Loan agreement - monthly payments, taking into account interest for using a bank loan. Failure to fulfill obligations leads to unpleasant consequences - from debt collection through the courts to the seizure of collateral.

Liability for non-payment of a loan

What consequences await the borrower if the loan is not repaid should be indicated in the text of the signed agreement. The corresponding paragraph of the document provides for measures that may be applied to the non-payer.

The law provides for two types of financial liability for late payment of a loan:

1. Recovery from the debtor forfeit. It is determined as a percentage of the entire debt or a fixed amount is set. Sometimes the contract states that for late payment of funds, penalties will be applied for each day of delay (microfinance organizations).
2. Early payment of debt. The measure is applicable if the borrower defaults on payment by 2 months within 90 days.

Agreement with a financial institution

The reasons that arise for the borrower for non-payment of the loan are different: job loss, poor health and other unforeseen financial expenses. In the event of such a case, it is necessary to make contact with the bank, you cannot hide from the creditor.

Many banks provide programs for refinancing and restructuring loans.

The system allows you to avoid fines and penalties and maintains a positive credit history. To participate in the program, the borrower must write a corresponding application to the bank.

Collection procedure

Debt collection is carried out in two stages:

1. pre-trial settlement - involvement of collectors or own service financial institution;
2. court hearing.

The Law "On Consumer Lending" regulates communication with the borrower by representatives of bank employees and collectors. Employees are not entitled to call and write messages to the debtor from 22 to 8 in the morning, make frequent calls.

Cases when employees threaten to seize property, personal violence, hang photos in the entrance are abuse of power and a crime. The borrower can send an application to the police, the prosecutor's office and Roskomnadzor for the organization.

Judicial procedure - a statement of claim sent by the bank to arbitration. The amount includes fines and penalties. The debt is calculated to the maximum, the court session can be held without the presence of the borrower.

If the debtor cannot be present at the court, there is a good reason, then the court decision may be canceled.

To do this, a petition is submitted and a new meeting is appointed.

Enforced collection

The judgment can be appealed within 10 days.

The arbitration sends a writ of execution to the bailiff division. The debtor is handled by service employees. excited enforcement proceedings to collect funds from a borrower. If the borrower refuses to pay further, then the bailiff has the right:

• seize and sell property;
• withhold the defaulter's funds from his bank accounts;
• collect up to 50% of wages until the debt is fully repaid;
• limit travel outside the Russian Federation - a debt of over 10,000 rubles.

If, under a loan agreement, a pledged property was transferred to a bank, the creditor has the right, on the basis of a court decision, to auction the debtor's property in order to obtain funds to pay off the debt.
Vehicles and real estate are collateral. If the mortgage loan is not paid, the bank may evict the debtor without providing other housing.

What property cannot be recovered by bailiffs

• the only living space of the debtor (if the apartment is not pledged);
• household items, personal items, if it is not a luxury - jewelry, a second microwave oven, several televisions and other property;
• funds for the payment of alimony and benefits;
• things necessary for work or study - the only computer, phone.

Installment plan

The defendant under the claim document has the right to apply to the court for the provision of installments or deferred payments. Reason - objective circumstances that led to the deterioration of the financial situation.

The application is accompanied by papers confirming the existence of a difficult financial situation (certificate from the employment center or a document confirming disability).

A delay may be granted by the court until the debtor finds a new job or improves his health in order to fully repay the loan. Compliance with installments - the exclusion of the use of enforcement measures by bailiffs.

Criminal liability

Often employees of collection organizations scare the borrower with criminal liability. According to the laws, a debtor can be held criminally liable in two cases:

1. malicious evasion, article 177 of the Criminal Code of the Russian Federation - an amount of more than 1.5 million rubles;
2. fraudulent activities, article 159 of the Criminal Code of the Russian Federation.

Malicious evasion threatens only if the borrower has a large debt and deliberately does not pay it after a court decision is made and a claim is filed with bailiffs.

Loan collection services scare non-payers with article 159 of the Criminal Code of the Russian Federation on the fact of fraud for non-payment of debt. In this case, there must be facts on the elements of the crime: false information - the borrower submitted false documents, knowingly false data about himself and his work, the debtor initially intended to take a loan and not repay it.

If at least one payment was made on the loan, then criminal liability for it is empty threats of collectors.

The consequences of non-payment of the loan are reduced to the loss of funds in the form of penalties and fines. If there is a possibility of an agreement with the bank, then it is better to meet the employees halfway. If there is no opportunity, then the borrower should not be afraid of the court. Arbitration may reduce the interest on the loan if the debtor proves insolvency.

The availability of credit has led to the fact that hundreds of thousands of customers have received loan obligations. Receiving funds from the bank, citizens count on a quick repayment of the debt, but often the solvency only worsens, a debt is formed, penalties are charged. Allowing delays, the client thinks about what will happen if the loan is not paid, if further payments are no longer possible.

The relevance of the problem with non-payment of loans

In recent years, the general economic situation does not please the financial prospects of the majority of the population. Decrease in income levels, rise in prices and tariffs in certain segments of the economy, decrease in turnover and profits of entrepreneurs, loss of employment by employees - these are the circumstances that most non-payers on consumer and targeted loans (car loans, mortgages, etc.) face. The problem of non-payments is becoming widespread, which requires the adoption of additional financial protection measures both on the part of the borrower and the bank.

Some banks resort to mass actions to refinance debt on loans taken from other banks, while others persistently offer to issue insurance policies for the period of lending, others offer loans with the registration of collateral.

For individuals, the situation is complicated by the fact that the most popular type of lending was credit cards issued almost on demand, without income statements and any additional efforts on the part of the person. The presence of "easy" money allowed for a while to compensate for the deterioration of the financial situation, however, as the funds on the card were spent and the loan period increased, the amount of debt grew like a "snowball" over 1-5 years. Attempts to refinance in another bank led to the formation of more and more debts and obligations to pay interest to the bank. In the absence of timely active actions, the debtor of banks fell into a situation of bankruptcy with further negative consequences for at least 5 years.

The seriousness of the situation makes it necessary to pay special attention to lending in the new environment, when the risk of losing a job or losing other sources of income is very high.

What to do for those citizens from among the 25% of the population of the entire country who have been in a very unpleasant situation for years is decided based on the specific situation, taking into account the available opportunities to resolve the issue peacefully or through the courts. The main thing to understand when the amount of the monthly payment exceeds the monthly income is that the problem cannot be resolved without the active participation of the debtor in it.

Consequences of non-compliance with financial obligations to the bank

For many borrowers, faced with the inability to service the debt accumulated before the bank, the situation looks like a catastrophe. A correct assessment of the situation and the choice of the right decision will allow you to get out of a long vicious circle of endless fines and proceedings.

The termination of payments on loans leads to active actions of banking services that require funds to pay off debts and pay fines. If the pre-trial settlement did not have results, the solution may be to go to court. This will stop the process of accruing interest and fix the amount of accumulated debt. In the future, the parties (creditor and debtor) will be able to resolve the problem on the basis of a court decision that will take into account not only the interests of the bank, but also the position of the debtor, if he presents sufficient evidence that non-payments arose for objective reasons beyond his control.

If there is nothing to pay the debt, and the amount only increases, it makes sense to think about conducting bankruptcy proceedings. However, the process is quite lengthy and takes a lot of effort. In addition, the consequences of bankruptcy will negatively affect the life of the borrower over the next 5 years or more.

Bankruptcy or restructuring?

Having appeared relatively recently, collection activity has made a certain stir among many non-payers of credit organizations. Sometimes their methods of work border on violations of the law (threats, blackmail, extortion). In 2015, a law was adopted that directly related to the bank's debtors - "On Bankruptcy".

The provisions of this law clarified the issue of regulating the relationship between debtors and creditors, which were previously based only on general provisions legislation. As a result, clients unable to pay all debts to banks were able to initiate bankruptcy proceedings.

For credit institutions, such a solution to the issue means the risk of a complete non-return of funds. Debt cancellation is an extremely undesirable measure that is unprofitable for the bank, so the lender, just like the client, is interested in stabilizing the situation and finding a way acceptable to both parties.

Based on the dynamics of the growth of non-payments, credit institutions more willingly began to use various options that made it possible to stop debt collection actions, with compensation for losses in smaller amounts, for a longer period and with lower interest. As never before, various restructuring and refinancing programs with deferred payment or a maturity longer than the original, cancellation of penalties are popular. The success of regulating the issue of non-payments to the bank largely depends on the client himself - the sooner the borrower starts negotiations with the bank and reports financial difficulties, the less consequences this will lead to.

By ignoring the bank's calls with reminders to repay the debt, the borrower forces the bank to take more stringent measures - letters and SMS informing, charging penalties, and, as a result, filing a lawsuit demanding payment of the debt to the court.

At the stage of negotiations with the bank, unpaid loans will force the bank to use a wide tool of measures to influence the client:

1. Write-off of debt from the client's accounts (if any, as well as the inclusion in the loan agreement of a clause that gives the bank such a right).
2. Appeal with the requirement to return the debt to the guarantor, co-borrower, guarantor.
3. Assigning the issue of debt recovery to collection agencies (without debt redemption).
4. Litigation (with a debt amount of up to half a million, the case will be considered in the magistrate's court within 10 days, in the absence of an appeal, the court decision is transferred to bailiffs for execution).
5. Presenting claims to other persons involved in the loan (guarantors and co-borrowers). If there is property, the debt will be repaid by seizing and further selling the property of the debtor, borrower or guarantor.
6. Registration of the assignment of the right to claim - the signing of an assignment agreement, as a rule, with a collection agency. As a rule, the collector redeems debts in large volumes, since it is far from always possible to repay the debt in full and with interest. Losses on one of the repurchased debts can be offset by gains on other debts.

These measures refer to the actions of the bank to compel the payment of the debt. However, the issue can also be resolved by peaceful agreements. The decision whether to apply to a third party (collectors or the court) to receive funds is made individually.

The general scheme of actions of a bank faced with non-payments is as follows:

1. Actions before going to court. The borrower experiences psychological impact from various services of the bank. It is recommended to document all negotiations with the bank (recording of telephone conversations, preservation of written evidence of exceeding legal authority by the bank).
2. Litigation. If the preliminary stage of influencing the debtor is not successful, the creditor goes to court. For the period of judicial review, all property of the debtor is under arrest.
3. Actions based on a court order. At this stage, work on the recovery of the debt is carried out by bailiffs.

It is important to choose the right tactics of action, as incorrect behavior will have even more serious consequences for the debtor.

Deciding not to pay the loan will not solve the problem with the debt. Even if a person cannot make a payment for objective reasons, credit organisation will definitely remind you of obligations.

After the borrower has not paid the next installment, a call will come from the bank, numerous SMS notifications will be sent demanding to pay the debt.

If the client stops responding to calls, the bank will act more harshly. The debt will be transferred to a special collection department, or the bank will turn to collectors, whose methods of influence sometimes exceed the limits of legal and reasonable.

The best option for both parties is to reach a compromise solution and be open to the creditor.

Do not waste your nerves by talking in raised tones. Sometimes intimidation by the court is a more desirable way of resolving the issue if the bank is not going to make concessions and does not offer acceptable ways of repayment. When a person does not pay for a loan, what will happen to his debt and how to repay it, the court decides.

After the court has considered the case and made a decision, the bailiff service is connected. As a rule, a court decision obliges the debtor to return the money to the bank, but for the defendant positive moment is the fact that the amount has already been fixed, and if there are good reasons, the amount of the debt does not include accrued interest and exempts from paying fines. In order to receive relief from the court, the defendant must prove that the formation of debt is associated with serious reasons: loss of work, health, other sources of income, death of the main earner in the family, etc.

Having received a court order for execution, bailiffs have the right to:

1. Take the property of the guilty person and organize a sale, and pay the debt to the bank with the proceeds.
2. Seize accounts by forcibly sending part of the funds from them to compensate the debt to the bank.
3. Settle the procedure for collecting debt from the defendant's income.
4. Restrict the right to travel abroad.

Until recently, former clients of the bank could hope that the arrest of the only housing is impossible. However, at present, even such housing can be used to generate additional income, which would be used to pay the debt to the bank. It is within the competence of the bailiff to seize such property and prohibit the right to dispose of it until the debt is paid.

Taking a loan and not paying for it will not work at all. The lack of any action and ignoring the problem only worsens the position of the debtor. Meanwhile, there are many ways to get rid of debt, even with a significant decrease in solvency.

Faced with a further inability to service the debt, the client decides:

1. Completely refuse payments.
2. Go to negotiations with the bank in order to provide acceptable terms for repaying the debt.

Sometimes the situation looks so deplorable that it is easier to get a court order that would take into account the situation of the client than to continue to carry an unbearable burden. It is strongly recommended that you involve a lawyer in the settlement of the issue or seek help from experienced bankruptcy professionals.

No matter how hopeless the situation may seem, for a debtor who has taken a loan from a bank, there is always a way out.

The following tips will help the defaulter improve their situation:

1. Rupture or revision of relations with the bank under the contract. Sometimes a careful study of the contract allows you to cancel the contract when it finds clauses that violate the provisions of the law. In some cases, it is possible to get rid of commissions, penalties, fines, fix the debt.
2. Debt redemption. Not everyone knows that not only a collector can take a debt for a debtor. A similar right has the right to declare before the bank one of the relatives of the debtor. As a rule, the amount of debt upon redemption is much less than the actually accrued - from 20 to 50%. In addition, legal entities are allowed to redeem debt.
3. The use of restructuring measures in the framework of reaching amicable agreements with the creditor (refinancing, credit holidays, restructuring). These measures will make it possible to achieve a reduction in the amounts paid, to cancel fines, and to increase the term of debt repayment.
4. Declaration of bankruptcy. Thanks to the federal law, the process of declaring an individual bankrupt received tools for legally solving the problems of a defaulter. Bankruptcy of an individual is the recognition of the insolvency of a citizen as a payer, which entails the impossibility of repaying the debt.

When deciding for yourself whether it is possible not to pay a loan if you initiate your own bankruptcy, you should not assume that this procedure will get rid of the problem without any consequences. This process is serious and is associated with the transition of the client to a special legal status.

What to do if there is a delay and there is nothing to pay the loan? How does the court proceed with the bank if there are debts? Is it possible not to pay a loan at all and how to do it legally?

Hello readers and visitors of the HeatherBober online magazine! Denis Kuderin is in touch.

We continue the multifaceted topic of financial insolvency (bankruptcy). In a new article, I will try to answer the question of what will happen if you do not pay your credit bills.

The publication will be useful to everyone who has taken a loan from a bank at least once, as well as to those who are going to do it in the near future or in the long term. Knowing what happens in case of non-payment of the debt is necessary for everyone who deals with loans.

One of my close friends got into an unpleasant situation - he took out a loan and overdue payment. Therefore, I know firsthand what the bank can do in such situations.

I'll go into detail below!

1. What will happen if you do not pay the loan?

When a person borrows money, he roughly imagines how he will give it back - deduct a certain percentage from his salary, repay the loan ahead of schedule from additional income, etc.

Each borrower believes in the best - that debt obligations will be repaid without delay, or even ahead of schedule. When signing a loan agreement, few people think in advance about unforeseen options - such as dismissal, economic crisis, force majeure.

And those options are all over the place. The money that is needed to pay off the debt goes in another direction, there is absolutely nothing to repay loans, and the loan itself turns into an unbearable burden.

What do you do if you can't repay the debt? What happens if the debtor stops paying the loan? It is better to know the answers to such questions in advance in order to develop an effective plan of action in which case.

If the debtor behaves correctly, the forced non-payment of the loan will not turn into a disaster. Sometimes it is even more profitable for the borrower to refuse exorbitant monthly payments and initiate a case on their financial insolvency (bankruptcy).

Judicial enforcement mechanisms are such that during the proceedings, the accrual of interest is suspended, and the amount of the debt is fixed. The new debt repayment schedule is being discussed with the financial managers, who for the most part are always ready to compromise.

Myths about loan defaults

To reassure readers, I want to immediately refute a number of the most common "horror stories" with which some bank employees and collectors like to scare gullible customers.

If you default on your loans, the following will NOT happen to you:

• no one will break your legs, cut out a kidney or kidnap your children: at the moment, not a single case of real physical violence against debtors by collectors or banks has been recorded;
• if you are not a persistent defaulter, you will not be sent to prison and will not be given a suspended sentence - when they say "trial for non-payment", they mean court of Arbitration rather than criminal prosecution;
• social workers will not deprive you of parental rights;
• your relatives will not be liable for debts (unless they were guarantors).

In other words, non-payment on loans is a purely financial problem that concerns only the debtor and the credit institution.

Read more about the mechanisms and consequences in a special article on our blog.

However, a frivolous attitude to unpaid debts is also unacceptable, as are fears and panic. It will not be possible to do without unpleasant moments, but you can prepare for them in advance.

Legal aspect of the issue

The protection of the rights of the debtor is the work of the debtor himself, as well as the lawyers and anti-collectors involved by him. No one will help borrowers for free, but it is in their power to study the legal aspects of insolvency and skillfully use the knowledge gained.

The Law on Bankruptcy of Individuals in the Russian Federation came into force at the end of 2015. Before that, all conflicts between banks and borrowers were resolved on an individual basis within the framework of general federal legislation.

The need to recognize the bankruptcy of individuals (these include individual entrepreneurs) is overdue in connection with the development of the institution of lending in the country. Consumer loans available today to everyone, and millions of citizens have already taken advantage of this opportunity.

Purchasing power has grown, but not all borrowers are able to realistically assess their financial potential. This is partly due to the low level of financial literacy of the population.

Abroad, the credit system has been operating for a good hundred years; the inhabitants of our country have not yet developed a proper attitude towards debt issues. In the middle of the 2000s, citizens took loans, as they say, "packs", almost without thinking how they would pay them back.

The results of this approach to loans are disappointing:

• almost a third of the population of the Russian Federation (about 40 million) has debts to banks or MFIs;
• of this number, 5-6 million have the status of non-payers - that is, they constantly or periodically violate their debt obligations.

Relations with the bank after the formation of overdue payments usually develop according to the following scenario:

1. Pre-trial stage. At this stage, the debtor is subjected to psychological pressure, and sometimes threats from creditors. Lawyers advise, if possible, to document all the actions of bank employees, so that in which case you have something to contact law enforcement organizations with.
2. Judicial stage. The bank has the legal right to recover money through the court. At the time of the process, the property of the debtor ( material values and accounts) are seized.
3. Post-trial stage. Depending on the decision made in court, the debtor is subject to certain sanctions.

If the debtor behaves competently at all stages, the consequences of non-payment on loans will be minimal. If you choose the wrong line of behavior, bankruptcy will take away a fair amount of strength and nervous energy from you.

2. How money is collected after the trial - the main stages

Before proceeding to the stage of collecting money after the trial, I will talk a little about the pre-trial actions of the bank.

If you decide not to pay your bills or cannot do so for reasons beyond your control, do not expect the banks to forget about the debt and leave you alone.

Within a couple of weeks after the first delay, an SMS reminder from the bank will come to your number. Then employees will call you. At first, these appeals will be correct - you never know, maybe you really just forgot to transfer money from the account. Then the reminders will become tougher.

Some clients at this stage choose a fundamentally wrong line of behavior - I call it the "ostrich position". They do not answer calls, ignore SMS calls and generally hide their heads in the sand, apparently believing that the problem will resolve itself, like a seam after a hypnotherapist session.

I assure you it won't fade. The number of calls will only grow, and after a while your case will be transferred to the collection department of a financial company or collectors. These structures act in almost the same way - they put pressure on the debtor in all possible ways, not allowing them to relax.

Correct lines of conduct at the pre-trial stage:

• negotiations with the bank;
• mutual concessions;
• compromise solutions.

This does not always lead to the desired results, but at least it saves your nerves.

And then - even if it comes to court, it's not a disaster. Yes, your life will change, but it is in your power to get out of the financial impasse with the least losses.

Let's move on: the court held scheduled hearings on your case, considered all the circumstances of non-payment and delivered a verdict. Usually the court decision is unequivocal - the debtor pays a certain amount to the bank. How this is done depends on the particular circumstances of the case.

All details of the following after the sanctions are determined by the bailiffs. This instance has much more powers than the same collectors. In the hands of the bailiffs are the most powerful executive tools that allow them to achieve the main goal - the fulfillment of debt obligations.

I will talk about these tools in detail.

Stage number 1. Arrest of property

Arrest of movable and real estate- an almost mandatory procedure if it came to recognizing the bankruptcy of individuals and legal entities. The arrest is also imposed in cases where you took a loan secured.

Example

If you took out a loan secured by your own car, the court has full right seize your car. If you decide to sell it or hide it, you will become a hard-core evader and may face criminal liability for your actions.

After the arrest of the car by the court vehicle will be described by the bailiffs, and then sold at a free auction. The proceeds from the payments will be used to pay off the debt. If extra money remains after the sale, they will be returned to the owner.

But even if there was no talk of any collateral during the execution of the loan agreement, property can be arrested - in those situations where it is impossible to pay off debts in any other way.

Can bailiffs take away an apartment for debts? Only if this housing is not your only place of residence. In addition to housing and transport, bailiffs have the right to seize household appliances, furniture, and jewelry.

What happens if the debtor has no valuable property? Banks and bailiffs will look for other options for repaying the debt. They will make inquiries to the tax and financial institutions to find out where you work, salary and bank account status.

Stage number 2. Foreclosure on money

Foreclosure on the finances of debtors is an effective tool for repaying debt. In terms of efficiency, it is not inferior to the arrest and sale of valuable property of insolvent borrowers.

Having learned in which banks the citizen has accounts, the bailiffs have the right to arrest them and transfer the funds to the creditor. The right applies to any deposits other than those for which social payments and government benefits.

Such accounts can also be arrested, but after the source of funding is clarified, restrictions are removed from them. The debtor has the right to challenge the decision of the court by contacting the relevant services.

Stage number 3. Indexation of the amount of debt

The essence of this stage is as follows. Without indexation, a person who borrowed 100 rubles 10 years ago pays the lender exactly this amount.

However, as a result of inflation, devaluation and economic crises the real value of the mentioned amount is reduced several times. The debtor will be the winner, the creditor will be the fool.

Against the background of the permanent instability of the ruble, the indexation of the amount of debt is of particular relevance. Such a decision is usually made in cases where the court verdict on the fulfillment of debt obligations has already entered into force, but the debtor for some reason did not fulfill it or fulfilled it only after a few years.

The threat of indexation is a kind of incentive for debtors to execute judgments more quickly.

Stage number 4. Direction of the writ of execution at the place of work

The essence of such an executive mechanism is extremely clear. When a citizen does not have valuable property and money on deposits, this does not mean that banks will forgive him all his debts. You still have to pay bills.

At the place of work of the person, the bailiffs send a writ of execution, which prescribes the deduction of part of the amount from the salary due to the debtor in favor of the creditor. Usually this is 50% of the official salary. Through the court, you can achieve a reduction in the percentage of payments, but it will not be possible to completely cancel such a decision.

Stage number 5. Restrictions on rights

In addition to collecting money, there are other mechanisms for influencing negligent borrowers. For example, they are prohibited from leaving the country until their loan debts are paid in full.

Persons declared bankrupt are prohibited from holding managerial positions for a certain period of time.

Of course, bankruptcy negatively affects the credit history of a citizen. It is unlikely that he will be able to take out a new loan if he has already been on trial for non-payment of a previous debt.

Stage number 6. Forced eviction

The bailiffs have to take the apartment and evict the owner only if this is not the only housing of the debtor. In addition, the amount of debt must be comparable to the price of real estate.

Example

If the debt is 300 thousand rubles, and the cost of the apartment is 10 million, the court is unlikely to insist on the withdrawal of housing, but will try to resolve the issue in a different way.

Real estate will not be taken away also if part of the living space belongs to minors or those are at least registered in the apartment. Social guardianship bodies strictly monitor the observance of children's rights.

Bailiffs rarely resort to the housing inventory procedure, but in theory such a situation is quite possible. The process of eviction takes place accompanied by witnesses. If the debtor refuses to leave his native walls voluntarily, forced action by law enforcement agencies is allowed.

3. How not to pay a loan legally - 5 basic tips

We have considered all the negative consequences of non-payment of loans, now it's time to tell you how you can avoid situations that are undesirable for borrowers or at least reduce the damage.

The recipient of the loan has the right to cancel the agreement if violations are found in it. Sometimes, with the help of professional lawyers, debtors manage to cancel the extortionate charges of banks and fix the amount of debt.

In rare cases, it turns out even to completely refuse payments - if gross violations are found on the part of the credit company.

The problem is that only specialists can find loopholes in legal documents, and their services cost money.

When the bank transfers your debt to collectors, a good option to reduce the damage is for someone close to you to buy the debt.

Not all borrowers are aware that such a way to resolve the issue exists at all. However, the redemption procedure is quite legal and is similar to that when transferring bank debt to collectors.

The minimum redemption is 20%, the maximum is half. The law allows the redemption of debt by legal entities.

The best debt solution. Banks often meet their clients halfway if they pursue a policy of openness and do not shy away from negotiations.

There are several types of peaceful conflict resolution:

• debt restructuring;
• refinancing - obtaining a new loan to cover the previous loan;
• deferment of payments (credit holidays) - sometimes the bank allows customers to postpone the repayment of the debt for a year or two (only interest is charged during this period).

It is easier to find a compromise for loyal customers who have not previously allowed delays in payments.

Advice 4. We restructure credit debt

The most common compromise solution. Restructuring is a set of measures designed to stabilize the financial status of the debtor.

Here I will briefly indicate what measures are being taken to restore the solvency of a citizen:

• reduction in the amount of monthly payments;
• increase in the total term of the loan;
• cancellation of fines for a certain period.

Restructuring is one of the favorable outcomes of bankruptcy cases.

Insolvency means that the debtor has no real ability to repay the debt. When a person becomes bankrupt, his property and accounts are seized. Next, the procedure for the sale of assets is assigned.

Valuation of the property is carried out by an official - a financial manager. He also appoints the time and method of selling valuable things in favor of the creditor.

4. Who can help if there is nothing to pay on the loan - an overview of the TOP-5 anti-collection agencies

People who are in trouble financial situations are assisted by law firms specializing in bankruptcy and civil insolvency. Such organizations are called "anti-collectors".

I bring to the attention of readers a list of 5 most competent and popular law firms in the Russian Federation in this area.

1) OFIR

Company headquartered in Moscow providing services individuals. Solves all issues related to overdue bank loans and outstanding debt obligations.

Assistance of professional credit lawyers (anti-collectors), support for citizens in difficult financial situations, work with banks, collectors, micro-loan organizations, leasing agencies.

2) First Anti-Collection Agency

A firm dealing with debts of citizens and legal entities to banks, MFIs and leasing companies. The name of the company speaks for itself - any anti-collection services, legal write-off of debts to individuals and legal entities.

Confidentiality guarantee, 24-hour professional consultations of lawyers and bankruptcy specialists. Experience in handling complex financial and legal cases that other anti-collection companies have abandoned.

Qualified assistance in solving any problems of borrowers. Among the advantages of the company is a large staff of experienced lawyers and the possibility of remote consultations with employees.

The bureau employs only professional and experienced lawyers specializing in the bankruptcy of legal entities and individuals. Solving issues and conflict situations related to pressure on citizens, collectors and bank representatives.

Professional protection of citizens in the fight for their legal rights in relation to all kinds of debts. The motto of the company is "The law is on your side."

The company employs lawyers with the highest qualifications, experience in bankruptcy cases and thorough knowledge Civil Code. Guaranteed quick resolution of any conflict situations, reduction or cancellation of fines, restructuring of debt obligations.

Full cycle agency with an office in St. Petersburg. The main specialization of the company is the bankruptcy of citizens (individuals).

The agency protects borrowers from the actions of collectors and banks, returns illegally taken fines and commissions. The company specializes in "turnkey bankruptcy" taking into account the client's budget. A course towards a complete and most beneficial solution for debtors to a credit problem.

For convenience, I will present the main characteristics of agencies in the form of a table:

№	Company name	Head office location	Advantages and features of work
1	OFIR	Moscow	Guaranteed success in 99% of cases
2	First Anticollection Agency	Moscow	Resolution of the issue in favor of the client within a day
3		Moscow	Free phone consultations
4		Moscow	Round-the-clock remote consultations via the Internet
5		St. Petersburg	The course for maximum savings of the client's funds.

If I do not pay the loan, what should I do? In the conditions of modern economic instability, the number of people who are unable to repay their debt obligations on time continues to grow. A person who has lost his job is simply unable to make a monthly payment and he begins to wonder what will happen if he does not pay the loan for 3 years?

There are countless stories on online forums about unlucky borrowers and what happens when they default. The most common reason I can't pay a loan is because I don't have money or a job!

The consequences of non-payment can be very sad, so it is better to familiarize yourself with possible troubles in advance and find ways out of this situation. Let's try to figure out whether non-payment of loans is a disaster, or is everything not so scary?

From this article you will learn:

What are the types of loans?

There are several types of loans for individuals:

• Target it can be a mortgage, car loans;
• Consumer finance is issued for any needs;
• Loans on the card;
• Purchase of goods in installments.

If you do not pay a loan to a bank taken for certain needs, then it takes away the collateral for its repayment. They usually take motor transport, an apartment, a plot.

How long can you not pay your debts?

Financial institutions carefully monitor the receipt of payments to their accounts. Already after the first week of delay, calls from employees of the institution and SMS reminders begin. At first, communicating with an insolvent person will be polite, and over time, the tone of communication may change.

Then the debtor begins to regularly receive letters demanding to pay the loan.

After that, the financial institution can resell the loan amount to collectors, which have long been told by horror stories.

If all these methods did not help, then the bank turns to the judicial authorities for the forced recovery of finances.

If you do not pay the loan for 2 months or more, what will happen?

It also happens that a person has lost his job and is actively looking for a new one. During this period, he does not have the opportunity to repay his obligations. And at this moment he is interested in one thing that threatens me if I do not pay the loan for a while?

• If payments are not made for two or more months, then fines and penalties continue to accrue throughout this period. The total amount of debt is only increasing.
• If delays are allowed regularly, then the financial institution has the right to terminate the contract ahead of schedule and demand payment of the remaining amount within a short period of time.

What to do in case of threats from the bank and collectors?

Banks rarely resort to life threats, preferring to act within the law. If payment on debt obligations has not been made for more than a year, then financial institutions resell the debt to a collection service. This is what people who have made delays are most afraid of.

How to act if there is pressure collectors?

Remember that collectors have no right to seize property or money. All these actions can be related to extortion and are prosecuted in the prescribed manner.

If you cannot pay the loan, and collectors spoil the lives of your relatives and neighbors, threaten with reprisals, then you should immediately contact the police. It is better to record each threat and call on a voice recorder or video camera.

Such organizations rarely overstep the bounds of what is permitted and use physical force. The main methods of their activity are psychological pressure on the unlucky unemployed.

Crying and begging them to leave you alone is pointless. Contacting the legal authorities will save you strength and nerves. If the police are inactive, then contact the prosecutor's office!

If you don't pay for a year or more

One of the frequently asked questions on the forums I haven’t paid a loan for a year, what should I do? Advice to such a borrower is given very ambiguous, so it is better to turn to professionals who can help in this situation. Stop making payments for a loan is not a way out of this situation, because the possible consequences can be unpleasant for an insolvent person.

In the event of a long delay, the financial institution goes to court for the procedure for forced repayment of the loan.

There are two ways to go to court:

1. The bank appeals to the magistrate, who has the right not even to notify the defendant, but to issue a ruling unilaterally.
2. The bank appeals to the district court. In this case, the borrower will certainly be notified of the upcoming trial. If a person comes to the meeting and provides specific facts of the impossibility of payment, supported by legal provisions, then the judge can meet halfway and reduce the amount payable, reducing penalties, fines and interest. It is possible to pay the amount of debt for several years, moreover, it will not increase, because after the decision is made, the growth of debt stops.

What happens if you do not pay the loan at all after the court decision?

At the court session, the procedure for repayment of problem debts is determined. If, after a court decision, the debtor does not want to pay off debt obligations, then the writ of execution in this case is transferred to the bailiff service. This service is endowed with enormous powers to collect bad debts.

• The bailiff will block all accounts of the debtor and forcibly write off the money to a special account of the creditor;
• There is a seizure of property for subsequent sale at auction;
• Up to 50% will be withheld from the official income of the borrower until the full payment of the entire amount;
• An arrest is made on movable and immovable property. The debtor will not be able to donate and sell it;
• A person will not be released from the country and he will not be able to travel abroad until he pays everything in full.

How long can you not pay a loan after a court decision?

If there is no property and official income, then you can try to find a compromise with the bailiffs and pay feasible amounts monthly. Then trouble can be avoided. You can pay in this way for three years and five years, and more. If you pay minimum payments, even 50 rubles each, then the bailiffs will not disturb you. To stop paying such amounts means that sanctions of the collection service will be applied to you again.

Can I be jailed for non-payment of debt?

Collectors like to scare insolvent people with possible imprisonment. Let's see if a person will be imprisoned if he does not pay his bills?

Article 177 of the Criminal Code of the Russian Federation Evasion of payment of accounts payable allows for liability for non-payment of credit obligations for up to two years in prison. But liability under this article occurs if the amount is more than 1.5 million rubles.

Another article that is so fond of scaring insolvent borrowers is 159 of the Criminal Code of the Russian Federation Fraud also allows for a prison term of up to two years. But attraction under this article occurs if a person obviously did not intend to make payments when he resorted to lending. This is very difficult to prove, so 99% of people who are insolvent need not worry.

Lending is a procedure related to civil procedural relations. Therefore, bringing to criminal responsibility occurs only in those cases when the intent to evade the fulfillment of the obligations assumed is proven, and since it is very difficult to do this, no one will be imprisoned.

The difficult economic situation does not allow most people to make a monthly payment on their debts. The duration of the delay is two, three, and sometimes five years.

If you do not pay the loan for three years

I have not paid a loan for 3 years, what will happen - this question is of interest to many ordinary people. Article 169 of the Civil Code of the Russian Federation states that a financial institution risks losing the right to recover debts after three years. This is the statute of limitations for cases of this category. If you do not pay the loan for three years and during this time the bank does not sue the unscrupulous payer, then the statute of limitations expires and it is impossible to bring him to fulfill obligations.

The period of three years starts from the date of the last payment. If the plaintiff has not exercised his right to file an application with the judicial authorities, he will lose the right to claim the amount of the debt. Even if representatives of the financial institution seek assistance in collecting such debts from the State authorities, the defendant must file a counter-claim with an argument about the expiration of the statute of limitations. After this, the negligent debtor cannot be forced to return the funds. Therefore, those people who have not paid their obligations for three years can sleep peacefully.

The same advice can be addressed to those debtors who torment themselves with the question: I don’t pay a loan, what will happen if 4 years have passed? Nothing will happen. If you borrowed and did not pay for three years, then all the terms for applying the enforcement procedure to you have expired, even if the amount is not paid in full.

If not paid for 2 years

You can not pay the loan for two years. But the time remaining before the expiration of the limitation period will have to live in anticipation of the visit of collectors or bailiffs. It must be remembered that as soon as you make a small payment, the statute of limitations begins to count down again.

Therefore, if a person asks the question if I don’t pay a loan for 2 years, what will happen? Quo;, then he can be advised the following:

• Wait until it expires fixed time prescription, if no action is taken to recover;
• Try to take out a loan elsewhere and restructure liabilities. By the way, the annual percentage in this case may be less and the overpayment will be reduced.

All these actions will help to avoid unpleasant consequences.

Video about the consequences of non-payment on the loan

Do delinquencies affect credit history?

In the event of one or two minor delays, the bank does not transfer the borrower's data to the general credit bureau. But if you do not pay for a long time or the lender applied to the judicial authorities to collect the debt, then these data are entered into a common database, which will subsequently greatly complicate obtaining other types of loans. This also applies to those cases where the financial situation of a person stabilizes. A loan paid on time is the key to successful cooperation with financial institutions in the future!

In conclusion, we note that debt collection occurs in each region in different ways. If you do not have legal knowledge to protect yourself, then it is better to use the services of a lawyer. He will be able to do everything competently and save a lot of nerves and effort.

Each person applying for a loan - ideally - roughly predicted exactly how its repayment will be carried out. Some, but not all, even have some kind of fallback for force majeure situations. But forecasting and analysis of the prospects are not subject to everyone. And it will be very useful for such borrowers to find out what will happen if you do not pay the loan. With this information, you will not be afraid of the delay and its consequences.

Relations with the bank: in what direction are they changing?

Let's start with the good: there are so-called safe delays. They arise in a situation where the delay in payment does not exceed five days. Of course, there will be consequences (for example, a penalty of 0.1% of the next payment), but they are unlikely to ruin the life of the borrower.

But if you don’t pay the loan for a month, then this is a completely different matter, because the lender will no longer agree to a delay. As well as restructuring. In addition, after 30 days of delay, the information is transferred to the NCBI and the credit history is damaged.

After the repayment of the loan has been suspended for some reason, there are three stages in relations with a financial institution:

• pre-trial;
• credit court;
• post-trial.

The first case is ideal for checking the psyche, as pressure begins to be exerted on the borrower. And first the lender threatens, and then the collection service. The best protection is fixing the facts of threats (voice recorder, camera, recording of telephone conversations) with subsequent contact with the police.

The second stage is characterized by the filing of a lawsuit by the bank in order to return the funds due to it through the court. This process will likely take several months. However, the main thing is that the court will fix the specific amount of the debt.

If the client does not pay the money in the amount established by the judicial authority, the third phase begins - post-judicial. Here the bailiffs are the masters of the situation. These guys will make sure that the repayment goes smoothly. Possible options are withholding part of the salary and / or seizing valuables from the borrower.

Remember, if you know what will happen if you do not pay the loan to the bank, then you will be fully equipped in a situation where the first stage is replaced by the second, and the second by the third. Such knowledge will help save not only money, but also nerves and peace of mind.

What you need to know about collectors

As you already understood, there can be only one answer to the question of how long you can not pay a loan: it is better not to allow such a development of events. But if the delay arose and is growing, get ready for a meeting with collectors.

Not all banks use their services. Those who do not resell debts first work with problem borrowers by sending them SMS reminders of the need to repay or phone calls. If the attempts are unsuccessful, a third-party service is connected - a collection service.

The methods by which they try to force a person to pay a debt are sometimes inhuman. This can be, for example, calls at night with threats of physical violence. In order to protect yourself from the harassment of such smart people, you should record them and transfer them with an appropriate statement to law enforcement agencies. It should not be thought that this is ineffective. It is better to think about how you will feel when they begin to influence relatives and friends.

It should be understood that you need to contact the department that is in charge of the relevant violations:

• threats by phone or in person - the police;
• violations relating to personal information - Roskomnadzor;
• disclosure of information constituting a bank secret - the Central Bank of the Russian Federation.

Official reduction of obligations after the connection of Themis

What do you think the bank does if the loan is not paid and this debt is not sold to collectors? That's right: go to court. This usually happens after 6-12 months, starting from the date when the receipt of funds from the borrower stopped.

The lender has two options to choose from:

• appeal to the justice of the peace;
• filing a claim with the district court.

The first option is unlikely, since a court order is canceled as easily as it is issued. It is designed for those who have a very vague idea of ​​their rights.

In the second case, the proceedings can drag on for months. There is a very important point here. Some banks indicate in the claim an amount that significantly exceeds the amount of debt with fines, penalties, and so on. Therefore, you should make your own calculations (they must be 100% correct) in order to have a counterargument in court. You should refer to the loan agreement, the bank's tariffs taken on its official website, and so on. If everything is calculated correctly, then you will have to pay only for what is supposed to be.

The judicial stage of relations with the bank is good because the judge fixes the amount claimed by the plaintiff. Simply put, the bank does not charge interest. This is a good reason to take a breath. However, it is too early to relax.

The court made a decision. What's next?

At this stage, prepare for the visit of bailiffs. Unlike semi-illegal collectors, they have many ways and tools to get money from the defendant. First of all, property falls under distribution: a car, household appliances, bank accounts and even real estate.

If the borrower has no property, his "white" income suffers. Part of the latter goes to pay the amount determined by the court.

For many of our compatriots, a salary "in an envelope" is a normal phenomenon, from which there is no escape. Therefore, if the borrower does not have official income, and does not intend to be deprived of liberty for failure to comply with a court decision, you can negotiate with bailiffs. Usually they come to the conclusion that the defendant monthly transfers a certain amount of funds to repay the loan, and the bailiffs do not cause him concern.

The law is harsh!

One of the best answers to the question of what will happen if the loan is not paid in full is given by the Criminal Code. Russian Federation. More precisely, his 177th article. It is appropriately titled: malicious evasion of repayment of accounts payable.

What does the article say? First, that liability arises after the entry into force of a judicial act. Secondly, the measures applied to the violator can be soft and quite tough. In particular, the punishment provides for (either/or):

• a fine not exceeding two hundred thousand rubles. Alternatively, it may be held for one and a half years wage or other income received;
• compulsory labor for 60 working days (alternative: forced labor for 24 months);
• arrest (up to six months);
• imprisonment (up to 24 months).

As you can see, the prospects of the defaulter are "one more beautiful than the other."

You can find the answer to the question of how long you can not pay the loan, you can in the loan agreement. Usually in the relevant section (responsibility of the parties) this point is spelled out in sufficient detail. However, it will be much more useful to think about how to get out of this situation with the least losses. At a minimum, without arrest, and even more so without imprisonment for up to two years.

Interesting statistics

And finally, some thematic information:

• Every fourth Russian family has a valid loan.
• More than a third of borrowers say that loan servicing (that is, paying interest) is the hardest thing to manage.
• Two out of ten who have a loan are sure that it will not be possible to repay it.

As statistics show, the main reasons for the failure to return funds to a banking organization are a sudden loss of work and health problems.

Summing up

Thus, if you do not know what will happen if you do not pay the loan for a month, be calm. The bank, most likely, will send you SMS and call you with a reminder to pay off the debt. If these actions are left unattended, one should prepare for the trial and the post-trial phase, which implies close cooperation with the bailiffs and voluntary-compulsory repayment of the debt.

June 11, 2016, 18:33 9886 0