What is the limitation of credit debt. What is the limitation of credit debt

During periods of socio-economic crises, the number of overdues of credit obligations is always growing. Enterprises are closed, reduced wage, rates grow, prices. These and other reasons are capable of once consistently earning people strongly subcont.

Credit organizations, as a rule, are little interested in the problems of debtors. In case of violation loan agreement Banks can go to court. However, employees of credit and collection organizations are unlikely to say that there is such a concept as a period of limitation on credit debt. We will analyze the main nuances.

Definition

The statute of limitations on credit debt is the time that lenders are given to return their money by legitimate methods. If he came out, no one in the compulsory has the right to recall him. Divided into:

• Time of limitation (Pre-trial recovery).
• The statute of limitations on credit debt after the court (penalties for the enforcement proceedings).

We will analyze each of the concepts.

Property period: concept

The limitation period for credit debt is the time when credit organizations have the right to sue forced debt recovery. Need to know that only bailiffs By a court decision, they have the right to describe property, block accounts in banks. Sometimes some collectors enjoy the financial illiteracy of people and begin to illegally threaten similar actions. Some of the words go to business. Let's say that such actions are punishable.

3 years - limitation period for credit debt

The limitation period for credit debt is three years. It is spelled out in law. However, there is a clear defects normally: not specified, since what time should be considered. In addition, there is also an interrupt concept when certain actions actually annul the statute of limitations. This gave rise to various manipulations not only in words, but also in judicial acts.

Paradoxically, on one legal norm, absolutely opposite solutions are made. If the courts and lawyers cannot accurately figure out when the credit debt limit period begins to be calculated, how can people who do not know the jurisprudence can do? We will try to explain to explain the correct point of view, the explanations of which gave the highest judicial instance - the Supreme Court of the Russian Federation.

From which moment the statute of limitations is calculated

So, the limitation period for credit debt Civil Code RF determines in 3 years. Everyone considers individually:

• From the date of the end of the loan agreement. Such a version, as a rule, adhere to employees of banks and collector agencies. For example, if a citizen took a loan for 3 years in January 2015, the limitation period of the entire amount of delay under the contract will end, according to this version, in January 2021.

• From the date of non-fulfillment of credit obligations - this position of most vessels, which is also reflected in the ruling Supreme Court RF.
• From the date of contact with the bank, including telephone conversation.

Example of calculation

Consider on the example. Suppose a citizen concluded a loan agreement with the bank for 5 years in January 2010. In March 2013, he lost his job and, as a result, could not pay. As a result, there were huge penalties and fines for the delay, which several times higher than the amount of the principal debt. The borrower did not agree with this and decided to stop all payments that for our country there is not such a rarity. The last payment occurred in March 2013. From now on, the limitation period is calculated.

For each payment - Individual term

The Supreme Court of the Russian Federation clarified that the statute of limitations is calculated for each payment separately. Let's go back to our example. Recall, the borrower in March 2013 ceased to pay for its obligations. The term of his contract ends in January 2015. Thus, in March 2016, no longest statute of limitations over the entire Treaty ends, and the period for payment, which was to be produced in March 2013.

Finally, sleep peacefully will have to sleep only after January 2015, when the last payment will end. If the bank serves the court to last month, Say, in December 2015, he will be able to recover only the amount of delay in one month.

Credit cards

We will analyze the statute of limitations on the debt on the credit card. When concluding a contract, there are no schedules for mandatory payments. That is, the borrower himself can spend cash with a credit card any day, and then pay off debt on any day. At the same time, the contract is not specified, after what time the payment comes. The statute of limitations is calculated on the last payment. As a rule, banks give grace periodwhich is not subject to interest. After its end and the limitation period is calculated credit cardsIf the borrower never paid under the contract.

Interrupt time: True and fiction

Interrupt is a time when the limitation period is canceled. It is associated with the official recognition of debt borrower. For example, 2.5 years have passed since the last payment, but the citizen fully recognizes the debt, does not refuse him. Enough to put on a credit account any minimum amount, and the three-year limit of limitations will begin to calculate again.

Many mistakenly believe that any contact with the Bank on the loan annuls a three-year limitation period. Therefore, some purposefully hide, do not take a phone tube in order not to contact with bank employees. This is a delusion that the collectors themselves are actively supported. The interruption of limitations occurs when the borrower agrees with a debt. This can be confirmed only by real actions: payment, deferment statement, etc.

Duration of limitations on credit debt at attachments

If the court was still, then in this case the requirements of the bank have a temporary limitation. We will describe more than the limitation period for the recovery of credit debt, if the court still passed. After the decision of the court, enforcement proceedings are initiated by bailiffs. Each case is fixed by the bait. How long they are downloaded, legends go. IN major cities These are several thousand cases per employee. Naturally, with such a state of affairs, no effective recovery of speech can be.

6 months - term on the executive list

The term on the executive list is 6 months. During this time, the baits must find the property and take measures to recovery. After this period, the executive production can be closed if:

• The debtor has no property.
• The debtor hides, it is impossible to find it.
• The bank refuses to store the described property: TVs, tape recorders, etc.

After the six-month period of the bank, there is an opportunity to re-appeal for three years federal Service bailiffs to recover debt. And so indefinitely. The law is not limited to the number of appeals. If the court took place, the lender may require debt through the bailiffs all life.

Was the deadline - forgave the loan?

The misconception is that after the expiration of the statute of limit, the debt says goodbye. Actually no possibility judicial recovery. However, the right to demand is completely preserved. In other words, if desired, creditors can remind a citizen about their debt all life. In practice, of course, it rarely happens, but there is beyond. The law on collectors, which was released in 2016, a little systematized the communication of the debtor and employees of credit and collector organizations. Now they must be polite, not threaten, not to apply violence, call no more than four times a day, strictly on weekdays, meet only with the consent of the debtor.

A timeline came out: what can banks and collectors do?

What can employees of credit institutions be taken if the statute of limitations came out? Upon presentation of the appropriate application, the courts do not have the right to consider such disputes. Consequently, the bailiffs will not start executive lists, come and describe the property. It is important to know that this is only the right of attracting by the court decision, no collectors and employees of banks have the right to enter the house and align the property. Such actions are punishable.

The only thing that collectors and banks can call for conscience to provide psychological pressure. The more citizens know their best and legislative acts, the less unpleasant conversations they have to be in the future.

Before contacting the bank, a future borrower plans to pay a long borrower. Unfortunately, this time is sometimes disturbed by circumstances independent of the borrower. The bank in such cases may make a claim to the debtor, but for their satisfaction, the limitation of the loan limitation should be followed.

How determines

The limitation period is the period during which the bank or other financial organization Can put forward the borrower to pay off debt. By bank credit It is 3 years. But it may increase or decrease depending on the set of nuances.

The claim for credit debt is calculated from the moment of violation of the creditor rights by agreement on the provision of a loan. This requirement is provided for by the Civil Code of the Russian Federation Art. 200, Part 1. More precise definition The start of calculus is given under the terms of the contract.

If there are additional obligations (interest, fines), the limitation period for the presentation of requirements on them expires simultaneously with the term of the principal debt, regardless of when these types of debts were accrued.

OK starts from the moment of non-payment by the borrower of the next payment. If payments were not entered more than 90 days, financial institution It is entitled to demand a one-time repayment of the entire amount of debt under the contract. The calculus in this case begins from the moment of the presentation of the requirements.

If the Bank's requirement is specified in the Bank's requirements of the debt obligation, then the credit rate begins to be calculated from the moment the date specified by the bank indicated.

The limitation period for the loan, which should be executed within a certain time, is calculated taking into account some nuances. According to the provisions of the Civil Code of the Russian Federation, the time of execution of obligations under which is determined, is calculated from the date of the end of this time. But the period should not exceed 10 years from the moment of obligations.

Does the bank have the right to demand debt repayment after the expiration

According to Art. 200 Civil Code of the Russian Federation, the claim time is calculated after the termination of the agreement. For example, upon receipt of a loan on January 15, 2010, for 6 years, the term will be calculated from January 15, 2016, regardless of the date of deposit. But in practice it concerns only "ordinary" loans. The latter does not relate to obtaining a loan by plastic cards in the form of overdraft (a small loan). But even when the court is issued a decision on calculating the limitation of a loan from the moment of termination of the contract, this decision can be appealed by applying.

If the borrower enters on official negotiations with employees of the bank, sending a preliminarily as a request for the deferment of payments on the loan, the limitation period may be significantly reduced. When selling an agreement by the Bank, the collectors influence the calculations can enter the client even one payment in the account of debt repayment to the Agency. On these issues, it is better to consult our lawyers.

By law, the Bank may make a refund claim money Within 10 years after the termination of the agreement, the client may refuse to give debt. When the bank continues to send notifications about the non-return of debt in writing, by phone or by email, the client may withdraw permission to use its personal data by writing a corresponding statement.

How to protect yourself from collectors

Even after the expiration of the statute of limitation on the loan on the basis of an agreement sold by the bank, special agencies (collectors) can make the demands for debt refund. They do it both without assignation and with the assignment in favor collector agency Rights requirements in favor of a third party. Usually, such agencies take hard measures to recover the debt up to intimidation. In such cases, it is not necessary to panic, but to specify collectors on the misunderstanding of their actions to recover the debt due to the expiration of limitation on the loan. You can also protect yourself from illegal actions of collectors. You can also wrote an application for law enforcement agencies (police or prosecutor's office).

When the threats from collectors continue, they should record their fact and write a statement to the police or court. Your confidence in its right thing will also work cutting on collectors working on the verge of law.

Help you understand all these issues will be able to lawyers of our company. They will make the necessary complaints or statement of claim To court and will restore your rights and legitimate interests in the case of their gross violation.

Most of us use the services of banks (in particular, takes loans), and, unfortunately, there are often difficulties with their repayment. And this leads to numerous problems - up to threats from representatives of the Bank and the loss of property. The law in this case does not always fall on the side of the lender and provides for him some restrictions on the right to make the requirements of the debtor. To understand how to really get rid of debts in front of the bank, whether he will write a debt if you avoid contacts with his representatives, how many years to do and is it worth it, it is important to own information about the limitation period of the loan.

What is the limitation period for the loan?

By law, the Bank is obliged to write off credit debtif he is recognized as hopeless. And this happens when the limitation period is completed, under which the time provided for the protection of its violated rights is implied. This is what is the limitation period for the loan, that is, the period during which the lender may recover credit debt. After the end of this period, the Bank loses the right to demand from individual Pay off a loan in court.

But there is important conditionand it must be completed. For a period credit pressure There should be no interaction between the debtor and the lender. Thus, the borrower can get rid of credit debt if during the statute period will avoid contacts with the bank, do not respond to calls, do not attend branches, not to sign in receipt of letters and not payments. Then there will be a chance that debt cancel.

Credit Debt limit

The period during which the bank or another lender can referred credit debt through the court, that is, the total limit of the loan limit is 3 years. The Civil Code also provides for a 10-year limitation period. The main difference in the use of these indicators is to determine the date of reference. For each overdue payment, the term is calculated separately.

It is worth mentioning about the limitation period for the guarantor, since there are special rules for it. If an individual, when receiving a loan, a guarantee was issued as a guarantee of his return, in the event of evasion of debt repayment, representatives of the bank will refer to the requirement to compensate it to the guarantor. But in this case, the creditor rights are narrowed. The term of the guarantee is limited by the period specified in the relevant contract. If it is absent in the document, the responsibilities of the guarantor operate throughout the year after the expiration of the loan agreement. It is so much time the law gives the bank to submit to the guarantor to court.

When is the time counting begins?

If the obligation is set to execution, as happens, for example, on loans, the Civil Code provides that the beginning of the reference of the limitation period is at the date of completion of the performance. Therefore, the courts are preferably inclined to the fact that the three-year period of limitations on the loan begins from the day next after the last payment. In other words, after an individual for the last time made money on debt, the bank has 3 years to demand return debt.

If there will be a contact between the lender and the borrower, for example, it will be made even the most small sumThe debtor will write down in receiving a registered letter of debt, a bank branch will visit or his employees will contact the borrower on the phone, the statute of limitations will be reset, and its countdown will begin again. At the same time, the transfer of debt to collectors does not affect this process, and when it occurs, it continues to go that the limitation period, which began with the latest payment or contact with the bank.

As for the 10-year limitation period, it is calculated from the date of the loan. Thus, regardless of the date of the last repayment of the debt or other interaction of an individual with the bank, 10 years after receiving the loan, the lender can no longer claim his refund on a court decision.

Tip:it is not necessary to expect that the representatives of the bank will calmly wait for 3 years from the last payment on the loan or 10 years from the date of its design, and are ready to accept the loss of funds that you owed. They will use all sorts of ways to establish contact with you, which will lead to the interruption of limitations. Therefore, it is worth finding a way to pay for debts, and not count on their cancellation. One of the options is to pay off the debt due to the new loan. If you decide to take advantage of this method, we recommend to familiarize yourself with the information on how.

The effects of the expiration of the limitation period

According to the Civil Code, when a 3-year term from the date of the last payment or 10-year-old from the date of registration of the loan, the bank can no longer claim the property of the debtor, including to write off the money from the account without the consent of its owner. More cannot be submitted to the debtor. But the banks are not in a hurry to recognize such debts with hopeless and write off such debts, since the law does not oblige them to make such decisions.

It is important to understand that if it even managed to avoid contacts with the bank over the statute of limitations, you should not count that problems will end on this. Even getting rid of the risk to obtain a court decision on the recovery of the loan, you need to be prepared for other negative consequences:

• Serious blow credit history . Information that you avalized responsibility for an unpaid loan will definitely be available to potential creditors, and it is unlikely that in the future will be able to take new loan. Banks will not be interested in such a risky client.

• Reimbursement of canceled debt. The Civil Code provides that the return of the loan debt is possible even after the expiration of the statute. His countdown begins again if the debtor recognizes duty and it will be recorded in writing. Although the bank cannot refund the debt on the loan through the court, this does not mean that attempts to return the money will stop. Most likely, you will continue to call, write with the requirements to pay for debts and can refer to collectors. It even happens that the Bank submits to the debtor to the court after the expiration of the limitation period, and there is no guarantee that the judge will pay attention to this. Therefore, if this happens to you, give a petition for the application of the limitation period.
• Charged fraud. Taking active actions to evasion from paying a loan, the debtor risks to get under the signs of a fraudster provided for by criminal law.

When can the debtor recognize a fraudster?

If you after receiving a loan, you will not make a single payment on the account of the debt and you will avoid contacts with creditors, they can arouse the case of recognizing you by a fraudster. Article 159.1 of the Criminal Code provides for liability for lending fraud.

The credit debtor may recognize a fraudster, that is, a criminal, and to criminalize if he committed the following actions:

• Provided when issuing a loan, obviously unreliable or false information.
• Fraudulently received a large amount (over 1.5 million rubles).
• Using loan false information seized particularly large sum (more than 6 million).

For such actions, the following types of responsibility are provided:

• Fine.
• Mandatory work.
• Corrective work.
• Restriction of freedom.
• Forced work.
• Arrest.
• Deprivation of liberty.

A specific punishment depends on the circumstances of the case, in particular from the amount of debt, the assessment of a group of persons and the use of official position. But even if it is possible to avoid prison and get a milder punishment, one of the presence of a criminal record will spoil the biography and leads to numerous difficulties in the device to work and address different instances.

As practice shows, the risk of being criminally liable for fraud is reduced under certain circumstances:

• The loan amount does not exceed 1.5 million rubles ( we are talking About the net amount of funds received excluding penalties, fines and interest).
• The debtor made payments, that is, upon receipt of a loan, he did not have intent to take hold of means and not to return them.
• The limitation period over the loan has been completed.
• The loan was issued on the security of property (apartments, car, etc.).
• The amount of income in the certificate, which was provided for registration of the loan, is overestimated slightly.
• A written notice of the debtor was sent to the bank that he had material problems and that immediately after their decision, he undertakes to continue the return of credit funds.

Let's sum up

The statute of limitations on the loan is a period of time that is given to a bank or another lender to present the requirement to the debtor through the court. After this period, the issue of return can be resolved anymore borrowed money In court, that is, debt is annulled. The limitation period from the next day after the last payment on the loan is 3 years, and from the date of its design - 10 years.

If there was contact between the debtor and the bank, such as a visit to the department, a phone call or contribution to the debt even the most modest amount, the statute of limitations is interrupted and a new countdown begins. It is difficult to avoid such contacts, but even if it is possible to interact with the creditor representatives of all 3 years (10 years), the problems will not end. Pursuit is likely to continue, and the bank may even arouse the case of the recognition of the debtor by a fraudster.

You made a loan and some time your financial opportunities allowed him to extinguish on time. But there are unforeseen circumstances and you cannot pay a loan. This situation is familiar to many borrowers. In such a situation, there is a long period of waiting for action by the Bank. Will he demand debt payments? What time frame can the bank demand from the loan return borrower?

How old is the limitation period for the loan?

The law provides for the limitation period for 3 years. During this period, the Bank may require a borrower payments through the court. At the same time, it is important to understand, from which moment the limitation period begins to flow.

When does the credit statute period begins to flow?

Unfortunately, unified position judicial bodies on this issue do not exist.

First option. The most common is the point of view that the limitation period on the loan begins to flow from the moment when the last payment on the loan agreement was produced.

Example. You issued a loan 01.02.2010, and the last of your payment was produced on 07/05/2011. In such a situation, the statute of limit on the loan expires 07.07.2014.

Second option. Some courts believe that the period of limitations on the loan begins with the end of the contract.

Example. The loan agreement was issued on 01.02.2010, the last payment you should have committed on 01.02.2014. Under such conditions, the statute of limitations according to your loan will be completed on 01.02.2017.

Moments that influence the limitation of the loan

It is worth remembering that it is not enough just to wait 3 years to expire for the statute of limitations according to your loan. It is important that during this period you have not taken any actions aimed at repaying debt. For example, if you send a letter to the bank with a request to restructure debt or the like, this action may interrupt the limitation period for the loan, and it will begin to flow first from the moment you send the corresponding letter.

What if the bank sued the court after the expiration of the statute of credit?

If the Bank has been late with the submission of a claim, then you need to declare about the passage of the credit organization of the specified period and the need to refuse the bank in the lawsuit.

Note! The expiration of the statute of limit on the loan does not mean that the bank will not be able to write you letters, call with the requirement of repayment of debt on the loan. Your lender, even in such a situation there are similar rights.

In connection with the crisis, the number of people who are not able to repay loans taken into more prosperous times. There are no cases when it comes to court. Here is the borrowers and begins to interest the question, what is the limitation period for a bank loan and whether the credit organization can require debt after this period.

The concept of lawsuit

The limitation period (let's call him) - this time during which the bank has the opportunity to sue the negligent borrower.

It is worth considering that the claim from credit organization The court will take regardless of whether the term has expired (paragraph 1 of Article 1999 of the Civil Code). Therefore, if you think the time of the bank is left, you must definitely declare it before the decision is made.

Credit statute

Some borrowers do not know what period of limitation on the loan, others think that the statute of limitations is counted since the opening of the loan agreement. This is not true. P. 1 Art. The 200 Civil Code of the Russian Federation states that LED begins to go from the day when the bank learned about delay. In paragraph 2, it is indicated that for obligations with a specific period of execution of LEDs 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 considered the deadline for the end of the contract, sometimes on the number of making the latest payment, and sometimes on the day of the direction of the official letter of the borrower on the repayment of the delay.

Resolution of the Plenum of the Armed Forces of the Russian Federation No. 43 of September 29, 2015 gave all in its place. It indicates that based on the meaning of Art. 200, the countdown of limitations on debt, which under the contract should be made in parts, begins to be considered separately for each such part. That is, the limitation period for overdue payments, percentages, penalties, etc. is calculated separately for each unpaid contribution.

When does the limitation of the loan begins? Example: Under the Treaty, the repayment date of the loan is every 12 number. The client has ceased to make payments from November 12, 2016. In this case, LED on the first overdue payment will begin on 12.11.2016, on the second - 12/12/2016, in the third - 12.01.2018, etc.

If the bank filed a lawsuit only for the recovery of the principal debt, then the LED according to the remaining payments (for example, on the payment of the penalty) continues to go. At the same time, after the expiration of the prescription for the main requirement (paragraph 1 of Article 207 of the Civil Code of the Russian Federation), the debt debt period of the loan expires and on promiscuits (that is, by penalties, interest, pledge, etc.). But if the contract was determined that interest paid later by the principal debt, the statute of limitations on them is considered separately and does not depend on the end of the LED on the principal amount of the loan.

Suspension and time limit

Do banks write off credit debts? LED current is suspended:

• if the submission was prevented by an insurmountable force;
• as a result of a legitimate moratorium (i.e., deferred);
• if the debtor is located in the army given in the martial law;
• when suspending the law (or another legal document), regulating the relationship.

If the parties resorted to an extrajudicial dispute resolution, the period of the period is suspended at the time of this procedure (either for half a year, if there is no time). Since the end of the cause, which was suspended, the limitation period will continue.

Is it possible to write off the loan debt or take a break? The break of the LED flow occurs if the borrower performs actions that they say 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 Armed Forces of the Russian Federation No. 43, these steps may be:

• recognition of the presented claim;
• changing the contract where it follows that the borrower takes debt;
• customer's statement on the change of the terms of the contract (for example, the deferment of payments);
• the act of reconciliation of mutual settlements, fastened by the signature of the bank.

But if a person simply responded to the bank's claim and at the same time did not indicate what was responsible for this debt, then such an answer is not considered recognition, so there will be no break.

Also, if the client recognized only part of the debt, including the periodic payment, then this does not mean that he agrees with debt as a whole. That is, this contribution can not be the cause for the break of the LED flow by other contributions.

When the steps talking about the recognition of debt committed a borrower representative, LED is interrupted only if he had the necessary powers (Article 182 of the Civil Code of the Russian Federation). If the debtor simply does not make any actions and does not sign anything, then the lawsuit is not interrupted!

Note that after the break, the LED does not continue, but it begins again, that is, the time that passed before the break, it will not be certified in a new term!

Example: The borrower was supposed to pay the next payment on April 15, 2016, but he crushed and did not pay for several months. Thus, from 04/15/2016, the limitation period began. 09/15/2016 The man came to the bank and wrote a statement of installment payment, but then stopped paying again. In this case, the three-year-old LED will begin again from 09/15/2016.

Important! With all suspensions, the limitation period (paragraph 2 of Article 196 of the Civil Code) cannot exceed 10 years.

Can the bank require debt after the expiration of limitations

Can the court write off the loan debt if the statute of limitations expired? In most cases, the Bank does not wait, when the deadlines will pass, and submits to the court in a timely manner. But even if Sid has already passed, the borrower is unlikely to leave alone. Probably, employees of the credit institution will call, come, write letters, try to prescribe guarantors or relatives. But to submit to the court the bank is most likely no longer be, since the debtor will declare about the statute of limitation, then the court will still refuse to initiate the case.

When the lender decides that the duty to return is unlikely to succeed, it can give up a problem loan to collectors. It is no secret that the methods of the latter often go beyond the permitted, about which a bunch of eloquent feedback on the Internet.

There are many articles on the network that it is necessary to allegedly withdraw consent to the processing of their personal data, and from the borrower will populate. In fact, it will not give anything. According to Art. 9 ФЗ №152, even when responded, the bank or collectors have the right to continue processing personal data, if necessary, to implement them legal rights and interests. But few people know that not so long ago was adopted by FZ №230, which is clearly stipulated, to whom, when and how to "get the debtor".

So, the collector does not have the right to come to the borrower more often 1 time per week and call more often:

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

It is forbidden to threaten, apply force, harming health or property, enter a person to delusion or put pressure on it, etc. You can not report the debt to third parties, disclose information about the client itself or its debts.

Important! By law, the borrower may refuse to communicate with the lender or collector. To do this, you need to send him a statement by a registered letter or through the notary, or simply give it to receipt.