Does the bank or collectors have the right to call after a court decision has been made?
That is, he works under a commission agreement. Situation: collectors are demanding a debt on an old loan Experts agree that the easiest and most painless solution to the situation could be the adoption of a law on collection activities, which would clearly define the rules for the relationship between the parties when assigning claims. However, due to the confrontation between competing collection associations and interested departments, not a single version of such a bill that has existed for a year or a year and a half has yet been submitted to the State Duma. This is official information. And now regarding the actions of collection organizations (from practice). Despite the fact that there is no law on collectors yet, banks successfully interact with agencies.
Who are collectors? ↑
Collection companies in Russia recently. This practice of debt collection is borrowed from Western practice, where it has been used since the last century. A debt collector is a debt collector.
Today, such a profession in Russia has become quite in demand, due to the fact that along with the increase in the number of consumer loans taken out, the number of non-payments on them is also growing.
Moreover, the profit from the loan interest received by banks more than covers all possible costs.
As for the collectors themselves, they, in fact, are hired employees of companies of the corresponding profile.
Since Russian legislation does not have an adopted law on collectors, they cannot be officially equated with officials and given certain legal rights.
Their activities bring benefits both to the banks themselves and to the companies in which they work, which cannot be said about the borrower.
They, as a rule, have no education, but they are trained to intimidate people and tell them all sorts of tall tales about the horrors that await loan defaulters. This is what their instructions suggest.
If they fall on a person who knows his rights well and knows how to officially defend them, you will not envy the collectors, since it becomes much more difficult for them to do their job.
In such cases, they are left to ask themselves the question of what kind of nonsense they are talking about and, in general, why they are doing this work.
There is a court decision to collect the debt, but collectors are calling
Two months before the trial….. it was like they were in a coffin, on the day of the trial it was as if they were given herbs and a snowstorm,…. the fan was turned on and in the morning, they called, I went to court, left my phone at home, came back, it was dead, 30 missed calls. Then something incomprehensible happened, the next day it was like being in a grave again... t i sh i n a a a a a a.... Well, then the court decision came into force... silence, bailiffs, silence, two months later, the movie starts - What do you want, the trial has passed, the bailiffs are cutting off my salary...m? - WHAT COURT, IN YOUR MIND, ONLY DECISIONS OF MOSCOW COURTS ARE LEGAL. I always knew what would happen, where the conversation would go, but this pearl killed me.
Do debt collectors have the right after a court decision?
If he asks why he should remain silent, answer: “It was you who invaded my privacy, not me. I establish the routine on my territory. If you don’t like this rule, then you go (there).” Whenever he tries to say something, say: (I’m not asking you where to go (or whatever else he says, I’m asking for your full name, and how can you confirm it to me right now). If he will not answer your questions on the second try, send him to his destination (exactly to those letters) and stop the conversation. Say, as usual, that all questions will go to court. Under no circumstances let them home and do not go anywhere , except for the court. If you are stopped or some people come to your home, immediately call “02" and shout that you are being robbed. Carry a gas canister with you and use it on such people without fear.
What to do if collectors call after the trial
The optimal course of action depends on what exactly the court hearing decided. If, as a result, the judge left the issue in the hands of your former creditors or a change of party (procedural succession) occurred in the decision made, then the call from the collectors is completely legal.
If the calls are legitimate.
Hiding from agency employees is not a good idea. Fear is a natural reaction to what happened, but there is no point in giving in to it and panicking. The collection agency, operating in accordance with the law and the NAPCA code of ethics, does not aim to intimidate the borrower, but to help him and provide more favorable conditions than the original creditor. Working with agents such as EOS may be more beneficial than dealing with bailiffs, so such a court decision will ultimately work out in your favor. Reply to agents and try to negotiate terms that are optimal for you. In this case, a second court hearing will not be necessary, and you will be able to repay the loan on a schedule that is convenient for you.
If the calls are illegal.
If the court has denied the new creditor procedural succession (replacement of parties), and after that you should not receive calls from collectors, or if the agency uses illegal methods, you should not cooperate with collectors. You can file a complaint with NAPCA and report agents acting contrary to the law. The Association will take appropriate measures.
Why can a bank sell a debt to collectors if there is already a court decision?
- Collectors after the court decision
- Do debt collectors have the right to call after a court decision?
- Collectors continue to demand debt after a court decision, what should I do?
- Selling debt after trial: is it possible?
- Situation: collectors demand debt on an old loan
- Do debt collectors have the right after a court decision?
Collectors after a court decision Attention Telephone consultation 8 800 505-91-11 Free call Does the bank have the right to transfer my debt to a collector after a court decision and in general what rights do collectors have? read answers (2) Please tell me whether the bank can sell the debt to collectors after a court decision ... without warning me. read answers (2) Important Do they have the right to do this? read answers (2) After the court decision, the debt was sold to collectors.
Selling debt after trial: is it possible?
- Civil law
- Debt collection
- Do collectors have the right, after a court decision, to call and charge interest if the court has already rendered its verdict? The bank sued me in July, and the trial took place in December, the bank had the right to charge interest after filing a lawsuit.? rights of collectors, calls from collectors, protection from collectors, Collectors, bank collectors, collectors after a court decision Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been discussed, try looking here:
- Did debt collectors have the right to disclose information about my debt when calling me at work?
- Bankruptcy of individuals. Do debt collectors have the right to call at work?
Lawyers' answers (4)
- All legal services in Moscow Release of property from seizure Moscow from 30,000 rubles.
Is it possible to prosecute the defaulter?
Collectors often threaten that criminal proceedings will be initiated against the debtor if he does not repay the debt. According to the provisions of the Criminal Code of the Russian Federation, a person cannot be held criminally liable for an outstanding loan.
However, there are criminal penalties for fraud. For example, if you received a loan fraudulently, without intending to repay it. If you periodically contributed sums of money to pay off the debt, but are unable to continue such payments due to your difficult financial situation, then you cannot be held criminally liable.
Watch the video. Banks (collectors) filed a lawsuit:
Collectors call after a court decision
Collectors continue to demand debt after a court decision, what should I do? Of course, in practice, most banks try to “settle” loan debts within the statute of limitations. But sometimes, for some reason, the bank does not have time to file a claim within 3 years. Most likely, the bank will not go to court after the statute of limitations expires, but will simply sell the debt to collectors. Collectors will start calling the borrower, writing threatening letters and demanding repayment of the debt on a loan that was five years old. Selling debt after trial: is it possible? If necessary, letters are left and sent to government authorities to bring the defaulter's officials to administrative responsibility.4. Appealing the actions of bailiffs.
And now regarding the actions of collection organizations (from practice). Despite the fact that there is no law on collectors yet, banks successfully interact with agencies. The bank has the right to enter into any agreements not prohibited by law. Today, there are two options for working with collection agencies: under a commission agreement (when the bank pays the agency a commission on the collected debt) and under an assignment agreement (when the agency buys problem loans at a discount). The most common is the commission agreement.
I went to the AVD (Debt Collection Agency) website. They have the following types. Your stage, as I understand it, is executive.
What to do if you are sued
After the plaintiff applies to the court, the defendant is sent a copy of the statement of claim and attached documents with a determination to assign the case to trial.
If time permits, it is useful to familiarize yourself with the materials of the future litigation. After studying them, a decision is made - to participate in the process independently or to seek protection from a lawyer.
PLEASE NOTE: the intervention of a lawyer must be timely. Being late threatens mistakes that can lead to negative results.
The positive side of the transition to trial is the end of the pre-trial procedure, accompanied by numerous calls, SMS messages, meetings and other measures of everyday influence.
In some cases, if the loan was obtained fraudulently or is deliberately not repaid, criminal prosecution may occur. According to Art. 159.1 of the Criminal Code of the Russian Federation, for fraud in obtaining a loan, punishment ranges from a fine to imprisonment, depending on the amount of damage caused.
For evasion of repayment of borrowed funds (2,250,000 and above) liability is provided under Art. 177 of the Criminal Code of the Russian Federation also from a fine to imprisonment.
How to defend yourself
After a careful study of the case, a line of defense is developed. To bring the defendant's position to the court, a response to the statement of claim is filed. This document sets out the applicant's arguments in a clear and structured manner as opposed to the plaintiff's claims.
Protection varies depending on the situation. In rare cases, it is justified to completely deny the plaintiff's claims. Let's list them:
- If the statute of limitations has expired.
- There are no original documents confirming the debt.
- There is a debt repayment that has not been accepted by the plaintiff.
If there are no grounds to exclude the plaintiff's claims, other lines of defense are considered.
IMPORTANT: the missed statute of limitations must be declared in court, otherwise the debt will be collected in full. Without an application from the party, this period is not applied in the consideration of the case.
It would be useful to carefully study the documents confirming the plaintiff’s authority to file a claim. If an agency agreement was concluded and the representative of the collection company is the creditor’s authorized representative, then there must be a valid power of attorney.
If the right to claim a debt has been transferred under an assignment agreement, the agreement is carefully studied: jurisdiction under it cannot be changed. If this happens, you can safely file a petition for violation.
If high penalties and fines are presented, a request for their reduction is indicated. In support, documents are attached confirming the difficult financial situation and the negative consequences of applying the full amount of punishment.
In a number of situations, it may be beneficial for the defendant to enter into a settlement agreement. Such a document allows the parties to find a compromise that suits them.
Outcome options
The results of cases between collection agencies and debtors vary. There are decisions where debt collection is completely denied due to the expiration of the statute of limitations (Appeal ruling of the Ulyanovsk Regional Court dated February 13, 2018 in case No. 33-617/2018).
There are acts that partially collect the debt, taking into account the application of limitation (Decision No. 2-937/2015 of June 30, 2020 in case No. 2-937/2015).
Often, borrowers, mistakenly believing that nothing can be changed, do not participate in meetings. The result of ignoring the judicial process is most often decisions not in favor of the debtor (Verdict in absentia of June 27, 2020 in case No. 2-4568/2017).
Does the bank or collectors have the right to call after a court decision has been made?
If he (s) says that there is (any) agreement, then answer that with his agreement he can go to the toilet and wipe his backside, what is needed is a power of attorney from the creditor. Do not answer any of their questions regarding your data and the data of your relatives, do not provide your place of work, address, or any information about yourself at all. To all requests to inform (clarify, check, etc.) answer: “When I have a court decision that has entered into legal force with an obligation to tell you something, then I will tell you this, and then I’d rather fine you for failure to comply with the decision.” I will pay the court to fulfill this decision.”
Whenever you try to interrupt you, rudely answer the caller what you are saying now, and he should shut up (that’s right) and listen to you and answer your questions without uttering a single extra letter. Can collectors, after a court decision, come to my home to inventory my property and confiscate it? Or can only bailiffs do this? read answers (1) Can a bank, after a court decision, transfer a loan to collectors? read answers (6) Do collectors, after a court decision, have the right to call and say that I have to pay? Is this what bailiffs do? read the answers (2) Do collectors, after a court decision, have the right to call and demand that they seal it? Isn’t it the bailiffs who do this? read the answers (3) Do collectors, after a court decision, have the right to call the debtors to demand something? read the answers (2) The bank sold the loan to the collectors after the court decision, I was not present at the trial and did not receive any summons, after the trial the amount exceeded the amount that he took and... read the answers (4) Unified Telephone Legal Service Legal advice on any legal issues.
Can debt collectors set payment deadlines?
Collectors cannot collect debt. Prohibits Art. 330 of the Criminal Code of the Russian Federation. However, a citizen can represent the interests of the bank, having the appropriate power of attorney, and therefore take measures in the manner prescribed by law. If the court upheld the bank's claim, then after the court decision enters into legal force, a writ of execution will be issued, which will be handed over to the bailiffs. Only bailiffs have the right to enforce this court decision. The bank, being a creditor, can sell your debt at any time until you fully fulfill your debt obligations. The participants in this transaction are required to notify you in writing about the concluded assignment agreement. If the debt is sold after the court makes a decision, the new creditor is obliged to apply to the court to replace the party to the enforcement proceedings.
Don't call, otherwise it will be worse
And the courts began to actively impose fines on violating collectors. The current record fine amount was handed down in Moscow. There the company must pay 200 thousand rubles. And the record holder for the number of fines imposed on collectors is St. Petersburg: 7 fines have already been imposed on collectors there.
Let us remind you that since the new year, the FSSP of Russia has been supervising the work of collectors. The department receives hundreds of complaints against businessmen-collectors. The main complaint is intrusiveness.
In the capital, a certain company, trying to collect 50 thousand rubles of overdue debt from a Muscovite, acted according to the old scheme: endless calls. But the law set a strict limit on calls. For unnecessary telephone harassment, the company will have to pay four times more than the woman owed.
In turn, the office of the FSSP of Russia in St. Petersburg reported that they had already received 239 appeals from citizens, 8 administrative protocols had been drawn up in relation to collection agencies, and a decision had been made on seven in the form of monetary penalties.
For example, during the day, a representative of one of the collection agencies made four calls to the debtor, which is a violation of current legislation.
A citizen who was tired of the collector's calls brought the bailiffs an extract from his mobile operator. This was proof of the intrusiveness of the collectors. The Kirovsky District Court of St. Petersburg reviewed the case materials and imposed a fine on the offender in the amount of 5 thousand rubles. In another case, a female debt collector called third parties who were not debtors 29 times a day. Simply put, she pestered the debtor’s relatives and friends. Her colleagues did not lag behind and also exceeded the permissible call limit, for which the collection agency employees will have to pay fines from 15 to 20 thousand rubles. It is noteworthy that one of the offending collectors received two fines at once because she overdid it so much at work.
According to the new rules, only the creditor or “a person acting on his behalf or in his interests” can interact with the debtor. But this person cannot be a backstreet bandit. This must be a credit institution or a person who specializes in the recovery of overdue debts. And all of them must be entered into a special register, which will be strictly controlled. Moreover, the law establishes strict requirements for collection organizations, so that any company from the high road cannot just get on the register.
The collector is only allowed to inform the debtor about the existing debt and the conditions for its repayment. To do this, he can personally meet with the debtor, but not more than once a week. Call no more than once a day, twice a week and eight times a month. At the same time, it is prohibited to disturb the debtor at night, to apply any pressure - physical, psychological, or to cause harm to the health and property of people. You cannot report your debt to relatives or colleagues, publish this information and smear your scribbles on the walls of the entrances, or hide information about yourself.
A very important rule: the debtor has the right to refuse to communicate with the debt collector. This can be done no earlier than 4 months after the delay occurs. To refuse to communicate with the collector, the debtor must send him a notarized application or a letter with acknowledgment of delivery. After this, the collector cannot bother the debtor. And to collect the debt, you must go to court.
Amendments 2020 ↑
The 2020 amendments essentially did not fundamentally change the rights of collection companies. According to these amendments, collectors have the right to communicate with debtors from eight in the morning to ten in the evening on weekdays and from nine to eight on weekends.
Calls and visits at other times are considered a violation of the law by debt collectors. Debtors also received the right to communicate with debt collectors through their official representative or to refuse such communication altogether.
Similar amendments were adopted after hundreds of statements to the police about debt collectors beating up debtors.
Can collectors submit papers to bailiffs without trial?
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If collectors call you very late, contact your mobile operator for a printout of calls and the facts of late calls recorded on paper will become good evidence when contacting the prosecutor's office. In addition, collectors do not have the right to humiliate, insult or threaten you in their calls. Even hints of threats should be recorded on a voice recorder and can be used to combat violators of your rights. You can immediately after the collector introduces himself, tell him that your telephone conversation is being recorded and you can be sure that in this case the collectors will be much more polite. The intricacies of the collection service Representatives of the collection service have the right to come to your home and talk with you, but they must agree on such a meeting with you in advance. If a debt collector comes without warning, you are not obligated to let him home.
Do collectors have the right to demand a debt if the case is with the bailiffs?
In recent years, the retail lending portfolio has been characterized by an increase in the share of unpaid debt invoices.
The majority of Russian citizens have begun to experience difficulties in repaying their loans. Banks are using collection agencies to collect the debt, which intimidate citizens by imposing huge fines, confiscation and seizure of property.
There are often cases when debt collectors harass their loved ones. What is it? A “collection agency” means an agency engaged in collecting overdue and problem debts on a professional level.
Their main goal is to facilitate payments on debts that individuals or legal entities have.
Collectors are employees of companies engaged in commercial activities, and therefore represent their interests.
Do debt collectors have the right to describe property?
Since I was expecting the creditors to file a lawsuit and for the collectors to come to the registration and residence address and... read the answers (1) Collectors call me and introduce themselves as bailiffs. read the answers (1) There were problems with the Tinkoff system, the card was overdue for three months, I repeatedly explained , that I still can’t pay the debt for a reason... read the answers (1) Do collectors have the right to call and come if bailiffs are handling the debt? read the answers (2) Can collectors describe the property without a court or bailiffs? read the answers (1) Legal threats from Tinkov bank employees that collectors and bailiffs could describe the property in favor of the bank. read answers (2) I took out a loan from an microfinance organization a year and a half ago.
What to do if they threaten? ↑
When threats are made against the debtor, he needs to respond adequately. First of all, care should be taken to ensure that the fact of uttering threats is recorded.
This is necessary to support the application submitted to law enforcement agencies.
You can use an audio recording for this or film what is happening. It is recommended to immediately inform the collectors about this; such measures often sober them up. If the threats do not stop, you need to write a statement about them.
Do you want to know how to properly talk to debt collectors on the phone? Read our article. Find out what to do if debt collectors threaten you over the phone using the following link.
You can find out why debt collectors call about someone else's debt here.
And there is no trial
If you don't pay, debt collectors will call again. They will remind you about the court that the case can be sent to court at any time and therefore you supposedly should not hesitate. However, usually, even with a large debt, there is no talk of going to court at first and collectors simply use the opportunity to put psychological pressure on you. They may also send you letters; they most often refer to the court and debt collectors remind you that the case may be sent to court very soon and demand you pay the debt. Collectors usually send the same letters about the court and they are not original, so you should not take such letters too seriously.
Why don't debt collectors sue? Most debtors talk about a long and grueling war with debt collectors, but in most cases there is no talk of going to court.
Difference between debt collectors and bailiffs
Or your neighbor downstairs, whom you flooded the year before last, and are in no hurry to compensate for the damage. Do debt collectors have the right to collect debts? Can a collection agency describe the property? Let's put it this way - they have the right to exclusively psychologically influence you so that you voluntarily agree to pay off your overdue debt (if you really have it, if not, see above about the Criminal Code). The question of what rights a collection agency has can be answered simply: no more than your neighbor below. They cannot blackmail and intimidate you, physically influence you in any form, or humiliate your human dignity. Collectors do not have the right to disclose your personal data (and this includes information on your loan), i.e. They also cannot pester your boss or wife with calls or visits.
Collectors and bailiffs
Since collectors are not employed by government agencies, they are deprived of the right to make an inventory of debtors’ property or sell it in order to obtain funds for it to be transferred to the bank. According to the instructions of legal acts, the production of an inventory is the responsibility of bailiffs.
Many collection agencies operate as a creditor's agency, collecting debts for a fee.
It is formed by the amount of collected funds, from which the percentage established by the agreement is deducted.
Encroachment of collectors on the property of parents According to the requirements of legislative acts, banks have the right to confiscate the property of the borrower if he does not repay the debt.
Parents are not responsible for adult children, so no one has the right to encroach on their property.
If he knocks on the door, raises his voice, threatens - feel free to call the police, however, it is usually enough to say that the police were called and the collectors are no longer at the door.
One of the most important points is that representatives of the collection service do not have the right to talk about your debts to strangers and even close people.
Information about your debts is confidential and therefore cannot be passed on to third parties. If collectors call your loved ones, friends, relatives, write them letters, call them at work, this immediately becomes a reason to report to the police.
And one more important point - collectors cannot take away your property without trial.
Threats that people will come to you and take away your TV and valuables are just intimidation.
Do they have the right? ↑
In practice, it happens that debt collectors abuse their rights and commit illegal behavior. It is useful for every citizen to know how competent the actions of collectors are in different situations.
Call the debtor's relatives
Collectors have the right to contact the debtor's relatives by telephone in cases where they are guarantors for a previously taken out loan.
In these cases, relatives share with the debtor the full degree of responsibility for the assigned credit obligations.
If this did not happen, calls from collection company employees to the debtor’s relatives should be regarded as methods of exerting psychological pressure on the borrower himself.
Collectors do not have the right to such actions and you can file a complaint against them for this.
Call at work
According to the current law, collectors do not have the right to call the debtor at work. Such actions fall under the article of the law on non-disclosure of personal data and may serve as grounds for contacting law enforcement agencies.
It is recommended to immediately remind collectors of this if such cases occur.
If they called directly the debtor’s boss or the human resources department, it is recommended to discuss the situation with management and agree to deduct a certain amount from wages to repay the loan.
Are debt collectors not letting you live in peace? Want to know how to get rid of debt collectors? Then we recommend that you follow the link and read the article. You can find out how debt collectors work with debtors from our article presented at the link above.
Go to law
By law, debt collectors have the right to sue the debtor, but in practice this rarely happens.
The fact is that collectors almost always have poorly prepared documents at their disposal, with which there is no reason to go to court.
If such a threat is made, it is recommended to ask the collector to present documents confirming the amount of the debt. Then it will immediately become clear whether they have anything to go to court with or not.
Come home
By law, debt collectors have the right to come to the debtor’s home for an oral conversation.
Another question is that they do not have the right to enter the home without permission, or, even more so, to break into it.
In such cases, the client has the right to immediately submit a statement to the relevant law enforcement agencies, and it is recommended to support the statement with material evidence of unlawful actions of debt collectors.
Threaten
Collectors have the right to influence only by means of verbal persuasion, and threats are already considered violations on their part.
In such cases, it is recommended to record all conversations on video or audio tape in order to present them as evidence.
Call friends
Collectors often call the debtor’s acquaintances, trying through them to exert psychological pressure on him.
In fact, they do not have a direct legal right to do this if their acquaintances have nothing to do with the loan taken. It is recommended to remind them of this when the situation repeats in order to reason with them.
Describe property
Collectors have no right to describe the debtor's property. All such threats are completely groundless and no attention should be paid to them.
Such actions are possible only by court decision, but collectors do not always go to court, since the judicial executive branch in Russia often stalls in such matters.
