No one is immune from the deterioration of the financial situation. Sometimes circumstances do not allow you to pay the loan on time, which causes delays. Violation loan agreement leads to fines and penalties. You can resolve the issue by reducing the debt: for example, to achieve the abolition of interest on the loan or reduce the penalty.

Decrease in loan interest

To change the terms of a financial contract, you need good reasons.

You can achieve the cancellation of interest through the court, but only if the creditor unilaterally violated the terms of the contract. For example, if the bank increased the interest rate without the knowledge of the client, after which the total debt increased. According to article 29 of the Civil Code of the Russian Federation, the creditor still has the right to do so. But the parties must come to a unified agreement in accordance with Article 452 to change the terms of the contract or terminate it. If this does not happen, the court may lower the interest rate.

In a contractual relationship, the borrower is a weakly protected party. Therefore, for infringement of his rights, the court may punish the bank. As a punishment, either a decrease in the cost of the loan, or the complete abolition of interest on the loan is assigned. Sometimes the court orders financial organization return the interest initially specified in the loan agreement. But this happens very rarely.

It makes sense to go to court to reduce interest only when there are very good reasons for this.

Reduced loan default

The body of the loan, as well as interest on it, are indicated in the agreement signed by the client. Therefore, it is very difficult to achieve a reduction in interest. The probability of reducing the body of the loan is negligible. But it is quite possible to reduce the penalty. Moreover, it often happens that before the court the bank demands one amount of the penalty, and in court - ten times less. The plaintiff does this in order to expedite the payment of the debt and save himself from unnecessary red tape.

According to Article 333 of the Civil Code of the Russian Federation, the penalty can be reduced or completely canceled. The Court will not do this on its own initiative. To write off part of the debt, the defendant must file a corresponding petition.

The court will consider the penalty overstated if it exceeds 10% of the total debt. If the bank demands more, the borrower has the right to reduce the debt with the help of the court. Ask the judge to reduce the penalty to the maximum - by 90%. And the judge himself will put up as much as he sees fit. Sometimes the penalty is reduced by half, and sometimes by 10 times. But be prepared to prove that the fines are disproportionate to the size of the debt.

How to reduce the penalty in court

There are 3 ways to reduce the penalty through the court:

• Apply orally.
• Submit your application in writing. It is used either if you are not present at the court session, or the judge has required you to issue a petition on paper.
• Write an objection (review) to statement of claim.

When writing a review, you must indicate that you were ready to pay the loan, but life circumstances were such that you did not have the opportunity to pay the bank. Some serious event - illness, job loss, etc. will fit as a reason. The main thing is that you can prove that you could not foresee such circumstances in advance and overcome them. Next, you must attach a document confirming that you warned the bank about your financial situation and applied for debt restructuring. In response to this, the creditor either provided unaffordable conditions for restructuring, or even refused to meet the client halfway.

In the same response, it should be noted that you agree with the plaintiff's claims only in part. You think that the penalty is too large and disproportionate to the size of the debt. The delay you allowed did not bring serious negative consequences for the creditor. You believe that the bank deliberately did not file an application with the court for a long time in order to establish such a huge penalty. And you are asking for a reduction in the amount of the penalty.

The objection to the statement of claim must be drawn up in two copies. Attach copies of all referenced documents. Feedback must be submitted to the court office. Then it remains only to wait for a decision.

The chances of reducing the penalty will be high if the delay in paying the loan was due to the fault of the bank. For example, if the creditor changed his details and did not notify the client about it. If there really is a fault of the bank, it is necessary to enter this in the response (objection) to the statement of claim. Also don't forget to attach proof.

If the penalty is adequate and feasible, do not waste time on litigation.

Reducing the loan penalty

The loan agreement prescribes the amount and procedure for imposing fines. This is completely legal Russian Federation, so the court will not cancel them.

Only an illegal fine that is not prescribed in the contract can be canceled (Article 382 of the Civil Code). This happens when selling credit debt to collectors. Then the borrower will have to sue not the bank, but the agency.

Reducing loan payments

All payments are pre-registered in the loan agreement. The court can cancel them only in two cases:

1. debt restructuring;
2. The creditor has breached the terms of the contract.

But there is one loophole here. Loan debt is a fixed amount and the borrower is not tied to certain payments. Therefore, the bailiff can pay the debt in installments, by agreement.

installment loan

If there are no grounds for reducing the debt, and the plaintiff requires payment of the entire amount at once, you can try to achieve an installment plan on the loan. The court itself will set the installment period, it never exceeds two years. Such a move is possible if you prove it. that is unable to pay the entire debt immediately. But you are going to repay the loan within a few years. To confirm, you must provide proof of income.

What to do if the bank sued you?

If you long time did not make a payment on the loan and the bank sued you, you must do the following:

1. Protect your sources of income and property from foreclosures at the end of the trial.
2. Read the claim. Sometimes it comes in the mail, but this is not always the case. Therefore, you will have to familiarize yourself with the document in the court office.
3. Pay attention to the amount of the penalty indicated in the statement of claim. Assess its proportion.
4. If the penalty does not exceed 15% of the debt, it is pointless to take measures to reduce it. If the amount is too high, apply for a reduction in one of the ways described above (review, orally, in writing).
5. When you arrive in court, send your review or petition to the office in advance. Have with you a collection of tariffs from one of the major domestic banks, for example, Sberbank or VTB24. It will come in handy if it is necessary to prove that the penalty is too high.
6. If the court decision is acceptable to you, all that remains is to pay the bailiff in installments.

Conclusion

It is possible to reduce the debt to the bank in court, but it is not easy. If you have a really difficult financial situation and your debts are too big for you, the problem can be solved dramatically. WITH recently individuals have the opportunity to get rid of unsustainable debts by declaring themselves bankrupt. This can be achieved through legal action. The total debt for taxes, loans, utility bills must be at least 500 thousand rubles. Moreover, payments should not be made for more than three months.

IN Lately Increasingly, banks are faced with the problem of non-repayment of loans by borrowers. The decline in the well-being of Russian citizens, and, accordingly, the refusal to fulfill their obligations, are forcing financial institutions to increasingly resort to the debt cancellation procedure. In what cases debt is written off, and what is the procedure for this procedure - we will tell later in the article.

Reasons for writing off a client's debt to the bank

Most often debt is written off for the following reasons:
1. A small amount of debt, because of which the bank sees no reason to start a lawsuit.
2. Death of the debtor or missing. This debt will be written off if the debtor has no heirs left, who, together with the property, inherit his debts.
3. Making a loan using fraud. After the discovery of the fact of fraud and the transfer of the case to law enforcement, banks, as a rule, recognize such a debit debt as bad and write off.
4. Expiration of the limitation period. According to the Civil Code of the Russian Federation, such a period is set at 3 years from the date of the last payment by the borrower on the loan. If during this period the bank could not establish contact with the debtor and force him to pay, then such debt is written off. The same is done if the debtor does not have property that could be used to repay the debt.
5. Improvement financial indicators banking institution. The fact is that, according to the resolution of the Central Bank of the Russian Federation, banks are obliged to create reserves to cover bad debts, and the high value of such reserves can adversely affect financial reporting and bank capitalization.

Ways to write off overdue debt on a loan

1. Full write-off. Such a procedure occurs very rarely and only in cases where the bank sees no other way to collect the debt from the borrower. In this case, the body of the loan, accrued interest, penalties and fines are written off in full.

2. Partial write-off. This procedure is the most common, as in most cases it is the result of a compromise between the borrower and the lender. So, the bank can meet halfway and write off the amounts of penalties accrued earlier in the event that the borrower continues to fulfill its obligations.

The procedure for writing off debts after the expiration of the statute of limitations

So, according to the Civil Code of the Russian Federation, the limitation period for credit cases cannot exceed 3 years.

The debt relief algorithm is as follows:
1. Contact the borrower to find out the cause of the debt and suggest steps to solve the problem.
2. If the client refuses to cooperate, the bank issues a demand to repay the entire debt, including interest and penalties.
3. If the borrower refuses to repay the loan, the bank files a claim with the court.
4. In case of non-execution of the court decision, the case is transferred to Federal Service bailiffs to return the loan.
5. Bailiffs seize property, withhold from the debtor's income, etc.
6. If, after the expiration of the three-year period, the debtor could not be attracted for any reason, then such a debt is recognized as uncollectible and written off. Such a decision is made only on the basis of two documents: the decision of the FSSP on the suspension enforcement proceedings or a court decision to that effect.
7. The management of the bank makes a decision to write off such debt
8. Actions are reflected in accounting and tax reporting.

Features of writing off bad debts
1. If the bank does not have documentary evidence of the client's failure to fulfill its obligations, then it has the right to independently decide on writing off such a debt only if:
- The amount of the loan is not too significant (especially if we are talking about small consumer loans;
- The cost of repaying the loan will significantly exceed the amount of the debt itself.
— More than one year has passed since the last payment on the loan.

2. To write off a small debt, it is enough to create an internal bank document that recognizes it as uncollectible, a calculation of possible losses and an order to carry out such an operation.

3. Decision bank to write off a large amount of bad debt must be approved by an act of an authorized state body.

4. In some cases, large network banks may delegate the decision to write off bad debts to their regional divisions.

Finally, I am issuing a clear step-by-step judicial instruction among all these already boring credit letters of happiness and suckers - today we will take a look at the steps how to reduce the penalty in court - that is, remove the inflated fines and penalties that the bank wants to receive from us when it sues for non-payment loan. The instruction turned out to be long, but Anna Asanova and I sorted out all the theoretical and practical points related to reducing the penalty in the loan court.

So let's go.

The bank sued

standard situation. You took out a loan. There was nothing to pay this loan. The bankers called, you sent them to three letters - to the court. Collectors called - you sent them to the same three letters and another three letters. Well, here it is. The bank sued for the loan. Can you rejoice? Let's see the bank's lawsuit. And this is the first thing to do if the bank sued. You find in the text of the statement of claim something similar to this:

Bank fines and penalties

Here you see these fines and penalties - this is the penalty. You can reduce the penalty if it is clearly disproportionate to the amount of debt, which consists of the principal debt and interest accrued under the agreement. I want to note right away that they ask me a million questions about how in court to achieve repayment of only the principal amount without interest, because the borrower considers it unfair that he “paid and paid” so much, but the debt has not decreased, and you also have to pay interest .

So - it is impossible to reduce the amount of the principal debt (loan body) and accrued interest under the agreement. You signed this agreement. But the penalty can be reduced, because in the case of a loan agreement of the borrower individual- the lender does not incur additional costs associated with your delay. The bank has not sour milk, there is no equipment downtime - therefore, there are no direct losses for the bank in your delay in payment.

Overstatement of the penalty

But banks often do not think so and often seriously overestimate the penalty, although recently there have been much fewer such cases, because borrowers have begun to understand their rights and are increasingly using Art. 333 of the Civil Code of the Russian Federation in their own interests and reduce the penalty, and this often delays the process. The bank, on the other hand, is interested in getting into its hands a court decision that has entered into legal force as soon as possible - therefore, large serious banks Sberbank, VTB24 and even Tinkoff have not recently suffered an overestimated penalty in the statement of claim. And I want you to understand that the bank can demand from you in a pre-trial order, for example, a debt on a loan and interest of 500 thousand rubles and declare the same penalty of 500 thousand rubles, and in court indicate fines and penalties in the lawsuit - only 50 thousand rubles so that there is no unnecessary red tape and time delay.

How can the penalty be reduced?

So, what is a penalty and why it can be reduced is now clear. But in what case can it be reduced? Let's figure it out. As you already understood, the amount of the penalty is not justified by the bank - that is, there is no justification for the amount of the penalty. The penalty is disproportionate to the amount of obligations. In principle, an overestimated penalty is considered to be one that exceeds 10% of the amount of obligations. That is, theoretically, the penalty can be reduced by 90%. And it is foolish to expect that with a debt of 100 thousand rubles and a penalty of 2,000 rubles declared in the lawsuit, no one will reduce it. Although, there may be judges who will reduce such a penalty, because the practice of reducing the penalty is completely different - sometimes the judge reduces 90%, sometimes cuts in half, sometimes removes the zero from the figure. You can ask - they won’t hit you in the forehead - and you can ask to be reduced by just 90%, and then it will be seen how much the judge will reduce. But the principles of adequacy and proportionality must be used in order not to waste time in vain. Because if there is a normal penalty in the lawsuit, it’s not worth twitching in order to appeal against something and even go to court.

Another important and, perhaps, the main point that needs to be understood when reducing the penalty is that the reduction of fines, penalties and penalties under Art. 333 of the Civil Code of the Russian Federation is your right, but not the duty of a judge. It means that:

You have the right to apply for a reduction in the penalty. But the judge is not obliged to satisfy the petition - that is, he has the right not to reduce the penalty. But to reduce the penalty automatically, if you didn’t ask the judge about it at all, he has no right at all. This enables the bank to cancel such a court decision if the judge arbitrarily reduced the penalty.

By the way, before we proceed to ways to reduce fines, penalties and forfeits in court, you need to understand one more important detail. Until now (maybe a few more years will be the place to be) arbitrage practice was based only on the fact of the debtor's statement about the reduction of the penalty, using it as a basis for reduction. On this moment due to a number of new (2014,2015,2016) Plenums Supreme Court, Determinations of the Constitutional Court in cases of penalties, the practice is beginning to change, obliging the debtor to prove the disproportionateness of the penalty, so it is worth taking the process of reducing the penalty seriously, remembering that this is just the right of the judge to reduce it, and not a 100% guarantee. That is, we may soon have to prove the grounds for reducing the penalty.

If the judge nevertheless asked you to give reasons for the disproportion of the penalty, be prepared to give examples of tariffs for fines of large banks (VTB, Sberbank). That is, in this case, you can take your friend who has a loan in Sberbank or VTB and go to the bank with him so that the bankers give tariffs and certify with a seal. You will take this to court just in case. Of course, you can not take it, but then you may have to go a second time.

3 ways to reduce the penalty in court

So, the theory is clear - let's get to practice. How to reduce the penalty in court. There are 3 ways.

oral petition

After the words of the judge “do the parties have petitions”, you answer: “Dear court, taking into account Article 333 of the Civil Code of the Russian Federation, I ask you to reduce the penalty.”

Written petition

A written request - in case you are not present at the court or are present, but the judge asked to make your request in writing. detailed instructions and the application form is in the School of Revival at the link. And now we will analyze briefly:

We write to which court from whom, we indicate that the case is being processed by this court on the claim of this bank and in accordance with Art. 333 of the Civil Code of the Russian Federation, the court has the right to reduce the penalty if it is disproportionate to the consequences of the breach of obligations. And on the basis of this article and Art. 35 Code of Civil Procedure of the Russian Federation, you are asking to consider the petition and reduce the amount of the penalty to 1000 rubles, for example - that is, 10-15% of the amount of obligations. Attach a copy of the petition, date, signature and hand it over to the court office.

At the beginning, as always, to which court and from whom, then the circumstances of the conclusion of the loan agreement - that everything was fine and paid, but then something happened in life that did not allow paying the loan. It is better to recall the specific circumstances that caused the loan to be late - loss of a job, a decrease in income, the birth of a child, maybe an illness or something else that can be proven. It is desirable, but not necessary - it's just more likely.

Further, that you reported to the bank about this and attach copies of the application for restructuring the loan that you requested, but the bank refused you or far disloyal conditions for restructuring. Once again, I note that it is worth writing an application for restructuring not in order to receive restructuring, but in order to prove in court that you have made all attempts at pre-trial settlement, do not refuse to pay and wanted to negotiate with the bank before the court, but the bank filed court.

• Further, you indicate that you recognize the claims declared by the bank in part and do not agree with the penalty for reasons - disproportion under Art. 333 of the Civil Code of the Russian Federation and absence serious consequences your violation of the loan repayment schedule.
• And also do you think that the bank deliberately did not file a lawsuit for a long time in order to artificially increase the amount of the penalty.
• And you say that there was no intent in your delay and you object to the penalty.
• And you ask the penalty to be reduced at the discretion of the court, enclose a copy this review(that is, you do it in 2 copies), copies of all the documents mentioned in 2 copies, date the signature and hand it over to the court office.

Waiting for a court decision with a reduced penalty. All.

Other grounds for reducing the penalty

By the way, there is another point:

OTHER REASONS FOR REDUCING THE PENALTY, IN ADDITION TO DISproportionality UNDER ST.333 of the Civil Code of the Russian Federation:

Also, the penalty can be reduced if the debtor proves that it is the creditor wholly or partly guilty of your non-payment. For example, if he did not inform in time about the change of his bank details, did not notify about the transfer of the debt to a third party under an assignment agreement. Then you have the right to demand a reduction in the penalty under Art. 404 of the Civil Code of the Russian Federation, by virtue of which:

“If the non-fulfillment or improper fulfillment of an obligation occurred through the fault of both parties, the court accordingly reduces the amount of the debtor's liability. The court also has the right to reduce the amount of the debtor's liability if the creditor intentionally or negligently contributed to an increase in the amount of losses caused by non-performance or improper execution or failed to take reasonable measures to reduce them.

If these facts exist and you can prove it, then you can also indicate this in the withdrawal of the statement of claim. So, let's go through the steps again quickly:

1. You take security measures in relation to your property and source of income in order to protect against recovery after the court
2. You look at the bank's statement of claim - it came to you by mail, but most often this does not happen, so if you find out that the bank has filed a lawsuit
3. Assess the proportionality of the penalty stated in the bank's claim
4. If it is acceptable (10-15% of the amount of the debt), you do nothing, and if it is too high, you use one of three ways to ask for a reduction in the penalty - an oral, written petition or an objection / response to the bank's statement of claim. You can write it by hand without leaving the court - it is not necessary to print it out, the main thing is legible.
5. If you want to be present at the trial, you go to the court in advance by submitting a petition or a response to the office and take with you, just in case, a collection of Sberbank or VTB24 tariffs in case you need to prove the disproportionate penalty
6. You are waiting for the court's decision, and if it satisfied you, you don't even have to take it in court. Now wait for execution. Well, everything that you had you have already secured and the bailiff will not take anything, thanks to the School of Revival, and now you just need to communicate with the bailiff and pay him a little bit.

That's it. I hope it was helpful? If yes, then you like it and be sure to let your friends know about this article - maybe it will come in handy for them when defending their interests in court, so as not to overpay lawyers - just share the article on social networks. And write in the comments about your experience of reducing the penalty - how much the judges reduced the penalty for you and how you achieved this.

Today in Russia, every tenth borrower of credit funds is in arrears in monthly payments. In this regard, banks accrue large penalties to such customers.

Very often, the initial loan amount is several times less than the penalty, this is especially evident in microfinance organizations, where the client takes 5 thousand rubles, makes a delay and owes 20 thousand rubles in a month. Let's look at how you can reduce loan penalties or even eliminate them.

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Important! Since February 2014, Art. 333 of the Civil Code of the Russian Federation begins work only if the bank agreed to terminate the contract in court under Art. 451 Code of Civil Procedure of the Russian Federation. Or he sued the debtor himself.

You took loans from one or more banks, but due to force majeure circumstances and deteriorating financial situation, you could not pay off on time. Banks in this case reacted very quickly and punished you with the first fine, then they began to charge interest and penalties. At one fine moment, you realize that it is almost impossible to get out of the debt hole, and the situation needs to be solved somehow.

The first thing a person in this position does is most often go to a "qualified" lawyer. Taking money for a consultation, he tells the debtor that he can help him, of course, not for free.

If the client agrees, then he is asked to collect the package required documents, namely:

• account statement (Art.);
• 2NDFL certificates;
• work book;
• a certificate from the hospital (if the delay was due to illness), etc.

Then, with all these papers, the lawyer goes to the court office and, by proxy on behalf of the client, writes a statement on the basis of Art. 333 of the Civil Code of the Russian Federation, thereby trying to reduce the penalties on the loan. In addition, the client can be "divorced" for additional services, for example, the cancellation of a banking agreement.

All this will cost a decent amount. The average prices of a lawyer in the Russian Federation: consultation - 500 rubles, filing a claim with a bank - 2 thousand rubles, representation in court 1 day - 10 thousand rubles, drawing up any contract or document - 3 thousand rubles. It turns out a decent amount for the work that you can do yourself. Moreover, the chances of breaking the contract with the bank are practically equal to zero.

Much cheaper to do some of the work yourself:

1. Come to the magistrate's court at the place of residence, or rather, to his office.
2. Write a statement that you disagree with the interest charged by the bank. Due to the deterioration financial condition on the basis of Art. 333 of the Civil Code of the Russian Federation, ask them to cancel.
3. Provide evidence of why you are unable to pay the debt (labor - if you were fired, 2NDFL - reduced wages, discharge from the hospital, account statement - if you overpaid for several years, etc.).

In order to correctly draw up an application, everything must be done according to the model. This sample is presented at the information stand of any court.

Usually, judges meet the debtors halfway and reduce loan penalties, but this is only if evidence is presented that your financial situation has worsened or there has been a large overpayment.

Then the amount of the debt is fixed, and the court decision is transferred to the bailiff service, where the borrower will already pay his debt.

The property of the debtor may be seized. It is better to prepare for this in advance. A list of property subject to arrest can be found in this.

Important! If the debtor has no delays yet, but he understands that in the near future he will not be able to pay more, he needs to apply to the bank for restructuring. If he is refused, and fines and interest begin to accrue, only then it is necessary to apply to the court with a petition under Art. 333 GK.

Judicial practice of application of the law

Article 333 of the Civil Code is almost the only possibility for the debtor to reduce the amount of the debt. In this regard, jurisprudence has extensive jurisprudence on this issue. Any lawyer will first advise the debtor to exercise the right to apply this law.

It must be understood that the application to reduce the penalty is ONLY the initiative of the borrower. If you yourself do not indicate this point, the court will not reduce the debt. Nobody but you needs it.

The petition itself is a template type document. You do not need to have special knowledge to fill out the form. All samples are on the Internet, they can be downloaded for free. However, we recommend reading Art. 131 and 132 of the Code of Civil Procedure of the Russian Federation on correct compilation court documents.

Art. 333 of the Civil Code of the Russian Federation (reduction of the penalty) - a reasonable percentage

The first paragraph of the article tells us that if the penalty is disproportionate to the amount of the debt, it can be reduced. But how to determine this disproportion (reasonable percentage)?

To do this, there are a number of ways and values ​​that showed decent results in litigation:

1. The amount of the penalty must not exceed the amount of the debt.
2. Rospotrebnadzor can calculate the total debt for you and make recommendations for the judicial system.
3. Independent expert companies with successful legal practice can recalculate the loan, identifying all inconsistencies in the agreement.

Art. 404 of the Civil Code of the Russian Federation

This article works well in conjunction with 333. The guilt of the creditor can also be proven by experienced lawyers. If this fact is established, then the debt can be seriously reduced.

Don't count on a full debt relief. It is impossible in principle. But partial satisfaction of the requirements of the creditor is a common thing for the judicial system.

Outcome

The task of banks is to extort as much money from their customers as, as you know, debt is a serious business. The task of debtors is to know their rights and laws and be able to apply them on their own without unnecessary overpayment, and the simplest thing that can be done is to cancel loan fines.

If you need advice or have questions on the topic of this article, describe your problem in the comments, or contact the site's duty lawyer in the form of a pop-up window. We will definitely answer and help you.

The statute of limitations (let's call it SID) is the time during which the bank has the opportunity to sue a negligent borrower.

It should be noted that the claim credit institution the court will accept regardless of whether the term has expired (clause 1, article 199 of the Civil Code of the Russian Federation). Therefore, if in your opinion the time of the bank has passed, you should definitely declare this before a decision is made.

The statute of limitations for a loan

Some borrowers do not know what the statute of limitations for a loan is, others think that the statute of limitations is counted from the moment the loan agreement is opened. This is not true. P. 1, Art. 200 of the Civil Code of the Russian Federation states that the SID starts to go from the day the bank found out about the delay. Clause 2 states that for obligations with a specific deadline for fulfillment, the IIA begins to flow at the end of this period.

It should be noted that until recently, even the decisions of judges on this issue differed: sometimes they counted the period from the date the contract ended, sometimes from the date the last payment was made, and sometimes from the day the official letter was sent to the borrower about the repayment of the delay.

Resolution of the Plenum of the RF Armed Forces No. 43 dated September 29, 2015 put everything in its place. It states that, based on the meaning of Art. 200, the countdown of the limitation period for a debt that, according to the agreement, must be paid in parts, begins to be calculated separately for each such part. That is, the statute of limitations for overdue payments, interest, penalties, etc. is calculated separately for each outstanding contribution.

When does the statute of limitations for a loan start? Example: according to the agreement, the loan repayment date is every 12th day. The client has stopped making payments since November 12, 2016. In this case, the AID for the first overdue payment will begin on November 12, 2016, for the second - on December 12, 2016, for the third - on January 12, 2018, etc.

If the bank has filed a claim only for the recovery of the principal debt, then the AID for the remaining payments (for example, for the payment of a penalty) continues to go. At the same time, after the expiration of the limitation period for the main requirement (clause 1 of article 207 of the Civil Code of the Russian Federation), the period for writing off the debt on the loan also expires for additional requirements (that is, forfeit, interest, collateral, etc.). But if it was determined by the agreement that interest is paid later than the principal debt, then the limitation period for them is considered separately and does not depend on the end of the AID on the principal amount of the loan.

Suspension and break of time

Do banks write off debts on loans? The flow of the LED is suspended:

• if the filing of the claim was prevented by force majeure;
• as a result of a legal moratorium (i.e. delay);
• if the debtor is in martial law;
• upon suspension of the law (or other legal document) governing these relationships.

If the parties resorted to out-of-court settlement of the dispute, then the period is suspended for the duration of this procedure (or for six months, if there is no deadline). From the time of the end of the reason for which the suspension was made, the limitation period will continue to run.

Is it possible to write off a debt on a loan or take a break? A break in the flow of the IID occurs if the borrower performs actions that indicate that he recognizes the debt (Article 203 of the Civil Code of the Russian Federation). In accordance with the Decree of the Plenum of the RF Armed Forces No. 43, such steps can be:

• recognition of the claim;
• a change in the contract, from which it follows that the borrower accepts the debt;
• client's statement about changing the terms of the contract (for example, deferred payments);
• an act of reconciliation of mutual settlements, sealed with the signature of the bank.

But if a person simply responded to the bank's claim and did not indicate that he was responsible for this debt, then such a response is not considered recognition, so there will be no break.

Also, if the client acknowledged only part of the debt, including making a periodic payment, this does not mean that he agrees with the debt as a whole. That is, this contribution cannot be a reason for interrupting the flow of AID for the rest of the contributions.

When the steps indicating the recognition of the debt were made by the representative of the borrower, the IID is interrupted only if he had the necessary authority (Article 182 of the Civil Code of the Russian Federation). If the debtor simply does not take any action and does not sign anything, then the limitation period is not interrupted!

Please note that after the break, the LED does not continue, but starts again, that is, the time that has elapsed before the break, in new term will not count!

Example: the borrower had to pay the next payment on 04/15/2016, but overdue and did not pay for several months. Thus, from April 15, 2016, the limitation period began. On September 15, 2016, a person came to the bank and wrote an application for an installment payment, but then stopped paying again. In this case, the three-year TID will start anew from 09/15/2016.

Important! With all suspensions, the limitation period (clause 2, article 196 of the Civil Code of the Russian Federation) cannot exceed 10 years.

Can a bank claim a debt after the statute of limitations has expired?

Can the court write off the loan debt if the statute of limitations has expired? In most cases, the bank does not wait for the deadlines to pass and sues in a timely manner. But even if the AID has already passed, the borrower is unlikely to be left alone. Probably, employees of the credit institution will call, come, write letters, try to put pressure on guarantors or relatives. But the bank, most likely, will no longer sue, since if the debtor declares that the limitation period has passed, the court will still refuse to initiate a case.

When the lender decides that the debt is unlikely to be repaid, he can cede the problem loan to debt collectors. It is no secret that the methods of the latter often go beyond what is permitted, as there are a lot of eloquent reviews on the Internet.

There are a lot of articles on the net about the need to allegedly withdraw consent to the processing of your personal data, and the borrower will be left behind. Actually, it won't do anything. According to Art. 9 of the Federal Law No. 152, even with a revocation, the bank or collectors have the right to continue processing personal data if this is necessary to exercise their legitimate rights and interests. But few people know that Federal Law No. 230 was adopted not so long ago, which clearly stipulates who, when and how can “get” the debtor.

So, the collector does not have the right to come to the borrower more than once a week and call more often:

• 1 time per day;
• 2 times a week;
• 8 times a month.

It is forbidden to threaten, use force, harm health or property, mislead a person or put pressure on him, etc. It is forbidden to report debts to third parties, disclose information about the client himself or his debts.

Important! By law, the borrower may refuse to communicate with the lender or the collector. To do this, you must send him an application by registered mail or through a notary, or simply hand it over against receipt.