Overdue loans: what to do with overdue loans for several days, months or more than a year

Basic legal assistance for debts

• Explanation of the features of debt collection from individuals and legal entities;
• Analysis of receipts or agreements, as well as prospects for working with the debtor. A competent specialist will assess the likelihood of debt repayment in a specific situation;
• Collection of papers necessary for debt collection;
• Development of tactics that will give the expected result in a specific situation with the debtor;
• Resolving a debt dispute at the pre-trial stage. At this stage, legal assistance comes down to negotiations with the debtor. Negotiations take place in person or by telephone. If the lawyer is unable to reach an agreement with the debtor, then a written pre-trial claim is prepared;
• Collection of data about the debtor, as well as information about his financial situation and existing property;
• Debt collection through court. Here, the assistance of a specialist comes down to collecting documents, drawing up and submitting an application to the court, forming an evidence base, etc.;
• Supporting the implementation of enforcement proceedings;
• Assistance in seizing the debtor’s property, injunction on traveling abroad;
• Interaction with government agencies on behalf of the principal, defending his rights.

How to find a good and specialized loan lawyer

First of all, it all depends on what kind of problem you have, how complex it is. To decide, you must first search the Internet, for example, you live in Moscow and you need to look for a good specialized lawyer in Moscow. You can also get a free consultation on the Internet, which will give you the opportunity to decide. If a lawyer answers clearly, accessiblely and professionally, and does not write, contact the office, then you can work with such a lawyer. A lawyer must care deeply about his client, conduct business as if it were his own, be polite and patient. For many clients, this may be their first contact; they don’t know what to ask, what to do, so you need to approach such clients with special attention. Usually the first communication plays an important role; if you liked it, then you should start working.

The professionalism of a lawyer does not depend on the size of the office; it, first of all, depends on knowledge and practice. A professional lawyer works, justifying all actions, and does not violate the law. Also pay attention to the number of similar cases won by the lawyer; any case is conducted confidentially; they often keep the documents for safekeeping and are responsible for their safety. Prices should be approximately average for the city, specifically for this service. All prices for legal services are available at the firm, but there are legal services where the price is negotiable. All terms of execution and payment are specified in the contract, which is signed by both parties.

Cost of legal assistance for debts in specific issues

Answers to questions at the first request Free Legal assessment and formation of effective tactics from 5,000 Drawing up the necessary papers, collecting evidence from 5,500 Drawing up and sending complaints to the prosecutor's office from 4,500 Organization of meetings of the parties to the case from 5,500 Legal assessment of the contract from 13,000

What to do if you can’t pay the loan - 3 simple tips

Life circumstances can turn even the most responsible borrower into a defaulter.

What to do in this case? Read our tips.

Tip 1. Start solving the problem as quickly as possible

“Our problems will not disappear because we close our eyes and stop looking at them,” said Winston Churchill many years ago.

Don't turn a blind eye to the problem of lack of funds to pay your credit debts. The sooner you start looking for a way out of this situation, the faster you will find it.

Consider whether you can borrow from your friends, relatives or acquaintances.

Perhaps your credit history will allow you to refinance on acceptable terms, look for options. Just don’t throw yourself into the pool headlong.

Refinancing can only be considered if:

• the terms of the loan do not worsen your current situation;
• the amount of the new loan will completely cover the existing debts.

Remember, the faster you begin to solve your problems, the more fines and penalties you can avoid.

Tip 2. Be the first to contact a bank or collection agency

At the first sign of your financial insolvency, go to your bank or to collectors if the loan has been assigned to them. Explain the situation, ask for help in solving the problem.

As practice shows, in most cases, creditors agree to a meeting. Neither the bank nor the collectors are attracted by the prospect of you having overdue debt, which from current can very quickly turn into long-term, and possibly even hopeless.

You may be “frozen” on interest payments for quite a long period of time and then you will only pay the principal amount. Or the bank will agree to provide you with a credit holiday. They can last up to 3 months. During this time, you can find an additional source of income (part-time work), sell unused property, etc.

Tip 3. Engage a professional lawyer

If you do not have enough experience in solving financial problems, you are poorly versed in the law, then the services of professional lawyers, for example, from an anti-collection agency, may be your solution.

An experienced anti-collector, having studied your situation and documents, will be able to find a legal solution to the problem. A timely contact with professionals will not only allow you to get out of the credit web, but will also save you nerves.

Watch the video to see how to help yourself get rid of debt.

Legal assistance for debts in main areas

Departure of a defense lawyer to a court hearing on a case from 8,000 Protection of a client for debts to credit companies from 11,000 Pre-trial resolution of a situation from 12,000 Protection of the interests of the principal in litigation from 63,000 Participation in enforcement proceedings from 10,000 Representation in government agencies from 12,700 Receipt writ of execution from 6,500

How to get help for loan debtors - step-by-step instructions

If the situation with your credit debt is critical, if you need professional help, but you don’t know where to start and where to turn, read our instructions.

In it you will find a step-by-step algorithm of actions.

Step 1. Select a company

There are now many anti-collection agencies and simply law firms ready to take on the solution of credit problems and provide assistance to debtors.

When choosing a company, read reviews about it on forums and specialized websites. Explore the company's website. If it does not contain information about the company itself or any useful information materials, then it is better to refuse the services of such a company. A serious company pays great attention to its corporate resources.

Perhaps the company is a rating participant in its field. Check them out.

Choose a company that has been operating in this area for quite a long time and has a proven track record of winning cases.

When choosing a company that should help you get rid of credit problems and headaches about this, save your nerves and money, do not be lazy to collect as much information as possible confirming its professionalism and business reputation. Remember: the success of the entire event depends on this.

Step 2. We provide the specialist with the necessary documents

After analyzing the reviews about the candidate company, reading the website, list of services and general terms of cooperation, you have made your final choice.

Having chosen a company, prepare the necessary package of documents. As a rule, you will need to submit all documents relating to the loan agreement in which there are problems.

An approximate list of required documents:

• loan agreement with all attachments;
• collateral documents (if any);
• correspondence with the creditor bank or collectors (if any).

After reviewing the documents, the credit lawyer will be able to draw preliminary conclusions about the complexity of the problem and the prospects for solving it. The specialist will offer all possible solutions to the problem in this situation. This will allow you to choose the most optimal one.

Step 3. Conclude an agreement

After the main points have been agreed upon, it is time to conclude the contract. I suggest you familiarize yourself with an example of such an agreement.

Read all of its points carefully. Watch what you sign. Pay special attention to the point “responsibility of the parties”. Often, such a clause is simply missing in contracts for anti-collector services, and this should alert you. A company that operates honestly is not afraid to take responsibility.

In contracts you can find wording that by paying money for the current month, the customer confirms that the services for the previous month were completed in full and has no claims against the contractor for this period. However, in this section there is not a word about a document that can confirm the scope and list of services provided.

Such a document can be a (detailed) act on the services provided, or a brief report containing all the necessary information. Demand that such a clause be included in the contract if it is missing. This will allow you to control the performer and increase his responsibility.

Step 4. Pay for services

Anti-collector services can be paid either one-time or in the form of a subscription fee. In case of a one-time payment, the client must make it for each consultation or other service provided.

When paying for a subscription, the client pays a monthly fee as a percentage of the amount of credit debt (usually 1%). Cooperation between a debtor client and an anti-collection company can last up to six months.

In addition, client representation in court is paid separately. The cost of such a service is approximately 5 thousand rubles. There are usually several court hearings.

You can pay for services both in cash and by non-cash methods.

Step 5. Get a detailed action plan to resolve the problem

Anti-collector services are provided in 2 stages: pre-trial and representation of the customer-debtor in court.

During the pre-trial stage, the lawyers of the executing firm perform a number of activities.

Some of them:

• analysis of the debtor's state of affairs;
• development of solutions to the problem;
• calculation of the client's debt and comparison with data received from the creditor;
• preparation of documents to resolve the situation;
• interaction with the bank or collectors.

If the desired result is not achieved at the initial stage, the problem will have to be resolved in court. In this case, the customer will be required to have a power of attorney for the anti-collector to represent the client’s interests at court hearings.

Legal assistance for debts

Help for loan debtors is required in the following situations:

• Overdue loans;
• Job loss;
• Delay of wages;
• High percentage of loan payments;
• Incorrectly calculated financial capabilities;
• The person did not carefully read the contents of the agreement.

These are the most common situations. It is extremely difficult to sort out debt issues on your own, so it is better to seek legal help.

What types of financial assistance are there for loan debtors - TOP 4 main types

There are several types of help for debtors.

Let's look at them in more detail.

Type 1. Loan refinancing

One of the most popular types of financial assistance for credit debtors is refinancing.

Refinancing is getting a new loan on more favorable terms from another bank to pay off an existing loan.

Let's consider the benefits that the debtor receives from such an event.

Example

In March 2020, Nikolay took out a loan from Sberbank for urgent needs in the amount of 300 thousand rubles. for 3 years at 19% per annum. Six months later, he had financial difficulties, and it became difficult for him to pay off the loan.

Nikolai began to look for options to ease his credit load. This solution for him was to refinance a Sberbank loan from VTB Bank at a rate of 15% for a period of 5 years. How much this helped him can be seen from the data in the table below.

Comparison of credit load before and after refinancing:

№	Index	Payment on a loan received from Sberbank	Payment on a loan refinanced at VTB
1	Loan terms	36 months	60 months
2	Bid	19% per annum	15% per annum
3	Total payment per month	RUB 19,987	RUB 7,137

We see that refinancing helped Nikolai reduce his loan burden by more than 2 times.

Now Nikolay will be able to conscientiously fulfill his loan obligations without any problems. If he has free funds, he can easily make both partial and full early repayment of the loan - the agreement provides for this possibility.

Type 2. Debt restructuring

Debt restructuring is the second, no less popular type of financial assistance to debtors.

Restructuring is a change by the bank to the terms of an existing loan based on an application from the borrower.

Let's look at the essence of this method using an example.

Example

Anna Mikhailovna, a 50-year-old woman working as a technologist at one of the factories in a small provincial town.

Her long-time dream was to take a sea cruise. The years passed, but the dream was in no hurry to come true. And then, for her anniversary, Anna Mikhailovna gave herself a gift - she bought a ticket to a Mediterranean cruise. True, my own savings were not enough and I had to spend 60 thousand rubles. apply for a loan from a bank.

The loan was taken out for 1 year at 14% per annum with a total monthly payment of 5,387 rubles. Anna considered this a completely acceptable price for her dream and began to look forward to the month of May to go on a cruise!

Time flew by quickly and now Anna is already returning home, rested and happy. But an unpleasant surprise awaited her at home. The entire staff of her workshop was sent on vacation with 2/3 of the average monthly salary retained for this forced downtime.

Of course, it became difficult to pay off the loan. In such a situation, Anna Mikhailovna turned to the bank with an application for restructuring.

Since Anna was a responsible borrower, the bank met her halfway and made a positive decision. The bank, in agreement with Anna, developed an individual payment schedule.

According to the new schedule, Anna pays off the loan in the amount of 1 thousand rubles within 3 months. instead of 5,387 rub.

After her solvency is restored, the woman will make a one-time payment in the amount of the entire accumulated debt during the easing period. Then Anna will again enter her standard schedule with the same monthly payments in the amount of 5,387 rubles.

Type 3. Obtaining insurance

When applying for a loan, the bank strongly recommends taking out insurance. It is assumed that insurance in the event of force majeure (serious illness, death, loss of work, etc.) should cover the debt. The borrower, when signing a loan agreement, is sure that if something happens, he will receive insurance. However, in practice everything is not so simple.

First, read the contract carefully. In 99% of cases, the beneficiary of the insurance becomes a banking institution, which means that the debtor cannot independently dispose of the insurance compensation for an insured event.

Secondly, even if an insured event occurs, the borrower will have to work hard and fulfill a number of requirements.

So, for example, if a borrower is insured against job loss under a loan agreement, then he needs to provide a work book, a certificate from the employment service, an insurance agreement, and a 2-NDFL certificate. All this must be done within 10 days after dismissal.

And the most important thing is that only loss of work at the initiative of the employer is recognized as an insured event; one’s own desire will not work here. However, in practice, situations often arise when an employer forces you to write a letter of resignation precisely at your own request.

Also remember that if you collect all the documents in full and on time, you will not immediately receive insurance; you will still have to wait for approval, and after receiving it, for the transfer of money from insurers. At this time, the growth of overdue debts, penalties and penalties will continue.

Type 4. Applying for a new loan from a private lender

Since ancient times, people strapped for cash have borrowed money from private individuals. These were not only acquaintances or relatives, but complete strangers - the so-called “loan sharks” who lent money at interest.

Now this method is becoming more and more popular, which is quite logical. Getting a bank loan is becoming more and more difficult. You need to collect a bunch of documents, sometimes collateral or guarantors are required, your credit history is checked, and it’s not a fact that the loan will be approved in the end.

And if the borrower is in arrears on the loan, then solving the problem becomes even more difficult.

The entire Internet is full of advertisements from private lenders. The offers are very tempting: within a few hours, against a notarized receipt, and sometimes just against a receipt, according to 2 documents, at an acceptable percentage, you can get a decent amount - from 5-10 thousand rubles. up to several million.

However, I want to warn you right away - there is a great chance of running into scammers.

Therefore my advice to you:

• choose a private lender through special online services that have a service that checks lenders registered on this resource;
• never take out a private loan against collateral;
• refuse offers that require any advance payment, even the smallest;
• take out loans from private individuals only in case of emergency.

Very often, credit borrowers, due to the difficulties that have arisen, are in a depressed state, under pressure from creditors. In this state, they need not only professional legal assistance, but also psychological support.

A credit debtor can find such support both from professional psychologists and from anti-collection companies, whose specialists, along with their basic services, involuntarily provide psychological assistance, reassuring the borrower and instilling hope for a possible positive resolution of his problem.

What problems await debtors

If the debtor is unable to pay off his debts, then the following problems await him:

• Proceedings with the security service of the credit company;
• Calls and threats from collection organizations;
• Seizure of property by bailiffs;
• Litigation;
• Increasing the amount of debt;
• Credit cards are being charged.

Legal assistance for debts in such situations is simply necessary. A specialist will help detect violations of legislation that will help mitigate the consequences (meaning challenging the clauses of the agreement). The defender will also help to resist the illegal actions of bailiffs, collectors, and credit companies. As you can see, professional assistance from a lawyer is extremely important here.

Statement of claim

If the debtor has the principle of not repaying the debt, we will still try to complete the peaceful path of resolving the conflict. But only if our actions do not have any impact, or the analysis shows that due to a number of circumstances it is best to carry out a judicial procedure for debt collection, we begin to carry out this work comprehensively.

Debt collection in court begins with a well-drafted statement of claim. This is the basis for his satisfaction with the trial.

Procedures for collecting debts from citizens in courts of general jurisdiction and from legal entities in arbitration courts have pitfalls.

The Russian Legal Aid Center provides a full range of legal assistance for debt collection through peaceful and judicial procedures. Consultation with a lawyer and lawyer on debt collection can be provided at any time convenient for you.