What is the statute of limitations for credit debt? Limitation period in consumer lending
Limitation period for a loan agreementallows the borrower-debtor, within the framework of the law, to protect himself from unexpectedly revealed long-standing non-payments. The duration of the limitation period under a loan agreement, application features and other aspects of this legal concept will be explained in our article.
What is the statute of limitations
Within the framework of civil law (Article 195 of the Civil Code of the Russian Federation), the limitation period is defined in normative act the time period given to the person concerned to restore their violated rights through the court.
The statute of limitations begins to count from the time when the party involved found out or, due to circumstances, should have known that its legal interests were violated. The limitation period may be suspended:
- due to natural disasters or wars;
- stay of one of the parties of legal relations in the Armed Forces of the Russian Federation, brought into martial law;
- a moratorium imposed on the fulfillment of an obligation;
- suspension current law in relation to legal relations of interest;
- carrying out the mediation procedure;
- leaving the statement of claim without consideration in the framework of the criminal process.
The limitation period is interrupted if the obligated party performs actions indicating the acceptance of debt obligations. The limitation period cannot be canceled or changed by agreement of the parties.
The general statute of limitations is 3 years. However, the expiration of the prescribed years from the date of the establishment of the offense does not mean that the person concerned will not be able to apply for judicial protection. Even in this case statement of claim will be accepted and considered. Only if the defendant declares that the time given to the plaintiff for the judicial restoration of his rights has expired before the judge makes a decision, the claim will be denied.
What is the statute of limitations for a loan agreement?
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The limitation period under a loan agreement is the period of time after which the debtor, in the event of a lawsuit, may declare that it is impossible to recover the debt from him. The limitation period under a loan agreement is equal to the general limitation period under civil law - 3 years.
However, as already mentioned, the expiration of 3 years does not automatically cancel the debt under the contract and is not an obstacle for the creditor to go to court.
The debtor should be aware of several circumstances:
- The expiration of the statute of limitations is not considered an obstacle to claim credit debt non-judicial methods (in writing, by phone).
- The end of the statute of limitations is not a hindrance to the sale of debt to collectors. With regard to debts for which it is almost guaranteed that it is impossible to collect through the courts, collection services work very hard.
- Despite a strong argument on the part of the debtor, the creditor can still go to court. If the borrower does not arrive at the court session and does not declare that the plaintiff has missed the statute of limitations, the debt will be collected, and nothing can be done about it. In order to keep abreast of events, not to miss a possible subpoena from the court, you need to regularly check your mail, especially if the registration address or the address indicated in the contract document does not match the address of actual residence.
Restriction of the right to file a main claim
Debt, which is formed as a result of non-payment of the loan, has features. The loan must be repaid not in one amount, but most often in monthly installments. Such payments are called time payments. And so the debt from month to month increases. If the debtor pays something, then the first debt is repaid.
Limitation of actions in relation to time payments, it is calculated for each overdue payment separately. This position of the courts was set out in the resolution of the Plenum of the Supreme Court of the Russian Federation "On some issues ..." dated September 29, 2015 No. 43. It turns out that if the debtor has not paid the loan for 4 years, then the limitation period can only be applied to payments of the first year of non-payment, and in order for the limitation period to cover the entire debt, it is necessary to wait until 3 years have passed since the delay in the last payment occurred.
How the statute of limitations applies to interest claims
A loan implies that in addition to the principal debt, the borrower is also obliged to pay interest. Usually in monthly payment includes:
- part of the debt;
- part of the interest.
Therefore, we can say that these two obligations are interconnected. The rules on the limitation of the period of time for applying to the court apply here under the same conditions as for the principal debt.
So the right to demand payment of interest is limited to 3 years. And since interest is also considered time-based payments, they can be collected just for the last 3 years. At the same time, the obligation that arose due to non-payment of interest is considered additional, and as soon as the limitation period for the principal amount expires, the period for claiming interest on this amount also ends (Article 207 of the Civil Code of the Russian Federation).
But in the case when it was established in the contract that interest must be paid later than the return of the debt amount, the terms for these obligations are considered separately. With the passage of the term on the main claim, the creditor can still go to court and demand to collect interest.
IMPORTANT! There is one more point regarding the main and additional requirements, enshrined in the resolution of the Plenum of the Supreme Court of the Russian Federation No. 43. If the creditor managed to file a lawsuit demanding the return of the principal debt, and at the same time began to demand interest, then the limitation period continues to run. While the case is being considered in court, it may end. Then it will be difficult to restore it.
When the statute of limitations expires for the guarantor
If a guarantor was involved in obtaining a loan, the bank can redirect its claims for payment of the debt to him. And then the guarantor already thinks about the application of the statute of limitations.
The guarantee belongs to the category of additional requirements, and, in theory, the norms of Art. 207 of the Civil Code of the Russian Federation, i.e., the limitation period for the guarantor must end after 3 years from the date of delay.
But there is a nuance in the rules governing the guarantee itself. In part 6 of Art. 367 of the Civil Code of the Russian Federation states that the suretyship terminates one year after the delay, if the creditor does not file a lawsuit with the court for the forced collection of debt from the surety during this time. And here is how the practice has developed in this regard.
In paragraph 3.2 of the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on May 22, 2013, the opinion was expressed that the surety agreement cannot be considered terminated in terms of the surety's liability for the debtor's obligations to the creditor. Therefore, the same three-year period applies to the guarantor, separately accrued for each payment.
The statute of limitations on a loan: the nuances of calculation
Due to some variations in the interpretation of the rule of law, it is with regard to the statute of limitations on loan agreements that lawyers have discrepancies as to which date to count the required 3 years from. Judicial practice is also heterogeneous in this regard. The only thing in which the legal opinion is similar is that the countdown of the limitation period for credit agreements does not begin at all from the date of signing the agreement.
There are several ways to calculate the limitation period under credit agreements:
- The countdown of the time given to the creditor to restore his rights begins from the day when these rights were violated. That is, under a loan agreement, the payments under which are arranged according to the dates of payments, from the day when the debtor repaid the next payment and stopped paying the loan. This position seems quite logical, because, without receiving several payments in a row, a credit institution must understand that its rights are being violated, and can go to court.
- Some courts disagree with this interpretation. They justify their position by the fact that, according to Art. 200 of the Civil Code of the Russian Federation for obligations with due date The limitation period begins to run from the end date of performance. That is, with regard to loan agreement this is the date of completion of the loan, without reference to the day of the last payment made or overdue. For example, if a loan was taken in January 2018 for 5 years, then the limitation period will begin to run from January 2023.
- A number of members of the judiciary use the third option. The countdown for the protection of violated rights begins from the date of sending the official request of the bank to the debtor with a request to repay the debt.
The first option is used in the vast majority of recovery cases. The Supreme Court of the Russian Federation adheres to the same position.
Practical application of the statute of limitations
Pinning your hopes on the statute of limitations, allowing you to avoid loan payments even through the courts, you need to remember and know the following important nuances:
- Any documented contact between the debtor and the creditor (signed statements, agreements, other documents with recognition of debt) resets the limitation period to zero. The time period starts from the beginning.
- An application addressed to the bank for debt restructuring also cancels the period that has passed by that time.
- If part of the debt is extinguished, then the statute of limitations that has passed by this time is abolished. The period begins to be calculated anew from the date of payment.
- Sale of debt to collectors or transfer to another credit institution does not affect the duration of the statute of limitations.
Thus, the limitation period acts as a good guarantor for the debtor against the collection of long-standing debts from large percentages and fines. However, this law must be used correctly. It is better to entrust the calculation of the statute of limitations under a loan agreement to a professional and contact a lawyer or lawyer specializing in such cases for this.
The period of time when a financial institution has the ability to fully collect a loan from individuals and legal entities, is called the statute of limitations on the loan. After a certain date, financial institutions, by law, are no longer authorized to judicial practice for a refund. Fraudsters actively use this opportunity, hoping that they will be able to avoid paying off debt. However, it is impossible to say for sure whether banks simply forgive non-payment of debts on loans over the statute of limitations.
The statute of limitations for loans in 2018
Surely, most people, when applying for a loan, do not even think about the statute of limitations for loans, and whether there is one at all. But, in fact, according to the law, the statute of limitations on a loan is called what is provided for by modern legislation.
Provisions of the law for individuals
In 2018, the statute of limitations for a loan is 36 months. Further - any collections by banks credit debt, including those relating to judicial practice, are considered unreasonable.
However, in such a clear issue, judicial practice on the limitation period of loans shows various options for the development of lawsuits involving individuals to liability for non-payment of debts on a loan due to prescription. Lawyers disagree on the day from which it is necessary to count the thirty-six months determined by law.
Some believe that the statute of limitations for loans for individuals begins to operate when the date appears in the loan agreement as the end of the loan repayment period. At the same time, if the borrower knows what the statute of limitations is, and he does not pay the established fee during the entire period of the contract, notification from the bank is not necessary. At the same time, it is possible for the bank to accrue penalties, fines and other sanctions to the client.
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Other lawyers believe that the statute of limitations for loans to individuals ends when the lender discovers another non-compliance with the rules of the loan agreement. Or, simply, when the borrower has not paid the monthly fixed amount. Then the limitation period for the loan begins to be counted from the date of the last payment made. Before expiration three years- the time set for such legal cases in 2018, the bank has the right to go to court and get the borrower to pay the full amount of the loan.
The borrower should be aware that, whatever the current statute of limitations on the loan, it can be reset to zero and start over with any contacts with bank employees. At the same time, the fact that the bank made a call to the user cannot serve as evidence of interaction without providing a record of the telephone conversation.
Case law
So, while, according to the law, the statute of limitations on the loan has not yet expired, the financial institution has the right to file a claim with the borrower to return the funds provided for in the loan agreement.
Each bank necessarily has its own lawyers who have encountered loopholes in judicial practice regarding the non-payment of a loan issued to individuals, due to the statute of limitations.
Most lawyers filing a lawsuit are guided by the first path described above - that is, they try not to attract the attention of an unscrupulous client for as long as possible, charging significant penalties and other penalties.
However, the majority of judges in practice in 2018, considering lawsuits on the limitation period of a loan, use the second reading of the Code and determine the beginning of the limitation period at the time of the last payment established by the agreement, which in most cases can be turned in favor of the defendant.
It should be understood: the expiration of the statutory limitation period for a loan, if it exists, is not a panacea either for paying a debt to a bank or for applying financial organization to court.
The end of three years is just a strong argument in favor of the defendant, if suddenly the bank files a claim. This can happen in three years, and ten years after the expiration of time.
Moreover, the court will not deal with calculations on whether the statute of limitations for collecting a loan has expired, its decision will be influenced by documentary evidence and the activity of the parties. To minimize the existing debt on a loan or completely avoid paying it to the debtor, self-provision of documentary evidence will help. It is best to hire a qualified lawyer for these purposes, the statute of limitations on a loan by a court decision will depend on this.
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Bank debt collection
According to the trend that had developed by 2018, it became clear that the bank in any case would not leave the debtor alone and would try to find a way to collect everything that was due to him under the law. If the limitation period has not passed, the bank can go to court, but if this period is missed, collectors can join.
By the tribunal's decision
Currently, the bank has the right to file a claim under a simplified procedure - to a justice of the peace, if the debt does not exceed 0.5 million rubles. In the course of enforcement proceedings, it issues a special court decision, which allows you to save time by avoiding dragging out the process. The writ of execution is transferred to bailiffs, and they, in turn, ensure the retention and recovery of capital according to official sources- arrest accounts, impose fines on wages.
Please note that from the moment you receive a copy judgment, the defendant has the right to challenge it, this automatically leads to its cancellation. However, this will not save you from litigation. The borrower has 10 working days to protest such an order.
Upon expiration
If, according to the existing legislation of 2018, the statute of limitations for collecting a loan has expired, and banks understand that it is unlikely that they will be able to return the money by a court decision, they can easily sell the user's debt to collectors. These are representatives of companies, without which the return of debts in 2018 is almost impossible.
Collectors use absolutely any methods of repaying a debt on a loan, up to illegal threats and direct physical impact. When a collection agency, when collecting a debt, damages a person’s health or property and there is evidence of this, according to the law, he has the right to submit an application to the police department.
In case of inaction of the bodies of this level - to the prosecutor's office. If the bank transfers the user's debt to a collection company, the statute of limitations for the loan does not start anew.
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Conclusion
So, the statute of limitations on a loan, defined by law in 2018 as a three-year period, is the time after which the debtor, when filing a lawsuit against him in the courts, has the right to submit a corresponding petition and avoid returning debts on the loan.
However, the expiration of the claim period does not guarantee the bank's refusal to receive its own money - there are many methods for collecting debts from individuals, including with the involvement of collectors - which can turn out to be quite deplorable for the debtor.
Whatever way the bank chooses to repay the debt - a court decision or other methods, it will be unprofitable for the user to execute it. Therefore, the client has to think several times - whether it is worth avoiding contact with the bank during the entire period of limitation on the loan or immediately, if it is physically impossible to repay the debt, report this to the financial institution and find a solution together.
Unfortunately, after the procedure for obtaining bank loan, there were also problems associated with this procedure. In the wake of active consumer lending, many Russians took out loans, which later turned out to be an unbearable burden for them.
Crisis in the country this situation exacerbated, and many debtors were simply unable to continue to pay the money taken. Eventually banking companies in huge quantities, they began to transfer overdue debts for collection - someone through collectors, and someone immediately through.
How to deal with your debts in an unstable environment economic situation, read . If your creditor is suing you, don't panic. Usually, all fines are removed from the borrower, and the debt ceases to accumulate. Follow this link to learn how the court takes the side of the borrower.
Therefore, a question arose among many non-payers - during what period can the debt be written off by law, and is this possible in principle? Today we will talk about the concept of "limitation period", and how to apply it correctly.
Didn't pay for 3 years - no obligation to pay at all?
Relations between the bank and the client in this case are regulated by the civil law code. According to him, the period during which the bank can claim the debt from the debtor through the court is 36 months. You will learn how not to pay for 3 years and forget about the debt to the bank from this article.
And here the first question arises, on which even experienced lawyers who help clients avoid paying, cannot give a definite answer. From what moment is it correct to count?
In judicial practice, there are two most common options:
- In the first option, the countdown starts from the date of expiration of the banking agreement.
- In the second option - from the moment the last payment is made (that is, from the moment the overdue debt occurs).
There is also a third option. In it, the countdown begins from the moment of the last interaction of the debtor with the bank or collectors (that is, telephone communication, written or personal meeting). More information about how collection agencies usually collect debts is presented in this overview.
If for three years the borrower has come into contact with the bank or its representatives, these 3 years are interrupted. Therefore, if the client does not want to pay according to the law, it is his duty to stop all opportunities to contact him.
Do not answer phone calls, do not receive registered letters, change jobs and phone numbers, change your place of residence. If you violate this condition, 36 months will have to be counted again.
How do you know when a statute of limitations has come?
- It is most expedient to take as a starting point the moment when the debt is transferred to the court for collection.
- If the delay does not last for the first year, but for some reason there was no appeal to the courts, then it should be considered from the moment the last installment was made.
- If, after three years, the borrower begins to worry about collectors (since banks often transfer such uncollected debts to them for 10-15% of their value), he should go to court himself. Often creditors, trying to get money from the debtor, seriously violate the law. Learn how to fight back with the tips in this article.
You need to do the following:
- File a motion with the court to apply the statute of limitations.
- If they continue to call or write, write a withdrawal of consent to the processing and storage of personal data. After that, the employees will not be able to bother you anymore.
- If the collectors threaten or exceed their powers, write a statement to the police against them, and a complaint to the prosecutor's office. You should know what actions of such claimants are unlawful, we are talking about them more.
Important to remember- if the debt is written off, then the borrower's CI will not improve from this. And getting a new loan will be very problematic. Therefore, you should use your right not to pay a loan by law only for a very good reason. About whether you can not pay a loan for legal grounds, you will learn from this article.
If a person does not pay his debts and is waiting for the court, then most likely he will be blacklisted, after which the road to banks and MFIs will be closed. If this did not happen, but credit history already very bad, then for further successful interaction with creditors, you can try to fix it, we talk about it
In Russian law, there is such a thing as a statute of limitations. In simple words- this is the period of time during which the creditor can recover funds from the debtor independently or in judicial order. Accordingly, after this time, the creditor loses his right to collect borrowed money. The statute of limitations for credit debt is 3 years.
When is the statute of limitations calculated?
Many mistakenly believe that the starting point is the moment of signing the loan agreement or the date of the last payment, after which the debt began to accrue. This is not so, the statute of limitations for a loan begins after the debtor contacts the bank about the overdue debt. I.e when communicating by phone or receiving a notice of debt obligations, the period begins anew.
Many banks are in no hurry to apply to Judicial authority, trying to collect the debt on their own, for this they use personal meetings, calls or letters. And a few weeks before the expiration of the limitation period, a representative of the financial institution meets with the defaulter and notifies him of the amount of the debt, after which he is asked to sign, and from that moment the limitation period starts from scratch.
If the bank assures the debtor that the loan debt does not have a statute of limitations - it is not true.
What actions delay the collection of debt on a loan:
- depositing any amount into a credit account;
- personal meetings with a creditor or collector;
- telephone communication;
- receipt of mail letters is relevant only if the recipient received an envelope for personal signature.
Is it possible to recover a debt after the expiration of the statute of limitations?
Definitely possible, but only by illegal methods. In this case, collections will be handled by collectors, and not bailiffs. Many debtors return huge sums of money to banks under pressure from intermediaries, and it does not matter in principle to them whether the statute of limitations has passed or not.
Limitation period
Each debtor can independently calculate when he made the last loan payment, contacted bank employees, or at least answered their calls. If more than 3 years, then the debtor has legal right forget about your obligations. And if collectors or creditors continue to insist on the return of funds, you can safely go to court.
How can the bank return the funds
The only way out for the creditor is to go to court. At the same time, he can do this within three years, it does not matter, a month or 2.5 years after the last payment. But banks are in no hurry to go to court, the reason is obvious, for each day of delay the lender counts interest, fines, forfeit. If the debt was sold to collectors under an assignment agreement, then it is they who act as the plaintiff.
But the debtor can be calm if the term for collecting debt on the loan is in accordance with Russian legislation already passed, the application from the creditor will not be accepted in court. On the other hand, if the plaintiff manages to prove that over the past three years he has contacted the borrower and warned him about the existing debt, the court may consider his statement of claim.
In most cases, the trial takes place without the presence of the parties, the defendant only receives a court decision to recover funds from him.
The debtor, even after a court order, has the right to apply for a review of the case in his presence, and for the write-off of fines, penalties and forfeits, and they can significantly exceed the body of the loan and the amount of interest.
What happens after the statute of limitations expires
Banks may write off debts for several reasons:
- A small amount of debt, its return will be economically unprofitable for the organization.
- Assigns the right to claim overdue debts to collectors, the bank will incur losses from 90 to 99% of the amount, but will return the minimum part of the funds.
- In the event of the death of the debtor.
- At the end of the statute of limitations.
The last point deserves special attention. According to the law, the limitation period can be reset if you pay a visit to the debtor, the creditor will certainly try to take advantage of this. Therefore, it is wiser for the debtor to pay the loan regularly or specifically ignore the creditor, not to come to the bank branch and not answer the phone.
Consequences for the borrower
If the bank fails to return the funds, and he will be forced to write them off, and the debtor will subsequently be unable to issue a loan.
You should not rely on the statute of limitations for a debt to the bank, you must fulfill your obligations in good faith. If it is not possible to pay the loan on time and in full, you can always agree with the lender on a delay or restructuring. If it was not possible to resolve the issue peacefully, then it is more profitable to bring the case to court so that the latter fairly assesses the amount of the debt and the procedure for its compensation.
During periods of socio-economic crises, the number of delinquencies on credit obligations always grows. Businesses are closing, shrinking wage, rising tariffs, prices. These and other reasons are capable of once consistently earning people greatly undermine in life.
Credit organizations, as a rule, have little interest in the problems of debtors. In case of violation of the loan agreement, banks can go to court. However, it is unlikely that employees of credit and collection organizations will say that there is such a thing as a statute of limitations on credit debt. Let's analyze the main nuances.
Definition
The statute of limitations on credit debt is the time given to creditors to repay their debts. cash legal methods. If he left, then no one forcibly has the right to claim him. Subdivided into:
- The statute of limitations (pre-trial recovery).
- The statute of limitations on credit debt after the trial (recovery in enforcement proceedings).
Let's take a closer look at each of the concepts.
Term of pre-trial recovery: concept
The statute of limitations for credit debt is the time when credit institutions have the right to sue for the enforcement of debt. You need to know that only bailiffs, by a court decision, have the right to describe property, block bank accounts. Sometimes some collectors take advantage of people's financial illiteracy and begin to illegally threaten such actions. Some go from words to deeds. Let's say that such actions are criminally punishable.
3 years - limitation period for credit debt
The statute of limitations for credit debt is three years. This is written in the law. However, there is a clear flaw in the norm: it is not indicated from what time it should be counted. In addition, there is also the concept of interruption, when certain actions actually cancel the statute of limitations. This gave rise to various manipulations, not only in words, but also in judicial acts.
Paradoxically, absolutely opposite decisions are made under one legal norm. If the courts and lawyers cannot figure out exactly when the statute of limitations for credit debt begins to run, then how can people who do not know the law do it? We will try to explain in an accessible way the correct point of view, clarifications on which were given by the highest judicial instance - the Supreme Court of the Russian Federation.
From what date is the statute of limitations calculated?
So, the statute of limitations on credit debt Civil Code RF determines in 3 years. Everyone considers individually:
- From the end date of the loan agreement. This version is usually followed by bank employees and collection agencies. For example, if a citizen took a loan for 3 years in January 2015, then the limitation period for the entire amount of delay under the contract will end, according to this version, in January 2021.
- From the date of default on credit obligations - this position of the majority of courts, which is also reflected in the decision Supreme Court RF.
- From the date of contact with the bank, including a telephone conversation.
Calculation example
Let's look at an example. Suppose a citizen has concluded with a bank loan agreement for 5 years in January 2010. In March 2013, he lost his job and, as a result, could not pay. As a result, huge penalties and fines ran up for the delay, which are several times higher than the amount of the principal debt. The borrower did not agree with this and decided to stop all payments, which is not such a rarity for our country. The last payment was made in March 2013. It is from this moment that the statute of limitations is calculated.
For each payment - an individual term
The Supreme Court of the Russian Federation explained that the limitation period is calculated for each payment separately. Let's go back to our example. Recall that in March 2013 the borrower stopped paying its obligations. His contract ends in January 2015. Thus, in March 2016, it is not the general limitation period for the entire contract that ends, but the payment period that should have been made in March 2013.
Finally, you will have to sleep peacefully only after January 2015, when the deadline for the last payment ends. If the bank sues last month, say, in December 2015, then he will be able to recover only the amount of delay for one month.
Credit cards
Consider the statute of limitations for credit card debt. At the conclusion of the contract, there are no mandatory payment schedules in it. That is, the borrower himself can spend money from a credit card on any day, and then also pay off the debt on any day. However, the contract does not specify how long the payment is due. The statute of limitations is calculated from the last payment. Banks usually give Grace period which is not subject to interest. After its completion, the limitation period for credit cards if the borrower has never paid under the contract.
Interruption of the term: truth and fiction
Interruption is the time when the statute of limitations expires. It is associated with the official recognition of the debt by the borrower. For example, 2.5 years have passed since the last payment, but the citizen fully recognizes the debt, does not refuse it. It is enough to deposit any the minimum amount and the three-year statute of limitations will begin to run again.
Many mistakenly believe that any contact with a bank for a loan will void the three-year statute of limitations. Therefore, some deliberately hide, do not pick up the phone, so as not to contact bank employees. This is a misconception that the collectors themselves actively support. The interruption of the statute of limitations occurs when the borrower agrees to the debt. This can only be confirmed by real actions: payment, deferred application, etc.
Statute of limitations on credit debt with bailiffs
If there was still a court, then in this case the bank's claims have a time limit. Let us analyze in more detail the statute of limitations for collecting credit debt, if the court nevertheless passed. After the decision of the court, enforcement proceedings at the bailiffs. Each case is assigned a bailiff. How busy they are is legendary. IN major cities This is several thousand cases per employee. Naturally, in this state of affairs, there can be no talk of any effective recovery.
6 months - term according to the writ of execution
The term for the writ of execution is 6 months. During this time, the bailiff must find the property and take measures to recover. After this period, enforcement proceedings may be closed if:
- The debtor has no property.
- The debtor is hiding, it is impossible to find him.
- The bank refuses to store the described property: televisions, tape recorders, etc.
After a six-month period, the bank has the opportunity within three years to re-apply to federal service bailiffs in order to collect a debt. And so on ad infinitum. The law does not limit the number of applications. If the court took place, then the creditor can demand a debt through the bailiffs all his life.
Deadline expired - loan forgiven?
It is a misconception that after the statute of limitations expires, the debt is forgiven. Actually there is no possibility judicial recovery. However, the right to claim is retained in full. In other words, if desired, creditors can remind a citizen of his debt all his life. In practice, of course, this rarely happens, but there are excesses everywhere. The law on collectors, which came out in 2016, slightly systematized the communication between the debtor and employees of credit and collection organizations. Now they must be polite, not threaten, not use violence, call no more than four times a day, strictly on weekdays, meet only with the consent of the debtor.
The deadlines have passed: what can banks and collectors do?
What can employees do credit organizations if the statute of limitations has expired? Courts do not have the right to consider such disputes upon presentation of an appropriate petition. Consequently, the bailiffs will not start writ of execution, come and describe the property. It is important to know that this is only the right of bailiffs by court order, no collectors and bank employees have the right to enter the house and alienate property. Such actions are punishable.
The only thing that collectors and banks can do is call for conscience and exert psychological pressure. The more citizens know their rights and legislative acts, the less unpleasant conversations they will have in the future.