Bad debtors who are not able to pay the required amount or arrears in interest, is written off when the debt on the loan. Is there such a possibility in law and the order in which debts are cancelled, you will learn in detail from this material.
the content of the article:
Order of write-off according to the law
The civil law provides for the possibility to liquidate the debt in 3 years after the due day of payment. This means that if within 36 months not submitted through the court requirement to pay the debt, it will be canceled. This means that the expired Statute of limitations. The Bank is entitled to apply beyond this date in the court but if the defendant debtor to present the petition for review of the application, the claims will be denied. In such a situation in connection with the late filing of the claim of the credit institution, the Bank will stand on the side of the defendant, admitting the non-payment specified in the contract with the Bank date.
The specified delay period occurs in cases of interaction with the Bank regarding the issue of debt repayment:
- conduct oral negotiations with the agreements in written form – signing letters, additional agreements to the loan agreement;
- the claim and of the reply by the debtor;
- visit financial institutions for the signing statements, compiling profiles, leaving other documents of the Bank;
- a partial payment of the debt, which means its acceptance in full of the indebted person.
In some cases, such interaction is not directly with the Bank and collection Agency to receive bad debt. To require payment of funds mediators can outside the Statute of limitations in a variety of ways, providing emotional pressure or threat to life and health. It is illegal and contrary to law.
If the demand is filed within the Statute of limitation to collect it has the opportunity as principal debt and interest accrued for each day of delay.
Information about the delinquency and the amount of unfulfilled obligations is transferred in Bureau of credit stories. After receiving the loan funds will be very difficult. Minor admits the failure of the debt within 30 days after the due date. In such stories it is possible that the Bank will issue funds in the loan.
How does the debt relief
The debt, the write-off period which is more than 3 years not to be recovered. The lender shall not be entitled to assert a claim for its payment even in court. Technically to deprive him of such possibility it is impossible, but most likely the decision will be made in favor of the indebted person.
In respect of the period of limitation provided the following criteria for the current period:
- date is calculated from the last day when such payment, if the payment occurred 2-3 months, then the limitation period will be calculated from this number;
- when the period of non-payment is more than 3 months, the prescription period starts from the moment when the Bank is the last time you checked out debt, this corresponds to a General rule about the moment when the creditor became aware of the violation of their rights – that is, non-payment means the specified period;
- when negotiating with the Bank, for example, to defer payment or installment if you make part of the amount of the limitation period is renewed, the date of onset of the period is the last day on which the Bank interacted with the customer;
- in some cases, the Statute of limitations does not depend on the period for which the loan was issued.
If the debts have accumulated multiple loans the cancellation is made in equal shares to each of the loans or as writs for debt collection, or court orders, if the amount of debt is less than 50 000 RUB.
What if to pay the debt is impossible
In the absence of financial ability to pay debt, you must do the following:
- to Contact the credit institution that issued the funds a statement on the provision of "loan holiday" or postponement of debt repayment, usually this period lasts 6-12 months.
- If the payment has not yet arrived, you can file a petition for debt restructuring, postponing the date of introduction of the next payment. Required to provide evidence of change in the financial situation of the debtor, for example, due to extended illness or layoff, reduction of earnings in connection with the change of the position at low pay. Have the opportunity to refinance to reduce the monthly payment, a new loan will be repaid old debt and payments will resume in the new environment.
If the debtor comes in contact with the Bank and not avoiding the disbursement of funds, justifying change or a difficult financial situation, it is possible to write off part of the debt by the court. In General, these measures apply in respect of penalties and fines accrued on the principal debt.
Possible cancellation by the court, ie debt can be written off by the Bank independently under the following conditions:
- when the agreement between the debtor and creditor, was liquidated in this way up to 75% of the outstanding amount, recourse to the courts is not allowed;
- the Bank on its own initiative withdraws sanctions and penalties if they constitute not more than 50% of the debt;
- the means you can get in touch with a co-borrower or guarantor, the principal debtor may not receive a re-requirements in connection with the absence of long time payments.
In respect of claims after the period of limitation, the following applies:
- the presentation of them is considered illegal under the law, the debtor may file in court a petition for the termination of the period of limitation and termination on this basis of production, the decision in this case in favor of the indebted person;
- is to be hoped that the Bank will forget about the debt for 3 years is not worth it, credit companies are closely monitoring the persons who have admitted of the delay and continue to monitor the situation in various ways – by letters, claims, summons, constant calls on cell, home and work phones.
the Basics of the law
Legislative acts of insolvency in 2015 was introduced this concept as a personal bankruptcy. With the accumulation of bad debt is now the possibility of declaring yourself a citizen insolvent. The procedure of debt relief has become possible due to accumulation in total amount of 600 billion rubles in respect of creditor banks in Russia. The adoption of this act will have a positive impact on consumer demand for loans. Debt elimination is performed when the accumulation amount of debts in 500 thousand rubles in unpaid funds within 90 days of the date of occurrence of the payment. The procedure starts when the judgment and writ of execution relative to the enacted act. In addition, the citizen should not be was a valuable asset that it is possible to realize to cover the debt.
The bankruptcy also can result in repayment of the debt through the issuance of other loans – restructuring, conclusion of a settlement agreement regarding the method and manner of repayment of debt, the sale of real estate or other valuable property of the debtor. A plan loan can be taken for up to 3 years, renewal is possible only by court order.
it is Important that regarding payment of the debt, the borrower has decided the situation solely from the creditor Bank.
When claims collection Agency, you should request a contract to transfer the debt to another legal entity, license and registration about the possibility of conducting their activities. Often, banks themselves are to resolve the issue of debt, if the borrower is not a willful defaulter. In the interests of financial institutions also maintaining a good reputation and the minimum number of trials, addressing issues on the basis of additional agreements by entering into agreements and financial instruments.