How do you know that the bank has filed a lawsuit against the debtor?
We are used to living on credit. It's comfortable! There is no need to wait for a salary, but you can immediately fulfill your desires.
However, many borrowers may not calculate their own strengths and fall into arrears. This is especially true for schedules without annuity payments.
when a different amount is deposited into the lender's account every month. If the resulting debt is not quickly repaid, the debt will constantly grow, as the bank will be forced to apply penalties.
The answer is basically simple.
As a rule, at present, if you took a decent amount of money from the Bank, for example, more than 150,000 rubles, and at the moment you cannot pay and return it on time, you missed a payment, interest, penalties and interest accrued, and you already understand If you cannot pay next month, then the Bank will ultimately sue you. When considering this type of case, the judge takes the side of the Bank and makes a decision not in your favor.
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What does the legislation say about this?
In general, the legislation in the Russian Federation is very changeable and the rules of law governing loan relations are no exception. However, perhaps some of the most important changes occurred back in 2016.
Then amendments were made to the Law on Notaries, which allowed banks to collect overdue retail loans without court, on the basis of a notary’s writ of execution.
Also in 2020, Law No. 230-FZ was adopted, which greatly limits the possibilities of putting pressure on a troubled borrower, both by banks and other organizations.
How does a court case with a bank regarding a loan proceed?
The larger the amount you owe, the more likely it is that the bank will eventually sue you.
If the judge sides with the bank and makes a decision that is unfavorable to you, you will have almost no chance of correcting the situation.
Thus, it is important to clearly plan your actions as soon as the credit case ends up in court.
As practice shows, the best option is to immediately consult with a credit lawyer.
How to find out whether the bank has gone to court to forcefully collect the loan debt?
Hello!
There are two ways to find out if there is a lawsuit from the bank for forced collection of debts.
The first, easiest way, is to contact the lender yourself at a bank branch or by phone. In this case, it is possible to clarify not only the fact of going to court, but also the amount that is presented in the demand. The second is online in the specialized “Justice” system.
Here you will have to check the existence of a case and a judicial act based on your name.
Procedural features
The defendant must be given proper notice before the trial begins. A notification is sent to the address of his residence or actual location. He is also notified in any other possible way - by email or mobile phone message. The notice from the court arrives along with a copy of the statement of claim and copies of documents. Having read the claim, the defendant immediately finds out which bank and what demands it made.
It is not advisable to avoid communicating with the creditor, since the decision can be made in absentia proceedings - with proper notification of the defendant and according to the rules of Chapter 22 of the Code of Civil Procedure of the Russian Federation.This is important to know: The procedure for appealing a court order of a magistrate in cassation
| When applying for a loan repayment, the interests of the bank can be represented by numerous intermediaries. These will be collection agencies or creditors who bought the debt from the bank and are trying to collect it on their own. | The debtor should protect himself from them, guided by the provisions of Federal Law No. 230, which regulates the number of telephone calls and messages that can be sent directly to the debtor (Articles 6-8 of the Law). |
| The creditor is also not obliged to personally meet with bank representatives if he has refused all contacts in writing in advance. Under other conditions, meetings are possible no more than once a week. The number of telephone calls cannot be more than once a day and 8 times a month. It is prohibited to disturb the debtor on weekdays from 22:00 to 8:00 and on weekends from 21:00 to 9 am. It is also not allowed to call the debtor from abroad. You can find out that the bank has filed a lawsuit from official documents. A credit institution rarely keeps information secret if it has taken on the debtor and decided to collect the debt in court. The specifics of the creditor's status can be clarified during direct proceedings. The bank may have a legal successor, to whom the ability to demand debts from malicious loan defaulters is transferred. The initiator of debt collection can also be a financial manager who acts on behalf of a bankrupt credit institution. The statement of claim can be filed in an arbitration court or a court of general jurisdiction, depending on the status of the defendant. |
What to do if the bank sues? And what will happen next to the credit debt?
Collection organizations often mislead debtors by sending them pseudo-subpoenas by mail.
Such invalid subpoenas may contain false information; in fact, they serve only as a tool of psychological pressure.
It is always worth remembering that before going to court, the bank will send a demand for full repayment of the loan debt. This is a document that will be sent to the debtor at his registration address.
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Preparing for court: what you need to know
A defaulter on a loan from Sberbank needs to understand that filing claims is a very common practice. Therefore, if the obligations under the contract are not fulfilled, an unpleasant lawsuit is guaranteed with the recovery of the principal amount of the overdue loan, interest and penalties, and subsequently legal costs.
Preparation of documents
This stage of preparation for court hearings is the key to success for both parties to the conflict. It is important for the plaintiff (Sberbank) to reflect the fact that services are provided to a specific person, as well as the absence of required payments and applications from him to change the terms of the contract for valid reasons.
For the defendant (loan debtor), it is not so important to provide general information, for example, in the form of a loan agreement with Sberbank. Its main task is to document the impossibility of fulfilling monetary obligations in the same amount or within the same time frame.
Required package:
- Passport and its copy.
- Certificate of employment and position held.
- Documentation reflecting the financial position of the borrower: 2NDFL certificate or its alternative replacement within the framework of legal requirements.
- Other documents reflecting a specific problem. A copy of the order to change working conditions for the worse, certified by the employer, or a document confirming the loss of a job due to layoffs and subsequent registration with the employment service may be provided.
MSEC conclusions on loss of ability to work and disability assignments, statements of other loans affecting the financial condition of a citizen, documentation of the appearance of dependents in the person of close relatives and children with the official assignment of this status, etc. may be submitted.
Changing the payment schedule
This outcome is a peaceful and largely acceptable solution for both sides of the conflict. However, it is worth understanding that its achievement is possible without litigation at the initial stage of financial difficulties, and even in advance of their onset (for example, when informing an employee about the upcoming reduction of his staff position).
Postponement of the loan payment date at Sberbank is possible within one month. It can be combined with the loan refinancing procedure (combining several loan products from one or different banks into one account with Sberbank). Here a delay of only a few weeks is assumed.
A long-term deferment similar to a grace period is permitted as part of the loan restructuring procedure. It is possible due to the borrower being on maternity leave, military service, incapacity for work due to ill health, or loss of a job.
At the same time, changing the terms of the contract by drawing up additional agreements to it leads to the formation of a new payment schedule. You can clarify it either in your personal account on the Sberbank website, or by personally contacting a branch that has a credit department.
Deadline for filing an appeal
For this category of cases, there are generalized appeal periods that differ from the limitation periods. In accordance with the Resolution of the Plenum of the Supreme Court, as well as certain legislative acts of the Civil Code of the Russian Federation, a month period is provided for filing complaints. The countdown of this period begins on the day following the day the judge makes the decision. The deadline is not considered missed if the appeal is filed before 24 hours of the last day of this period.
The working day of the courts does not last that long, so there is the option of sending documents by mail. The very fact of sending, and not receiving, the letter by the addressee is implied. It is confirmed by a stamp on the envelope.
What to do if the bank sues for non-payment of a loan?
It is a rare borrower who has a problem loan from a bank and can boast of a calm life.
Failure to repay a loan is always fraught with consequences: unpleasant calls from bank employees, communication with debt collectors, and sometimes a lawsuit. Situations why people stop repaying loans can be both good and bad, but both if there are objective reasons why the borrower stopped paying the debt, or if there is a deliberate failure to repay, the bank has the right to go to court.
Reasons for filing a claim with a client
A dispute with a bank can go to court for many reasons. For example, due to a loan or deposit. A financial organization most often acts as a plaintiff if the borrower does not fulfill its obligations under a previously executed agreement in good faith. Non-payment and delay of the loan are a good reason for terminating the agreement and collecting the debt in full.
Non-payment of money under the contract
As a rule, the main reason for late payments is the deterioration of the borrower’s financial condition. For example, the consumer was fired from his job or his salary was not paid. What will the bank do in this situation:
- Can draw up a settlement agreement to change the loan repayment procedure;
- Assign or sell obligations to a collection agency;
- File a claim and collect the debt in court.
If the borrower independently approaches the lender, then most often the bank meets him halfway, allowing him to choose a more affordable loan repayment plan. But the company has the right to go to court and demand termination of the contract with full repayment of the debt.
Most often, the debtor does not agree with the loan repayment terms. However, before the court, it is still worth writing a claim to the creditor, indicating in it the reasons for non-payment of the loan, as well as demands for concessions. Below we will tell you how to find out whether the bank has filed a lawsuit or not yet.
