the claim:

• data of the debtor (address of residence and registration, telephone number);
• details of the loan agreement and the warrant, according to which the debtor actually received the money in his hands (copies of these documents must be attached to the application, and the originals must be presented to the court);
• clauses of the agreement, which define: the date of repayment of the loan, the procedure for calculating interest in case of delay in repaying the loan, the amount of fine and penalty for failure to fulfill contractual obligations;
• a request to the court to recover the principal debt, interest on the loan, interest and fines;
• a request to the court to recover from the debtor the legal costs incurred by the plaintiff.

There are no limits on the amounts withdrawn. If the claims are presented within the limitation period, the court accepts the claim with any calculations and arguments for consideration. The validity of the claims of the plaintiff is determined in court proceedings.

Grounds for reducing the claims of MFIs

You can completely win a court case against an MFI only in the following cases:

• if the debtor has payment documents that confirm that the debt has been fully repaid;
• if the MFI cannot provide the court with the original loan agreement or the original warrant under which the borrower was given money;
• if there is evidence that the debtor entered into the contract without having full civil capacity, or under the influence of deceit or threats.

However, such disputes rarely end up in court. Basically, the MFI goes into the process with claims that are reasoned and supported by appropriate evidence. But even in this case, there is an opportunity to partially win the trial. Moreover, often the percentage of unrecognized by the court amounts of claims reaches 60-80%.

Grounds for reducing the debt to be enforced:

• abuse of the plaintiff's right (the courts point out that the MFI used its right to accrue interest in bad faith: it delayed the time for going to court and applied a rate ten times higher than the rate of the Central Bank of the Russian Federation);
• the plaintiff did not take into account the significant deterioration in the financial condition of the debtor.

If the courts take these circumstances into account, then the debtor is charged the amount of the principal debt plus an amount equal to the amount of the principal debt to pay off the interest. So, for example, if the principal debt was 5,000 rubles, then in addition to this amount, 5,000 rubles of interest are also collected, for a total of 10,000 rubles.

Court with an MFI at the initiative of the debtor

When is it profitable for a debtor to sue an MFI, and what is this benefit? In fact, the borrower will not receive significant benefits from such a process. You can count on the fact that the management of the MFI will assess the legal knowledge of the debtor and will not risk making unreasonable demands on him.

But this circumstance can play both for and against. There is a high probability of a conflict of interest, and then the debtor will have to allocate a lot of money and time to still defend his position in court.

Only the following categories of claims against MFIs have a positive judicial perspective:

• the debt is repaid, and the MFI continues to send interest accrual letters;
• the loan agreement was drawn up in violation of the requirements of the Civil Code of the Russian Federation and the norms of legislation on microfinance (recognition by the debtor of the agreement as not concluded or invalid).
• The MFI transferred information about the borrower to third parties (for example, the representative of the lender called relatives or the employer), as a result of which the debtor suffered damage.

It is possible to apply to the court with a statement of claim to reduce the interest on the loan by the MFI only if the interest is calculated in violation of the terms of the agreement. For example, the contract provides for a daily interest rate of 2%, and the MFI has calculated 3% each.

If the amounts of interest are calculated correctly, but the debtor does not have the opportunity to repay them, then you should only apply to the microfinance organization itself with petitions to amend the terms of the agreement that determine the amount of interest. In the event that the MFI goes to court to recover the debt from the borrower, such letters will be appropriate evidence that the debtor tried to resolve the dispute, but the MFI refused to renegotiate the rate.

It is almost impossible to force a creditor through the court to reduce the current interest rate. In addition, the process may drag on for several months, and all this time the lender will have every right to charge interest at the rate specified in the contract.

A sample application form can be downloaded from the link. By general rule the statement of claim is filed with the district court at the location of the defendant (MFO or its branch).

Judicial perspective

IN judicial practice Today there are a large number judgments taken in favor of borrowers. The decision of the Kirovsky District Court of Samara http://sudact.ru/regular/doc/0PnzvXMrSLQV/ is considered indicative.

But there are also a huge number of decisions not in favor of debtors. An example of argumentation in the decision of the Bratsk City Court of the Irkutsk Region http://sudact.ru/regular/doc/cd7CsuoEVglr/ .

So don't count on an easy win.

If the debtor does not agree with the decision of the court of first instance, he has the right to appeal this decision to the court of appeal. The appeal must be filed within one calendar month from the date of the decision of the court of first instance.

If a party to a case has not been properly notified of the proceedings and decision, then it has the right to ask the appellate instance to restore the deadlines for appeal. In this case, the complaint must be sent within a month from the moment when the borrower became aware that there was a court decision not in his favor.

The relationship between the borrower and the lender is managed by civil law, and therefore, even if it so happened that there was a delay in credit obligations, then there is no need to be afraid that this debt may become a reason for criminal prosecution. For debts to MFIs, they are not imprisoned and they cannot be held accountable for any other liability, except for civil law (i.e., a fine).

Most often, after the completion of litigation in favor of the debtor, MFIs lose interest in him and stop any prosecution. If the court was lost, then the MFI works with the bailiff service and insists on the speedy execution of court decisions. But even in this case, such illegal methods of influence on the part of MFIs as calling relatives or visiting employers are excluded. All communication between debtor and creditor takes place through bailiff, which is engaged in specific enforcement proceedings.

When taking money on credit from microfinance organizations, you should immediately prepare for the fact that the amount of debt will grow like a snowball for each day of delay. Interest on micro-debts per year can exceed 500-700%, so even the amount of 20 thousand rubles will very quickly become a serious problem. And this is not to mention the fines and penalties that MFIs often demand from the debtor, including through the courts.

Can microloans demand from their client all the debt at once through the court? Yes, this happens very often. The best option action in this situation would be filing a counterclaim.

And if it is not possible to obtain a reduction in the interest rate through a petition to the court, then it is quite realistic to achieve the abolition of the penalty and fines. Article 333 of the Civil Code of the Russian Federation helps debtors in this.

How to sue an MFI?

Who can sue a credit company? Any borrower, if his rights guaranteed by Federal Law No. 151-FZ "On Microfinance Activities and Microfinance Organizations" dated July 2, 2010, have been violated. Usually these are the following violations:

• the loan agreement was terminated by the MFI unilaterally;
• the loan agreement was drawn up incorrectly and therefore is not legally binding;
• the debt was transferred to a third party without the consent of the borrower;
• credit conditions were changed in the direction unfavorable for the client;
• The MFI refuses to return the loan insurance or other payments;
• the client receives threats and insults from the employees of the MFI.

In case of violation of the rights effective way resolution of the conflict will be an appeal to the court. You will need to draw up a statement of claim in several copies (for the court, the defendant and the plaintiff) and submit it to the court along with other documents. This may be a copy of the loan agreement, calculation financial claims presented to the MFI, a receipt of payment of the state fee or a power of attorney to represent in court on behalf of the plaintiff.

A lawsuit against an MFI is filed either with a justice of the peace (the amount of the claim is less than 50 thousand rubles), or with the district court (the amount of the claim exceeds 50 thousand rubles). This can be done at a personal visit to the court or by mail.

Drafting a lawsuit

A lawsuit is drawn up according to the requirements that must be taken into account when drawing up any application, regardless of the essence of the case. A claim against a microfinance organization will contain:

• the full name of the judicial authority to which the claim is filed;
• Full name and address of permanent residence (registration) of the applicant;
• information about the defendant (name of the organization, its legal address);
• a detailed statement of the circumstances of the case and the violations that were committed against the applicant;
• information about attempts to peacefully resolve the situation (submission of a written claim to the MFI and the reaction of the credit institution to it);
• evidence base (documents confirming the unfavorable conditions of the loan, the loan agreement itself, calculation of the loan amount), confirming the grounds for going to court;
• claims related to the restoration of violated rights;
• the price of the claim (the amount of property and / or moral damage and their documentary evidence);
• list of documents to be attached to the claim (applications);
• Applicant's signature and date of filing.

Any information may be included in the claim. The main requirement is that they must be directly relevant to the case. It is not forbidden to file additional petitions to the court.

Which MFIs sue their clients?

Large and actively developing microfinance organizations apply to the court much more often than young and small firms. Large firms are more concerned about their reputation and at the same time make sure that debts are collected through the courts, and not through dubious collection agencies. But in this case, the methods of debt collection may be different.

An MFI client should prepare for litigation in the following cases:

• The debt to MFIs has already grown to 50 thousand rubles or more. In this case, it is already possible to accrue fines and penalties that can be claimed from the client through the court;
• The debt is not extinguished even minimum payments, which indicates the complete disinterest of the client in the successful resolution of the situation;
• Movable or real estate(in this case, the fastest way to get it on account of the debt is through the court);
• The debt to the MFI is transferred to collectors who specialize in filing lawsuits against the debtor;
• MFO does not work with collectors and prefers to resolve all issues through the courts;
• The borrower has valuable property, which is known to the MFI (therefore, it will not be difficult to collect the debt through the courts).

How to win a court case if the MFI has written a statement of claim? There are several options - to file a counterclaim, to petition for the recognition of the loan agreement as invalid or for a reduction in the amount of the penalty. With the help of a counterclaim, you can also achieve an installment plan for repaying the debt.

Recognition of the contract with the MFI as invalid

The best way to win a loan case is to declare the contract null and void. There may be various reasons for this, but they must certainly be weighty. Eg:

• The contract was concluded by a legally incompetent person, a person with limited legal capacity (not having the right to conclude banking agreements) or without the consent of a third party, when this is a necessary condition for granting a loan;
• The agreement is in fact enslaving. Earlier, when services for issuing microloans were born in Russia, many loan agreements were recognized by the courts as very disadvantageous for the borrower. Those who agreed to such conditions were mainly those in a difficult life situation. Now enslaving contracts are typical for fraudulent firms and MFIs that absolutely do not monitor their reputation;
• A bank loan is invalid on the basis of illegal conditions that are spelled out in the contract. It is possible to identify violations in this case only after a thorough study of the text of the contract.

It is important to remember that the recognition of the contract as void does not cancel the obligation to repay the loan. This fact only cancels all penalties and fines, so the loan is reduced only to the payment of the amount that was originally taken from the MFI.

How to sue an MFI competently? If credit organisation has already filed a lawsuit, then it is possible to increase the likelihood of a favorable outcome in the form of debt reduction due to the abolition of fines and penalties under special circumstances.

For example, the conclusion of a loan agreement was due to serious financial problems the borrower, and the money was spent on urgent needs (urgent treatment, maintenance of children). Otherwise, it will be very difficult to get favorable conditions for paying the debt from the court.