How long does it take for a loan to expire? Limitation period for credit debt

The bank has the right to demand through the court from the “negligent” borrower the credit funds due to him, fines and penalties. Once this period ends, the debt must, in mandatory be cancelled, and the financiers should not have any claims against the debtor due to their groundlessness. All kinds of scammers often try to take advantage of this opportunity. After processing the loan, they stop making the obligatory payment amount and try to hide, in the hope that after three years they will be able to appear and the bank will not be able to make any claims against them. But is it? Let's try to find out.

When to start counting the statute of limitations on a loan

This period is clearly indicated in Article 196 of the Civil Code of the Russian Federation. This is three years from the date determined by the Civil Code in Art. 200, that is, unless otherwise specified in the law, the limitation period begins to count from the day when the person became aware or was obliged to learn about the violation of his rights and who would be the proper defendant in the event of filing a claim for the protection of these right If the obligations were concluded with a clearly stated deadline, then the limitation period begins to expire after the deadline for fulfillment has expired. For obligations for which the deadline for fulfillment is not specified or starts from the moment of demand, the limitation period begins to count, inclusively, from the day when the creditor presented his demands for the fulfillment of the obligation.

Determining when the statute of limitations begins

Most of the questions arise about determining the moment when to begin counting the statute of limitations. Not only by ordinary borrowers, but also by experienced lawyers, the norms of Art. 200 of the Civil Code of the Russian Federation are interpreted differently. Some lawyers argue that it is necessary to start counting the statute of limitations from the date the loan agreement expires.

The bank may well leave the borrower alone for the entire duration of the loan agreement, while at the same time charging fines and penalties. When the period expires, the debtor will be presented with a demand for full repayment of the debt, interest on the loan and sanctions for late payment. The financiers then have three years at their disposal, during which they have the right to claim these cash. The rest of the lawyers rely on Resolution of the Plenum of the Supreme Court of the Russian Federation No. 15 of November 12, 2001 and Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 18 of November 15, 2001 “On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period.”

Specifically, lawyers use the following rules: The countdown of the statute of limitations for a claim that was filed as a result of violation by one of the parties to the contract of the terms of payment for goods (work, service) in parts can begin for each of the individual parts from the day when the person was aware or could have learned of a violation of his rights. The statute of limitations, according to claims for late payments (rent, interest accrued for the use of credit funds, etc.) can be calculated for each late payment separately. The limitation period for claiming interest that the borrower must pay on the loan amount in the manner and amount specified in clause 1. Art. 809 of the Civil Code of the Russian Federation ends at the end of the limitation period for demanding repayment of the principal amount of the loan (loan).

Having studied various areas of judicial practice, we can conclude that the courts use the second method to calculate the limitation period for a loan (based on clause 1 of Article 80 of the Civil Code of the Russian Federation).

That is, without being tied to the duration of the loan agreement. Thus, at the moment the lender discovered the fact that the obligatory payment was not received in the current account, he has the right and even the obligation to inform the borrower about this. From this minute the statute of limitations begins to count. At the same time, the statute of limitations has one important feature. It is reset to zero if, from the moment the delay occurred, the borrower has repaid the debt, at least partially, or has made contact with the creditor. For example, the first time a client was late on a payment was on March 1, 2014. It was from this day that the statute of limitations began to run. But if on May 1, the loan specialist made an appointment for the borrower at a bank branch, and as a result, a protocol or other document was drawn up and signed, then the period of three years begins to count again from May 1. Another development of events is also possible. The borrower did not meet with the manager, but paid part of the debt on July 1st. In this case, the limitation period is again reset. However, due to the fact that the debt was not fully repaid, the countdown resumes from August 1st.

How to accurately calculate the statute of limitations on a loan

Certain rules have been adopted that apply when calculating the limitation period. The bank must submit a request for early repayment of the debt in writing by sending a registered letter with notification. It is from this day that the limitation period begins to count. Any contact between the lender and the borrower possible way, when the debtor signs the documents or in any other way the fact of his communication with the manager is recorded, it becomes the reason for the countdown of the limitation period to start anew. As a result of filing an application for refinancing or debt restructuring, the statute of limitations is also reset. If the debtor repays part of the debt, then the limitation period begins again from the day the payment is deposited into the account. If the debt is repaid in full, then the countdown of the limitation period stops. Its renewal is likely in the event of another late payment.

If a bank or any other financial organization transferred the debt to a collection agency, this is not the reason for changing the countdown of the statute of limitations.

Also, the statute of limitations cannot be changed by agreement of the parties, despite the fact that this may be stipulated in the loan agreement (this clause in the agreement may be considered void). But still, the basic rule used in calculating the limitation period is prescribed in Article 200 of the Civil Code of the Russian Federation, which allows for an ambivalent interpretation. Some lawyers are still inclined to believe that the statute of limitations should begin to count from the date of expiration of the loan agreement. After all, even if the loan payment was late in the first month of use borrowed money, then financiers can file a claim, citing Art. 200 Civil Code Russian Federation. For example, when there is only a month left before the statute of limitations expires. Then you will be forced to challenge the claim in court. Of course, no one will forbid you to refer to the decisions of the Supreme Court or the Supreme Arbitration Court, but there are no guarantees that the court will take your side. To terminate court proceedings after the statute of limitations has expired, the borrower must file a petition during court hearings. It is also permissible to submit an application officially certified by a notary, that is, without the personal presence of the defendant.

What a debtor needs to remember when calculating the statute of limitations

Sometimes creditors do not deliberately disturb the creditor, waiting for the amount of penalties and fines to increase. Then, three years after the first delay in payments occurs, the bank goes to court, demanding the entire amount of the debt, accrued interest, fines and penalties be returned at once. So, do not avoid communicating with the lender, hoping that after the three-year period they will simply forget about you. On the contrary, if your financial situation has worsened, it is better to immediately submit an application to the bank with a request for debt restructuring. Then the statute of limitations is reset and the bank has the opportunity to help its client get out of this situation with dignity.

It is equally important to know how to defend yourself when the statute of limitations has come to an end. Of course, the bank will try to artificially extend this period, indicating that collectors or managers have made contact with the borrower. Debtors need to know: A telephone conversation recorded by a bank employee (when the bank does not have a recording of such a conversation) cannot be considered evidence of communication between the debt collector and the borrower. Also, a signature on a document confirming receipt of a letter from the bank does not serve as evidence of recognition of the debt by the borrower or the fact of communication. The fact that the borrower is present at the bank branch cannot serve as evidence. For example, when a client came to withdraw funds from his current account at the same bank branch where he entered into a loan agreement.

So, it is the responsibility of clients to be aware of the statute of limitations as a way to protect their interests if they cannot physically repay their loan. But it should be noted that this method of avoiding responsibility is very risky and complicated. It will be easier to enter into a constructive dialogue with a banking institution than to be “on the run” and count on your luck.

The period of time when a financial organization has the opportunity to fully collect loans from individuals and legal entities, is called the statute of limitations on the loan. After a certain date financial organizations, by law, are no longer authorized to litigate for the return of money. Fraudsters actively take advantage of this opportunity, hoping that they will be able to avoid paying off their debt. However, whether banks simply forgive non-payment of debts on loans beyond the statute of limitations cannot be said with certainty.

Limitation period for loans in 2018

Surely, most people, when applying for a loan, do not even think about what statute of limitations is established for loans, and whether there is one at all. But, in fact, according to the law, the statute of limitations on a loan is what is provided for by modern legislation.

Legal provisions for individuals

In 2018, the loan statute of limitations is 36 months. Further, any collection of loan debt by banks, including those related to judicial practice, is considered unfounded.

However, in such a clear matter arbitrage practice by the statute of limitations of loans shows various options for the development of lawsuits involving individuals to liability for non-payment of debts on a loan due to limitation. Lawyers disagree on what day it is necessary to count the thirty-six months defined by law.

Some believe that the statute of limitations on loans for individuals begins to apply when the date specified in the loan agreement as the end of the repayment period arrives. Moreover, if the borrower knows what the statute of limitations is, and he does not make the established payment during the entire duration of the agreement, notification from the bank is not necessary. At the same time, the bank may charge the client penalties, fines and other sanctions.

Other lawyers believe that the statute of limitations for personal loans 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 established amount. Then the statute of limitations on the loan begins to count from the date of the last payment made. Until expiration three years– the time established for such legal cases in 2018, the bank has the right to go to court and obtain payment of the full loan amount from the borrower.

The borrower should know that, no matter what the current statute of limitations on the loan is, it can be reset to zero and start again with any contact 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 recording of the telephone conversation.

Judicial precedents

So, while the statute of limitations on the loan has not yet expired, the financial organization has the right to file a claim with the borrower for the return of funds provided for in the loan agreement.

Each bank necessarily has its own lawyers who have encountered loopholes in judicial practice regarding non-payment of loans issued to individuals beyond the statute of limitations.

Most lawyers filing a claim are guided by the first path described above - that is, they try not to attract the attention of an unscrupulous client as much as possible for a long time, while accruing significant penalties and other penalties.

However, the majority of judges in practice in 2018, when considering claims based on the loan statute of limitations, use the second reading of the Code and determine the beginning of the statute of limitations at the time of making the last payment established by the contract, which in most cases can be turned in favor of the defendant.

It is worth understanding: expiration established by law The statute of limitations on the loan, if there is one, is not a panacea either for paying off the debt to the bank or for the financial organization going to court.

The end of three years is just a strong argument in favor of the defendant if the bank suddenly files a claim. This can happen either three years or ten years after the expiration of time.

Moreover, the court will not engage in calculations regarding whether the statute of limitations for collecting the loan has expired; its decision will be influenced by documentary evidence and the activity of the parties. Independent provision of documentary evidence will help the debtor to minimize the existing loan debt or avoid paying it off altogether. It is best to hire a qualified lawyer for these purposes; the statute of limitations on the loan by court decision will depend on this.

Debt collection by bank

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 it by law. If the statute of limitations has not passed, the bank can go to court, but if this period is missed, collectors can get involved.

By the tribunal's decision

Currently, the bank has the right to file a claim under a simplified procedure - to a magistrate, if the debt does not exceed 0.5 million rubles. In the course of enforcement proceedings, he issues a special court decision, which saves time by avoiding prolongation of the process. The writ of execution is handed over to the bailiffs, and they, in turn, ensure the withholding and collection of capital from official sources - they will seize accounts and impose fines on wages.

Please note that from the moment of receiving a copy of the court decision, 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 appeal such an order.

Upon expiration

If, according to existing legislation in 2018, the statute of limitations for collecting a loan has expired, and banks understand that it is unlikely that the money will be returned by a court decision, they can easily sell the user’s debt to collectors. These are representatives of companies without whom debt collection in 2018 is practically impossible.

Collectors use absolutely any methods of repaying loan debt, including illegal threats and direct physical force. When a collection agency, while collecting a debt, causes damage to the health or property of a person and there is confirmation of this, according to the law, he has the right to submit a statement to the police department.

If the authorities at this level fail to act, contact the prosecutor’s office. If the bank transfers the user's debt to a collection company, the statute of limitations on the loan does not start over.

Conclusion

So, the statute of limitations for a loan, defined by law in 2018 as a three-year period, is the time after which the debtor, when filing a claim against him in the courts, has the right to submit a corresponding petition and avoid repayment of loan debts.

However, the expiration of the claim period does not guarantee the bank’s refusal to receive its own money - there are many methods of collecting debts from individuals, including with the involvement of collectors - which can turn out quite disastrously for the debtor.

Whatever path the bank chooses to repay the debt - a court decision or other methods - it will be unprofitable for the user to comply with it. Therefore, the client has to think several times - whether it is worth avoiding contacts with the bank throughout the entire limitation period for the loan or immediately, if it is physically impossible to repay the debt, report this to the financial institution and find a solution together.

Some borrowers do not act in good faith towards the bank and do not repay the loan. Banks, in turn, may demand that the loan be repaid within the statute of limitations.

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It is during the limitation period that a banking institution has a legal basis to demand that its client repay the loan. There is a clause in the loan agreement regarding this point.

Many borrowers who understand at least a little about credit matters act cunningly. They simply wait out this period, and then calmly continue not to repay the debt to the bank.

This is a completely profitable and convenient solution for those who really cannot repay the loan. Banking institutions are aware of such subtleties and try to prevent the borrower from avoiding repaying the loan.

They often turn to debt collectors to help solve the problem. But even this sometimes does not save the situation.

Initial information

As practice goes, legally savvy borrowers are much more likely to get out of a tangled financial web than those who do not understand this issue.

This is especially useful in cases where banks allow themselves to demand money from the borrower even when the law does not allow this. If the debtor has the necessary legal knowledge base, then it will not be difficult for him to defend his rights.

The existence of a statute of limitations on a loan as such is for many borrowers who find themselves in an unsatisfactory financial situation a real opportunity not to repay the debt.

In this case, there are a considerable number of pitfalls that the borrower may not be aware of.

But if he carefully reads the terms of the agreement, and also takes the time to study, in particular the article in part one, then the chances of not repaying the loan will be very high indeed.

Important Concepts

So, first you need to understand what a loan is. This is a concept that denotes the process of a specific monetary loan for a specific time period with the obligatory condition of its repayment.

In this case, it is necessary to return not only the entire loan amount, but also the interest that was accrued during the entire loan period.

Some borrowers, whose financial situation allows them to repay the loan, are trying to do this. But banks only lose from this, and try in every possible way to compensate for the damage, demanding that the client pay a fine.

This action is considered not entirely legal. But this may be written in the loan agreement. That is why it must be carefully studied before signing.

After all, if it talks about paying a fine in case of early repayment of the loan, then you are unlikely to be able to avoid this.

After this period, the bank no longer has the right to make claims to the client. But many banks and other financial institutions continue to call borrowers.

In such cases, the law, no matter how strange it may sound, is on the side of the debtor. If the borrower is aware of the nuances associated with this period, then he can go to court.

This period has a specific time period, which is specified in the law. Therefore, violation and non-compliance are serious.

Many banks are not afraid of this, and they still continue to extort money from the debtor, involving so-called assistants in the process. They can be collectors or simply those who can calmly threaten a person.

Where to contact the client

A client who owes money to a bank may be an honest person. After all, situations are different. Perhaps the borrower was fired from his job or made redundant wages, and he, accordingly, cannot repay the loan.

But banks don't care about the client's problems. Their goal is to force the borrower to repay the debt. If we talk about honest and well-known banking organizations, then most likely they will adhere to all laws one way or another.

And when the statute of limitations under the loan agreement expires, the bank will simply accept that the borrower will not repay the debt and leave him alone.

But, unfortunately, there are credit and financial organizations that try to extract money from the client using all sorts of methods, even those that contradict the moral law, not to mention other laws.

Sometimes it comes to the point that the debtor is exposed to serious risk.

He can be threatened by a variety of characters with whom the financial institution cooperates, ranging from pumped-up guys with dubious appearance.

When the situation reaches its climax and the borrower’s health is truly threatened, you should immediately contact the relevant authorities in order to obtain protection.

First of all, you need to file a police report. If for some reason they cannot help you there, then you can safely contact higher authorities, for example, the prosecutor’s office.

More often than not, this step really helps. This is due to the fact that collectors conduct their activities illegally and they do not want to contact law enforcement agencies again.

After all, this could threaten them with the closure of their enterprise. An option is to contact a credit provider. He, of course, has much less powers, and for his he will demand a certain fee.

But he will be able to help the borrower from a purely legal point of view. It is important to contact only trusted specialists, because cooperation with brokers who are incompetent in lending can lead to serious consequences.

It wouldn’t hurt to know about the activities of the collectors themselves. This will help ensure that in fact they do not have any legal grounds to demand the debtor to return the money. Collection activities are illegal in Russia.

The methods used by debt collectors are often far from the most pleasant. Their goal is to morally influence the borrower so that he will repay the loan under such pressure.

If you are unlucky and suffer from the debt collector’s persistence, then do not rush into despair. Contact the police and report that illegal actions have been taken against you.

Literally immediately after law enforcement agencies influence the collector, he will leave you alone.

Current legal framework

Everything related to lending is strictly regulated by law. Knowledge of basic legal acts has never been a hindrance. This is especially true in cases where the rights of borrowers are seriously violated.

Here we can also talk about the moment when the statute of limitations on a loan expires, and banks are trying in every possible way to violate the rights of debtors.

It was then that knowledge legislative framework helps to avoid troubles and allows you to find a way out of a difficult situation.

The most basic law, which contains information directly about the limitation period, is the Civil Code of the Russian Federation, namely part one of Article 196.

This law contains information regarding the limitation period for the guarantor (part 4 of article, Civil Code of the Russian Federation).

In addition, information on lending can be found in Federal laws, including.

The activities of banking organizations are controlled by such Federal laws as and.

Honest and conscientious banks are guided by these laws. For other small and unproven financial institutions, as they say, the law is not written.

Is there an expiration limit on a bank loan?

Many who understand that they are unlikely to be able to repay the bank are interested in when the statute of limitations on the loan expires. Knowing this nuance will allow you to monitor the entire lending process and help you find a way out of this situation.

Often the expiration of such a period becomes a real salvation for those who definitely will not be able to repay the debt to the financial institution.

And even with the bank’s strong insistence on repaying the loan, the borrower still has a real opportunity not to do this, and you should also forget about the loan that you could sign when taking out a loan.

When does the deduction start?

Many borrowers mistakenly believe that the statute of limitations on a loan comes into force at the moment the contract is concluded. But this is not true.

In fact, this period begins to apply after making the last installment on the loan. For example, if the payment was made six months ago, then it was then that the statute of limitations came into force.

But if no payment was made during these six months, then the bank can force the borrower to repay the loan ahead of schedule - it is at this moment that the statute of limitations on the loan begins to count.

Based on this, every debtor must know when the statute of limitations on a loan begins. This will allow you to independently control the expiration process.

What is the validity period of the claim?

It is necessary to know not only the fact when the statute of limitations comes into force, but also how long it can last. The general limitation period is three years.

After three years, no banking or other financial institution has the right to demand that the borrower repay the loan.

Of course, many institutions do not adhere to such a policy and try in every possible way to force the debtor to return the entire amount. The borrower himself in this situation has all the trump cards.

The law will be on his side, and not on the side of the bank. After you refuse to repay the loan, arguing that the term has expired, the financial institution may go to court.

But this does not mean that his chances of winning are great. Most likely, the bank will be defeated, but on the condition that the debtor also files a claim with the court about the violation of his legal rights.

But do not forget the fact that if the period has not expired completely, then the bank has every right to sue you. And then it will be absolutely legal. You will have virtually no chance of winning the case.

When applying for a loan, an important point is signing the agreement. Don't rush to put your signature on it. Study all the points that relate to debt repayment, including the point on the statute of limitations on the loan.

This will help you feel more confident and comfortable. After all, you will know that after the loan expires, the bank will no longer be able to demand from you either early or any other repayment of the loan.

For consumer loan

The advantage will be on the side of the individual, since the law does not allow demanding money from the client after the statute of limitations has expired.

Consequences for guarantors

First of all, do not confuse the deadline with the statute of limitations. These are completely different things that are regulated by different laws. Thus, the terms of the guarantee are provided for in paragraph 4 of the article of the Civil Code of the Russian Federation.

As for the limitation period for guarantors, it terminates if the financial institution has not filed a lawsuit against the guarantor within one year.

The duration of the limitation period, based on the bank’s requirements to the guarantor for repayment of the loan, the payment of which in accordance with the terms of the loan agreement is determined by periodic installments, comes into force from the moment the next payment is repaid.

Have you taken out a loan from a bank and are faced with a situation where it has become difficult to pay: have you lost your job or gotten sick? Or even worse: once upon a time, out of stupidity, you vouched for a distant relative, who also recently died, and today you received a subpoena! When does the statute of limitations on a loan expire? Will the bank write off the debt? Is it possible not to pay?

In this material we will understand the subtleties and nuances associated with the statute of limitations on bank loans and cards of individuals in Russia.

The statute of limitations on a loan is the time during which the bank can collect the loan through the court. The bank can demand payment of the loan through the court from the borrower, guarantor or assignee. The legal successor is the heir of the deceased debtor.

Below in the article we described in detail how the bank operates in such cases, what property the bailiffs can describe, we gave examples from judicial practice, in one such example a person took out a loan of 100,000 rubles, stopped paying, and after the trial returned it in total complexity 213,608 rubles.

How long is the statute of limitations and from when to calculate it?

The Civil Code states (Article 196) that the general limitation period is three years.

When do you start counting three years? This issue is controversial. Some lawyers believe that each individual payment should be counted separately. Their opponents propose to count from the expiration date of the loan agreement. Still others count from the date of the last payment.

Which one is right? Let's turn to the laws. Article 200 of the Civil Code of the Russian Federation says that it is necessary to count from the moment the party whose right was violated learned about this violation. What does it mean?

The loan agreement contains a payment schedule, according to which the loan must be paid on a certain date each month. As soon as you are late on a payment, the bank will know about it. So, from this day we count three years. For the next payment, the limitation period begins to count as soon as it is overdue, etc.

That is, for each payment the limitation period is considered separately.

Example: Pavel took out a loan of 36,000 rubles for 12 months on February 14, 2015. On the 14th of each month you must pay the monthly loan installment. The first three months: until May 14 inclusive, Pavel regularly makes payments. June 14 is the date of the next payment, but Pavel does not pay or does not pay in full. From this moment on, the creditor already knows about the delay, and the statute of limitations for this payment begins to run.

After a month, the amount of the next payment plus a late fee is added to the amount owed. For this amount, the three-year period is counted from July 14, 2015, etc. (see Table 1).

Table 1: Calculation of the limitation period for loan payments

Limitation period for a loan for a guarantor

If you signed a guarantee agreement for a loan that was taken out by a relative, friend or other person, and this same person stopped paying the loan, then bank representatives will contact you. They will offer to pay the debt. It’s clear that you don’t want this at all. Let's deal with the issue of limitation of actions for the guarantor.

The guarantee is valid for as long as it is given. This period must be specified in the guarantee agreement. If a specific date is not specified, the guarantee is valid for one year after the end of the loan agreement. If the bank does not file a lawsuit within this period, the guarantee ends.

Here it should be taken into account that this period is preclusive - that is, the obligation itself terminates: it cannot be restored, interrupted or counted again.

Even if the bank sues the guarantor more than one year after the end of the loan agreement or after the period specified in the guarantee agreement, then it is necessary to declare the termination of the obligation, referring to clause 6 of Article 367 of the Civil Code of the Russian Federation.

In practice, there are situations when the loan agreement is still valid, but the borrower dies before fully repaying the loan. What awaits the guarantor in this case?

Limitation period for a loan from a deceased borrower

It all depends on the terms of the guarantee agreement. And there are two options:

1. If the guarantee agreement contains a clause stating that the guarantor agrees to be responsible for the new debtor in the event of the death of the debtor, then the guarantee does not terminate. And after the legal successor (heir of the deceased debtor) is identified, the guarantor will continue to be liable under the agreement, but for another person.
2. If the guarantee agreement does not contain a clause stating that the guarantor agrees to be responsible for the new debtor, then after the debt is transferred to another person (the heir of the deceased debtor), the guarantee is terminated.

If the debtor dies, this does not affect the term of the guarantee. It is valid for as long as specified in the agreement or a year after the end of the loan agreement.

Statute of limitations on credit card

For a credit card, just like for a loan, the statute of limitations is three years. Bank agreements for the provision of a credit card usually do not contain a payment schedule. However, the terms of the agreement stipulate that the debt must be repaid in parts.

For example, the following wording: “the borrower is obliged to repay at least 10% of the used credit limit monthly no later than such and such a date.”

If the next payment is not made, the bank learns about it (it becomes aware of the violated right), and accordingly, the statute of limitations begins to run from the date of delay.

The limitation period may be interrupted

The limitation period may be interrupted and the three years will have to be counted again - in this case the bank will have an advantage. This will happen if you:

• write an application for a loan extension or deferment of payments;
• sign – renegotiation of the terms of the loan agreement, in which payments become smaller and the term is longer;
• received a claim from the bank demanding repayment of the debt and wrote a response that they did not agree with the debt;
• and other actions that indicate agreement with the duty.

Attention! If you do not want the bank to be able to sue after the statute of limitations has expired, do not sign any documents acknowledging the debt.

These questions are explained in detail Supreme Court in the Resolution of the Plenum of September 29, 2009 number 43 “On some issues related to the application of the rules of the civil code of the Russian Federation on the limitation period.”

There is an opinion: if you deposit any amount to pay off the debt, this will be regarded by the bank as the debtor’s consent to the debt and the statute of limitations will be interrupted.

However, the Resolution of the Plenum states that if the borrower contributed only part of the money, this does not mean that he recognized the debt as a whole, and therefore does not interrupt the statute of limitations for the remaining payments.

In practice, there are cases when the deadline has passed, but the bank still goes to court, what to do in this case?

The statute of limitations has passed, will the bank write off the debt?

Firstly, you should not hope that the bank will miss the deadline and the loan will burn out.

Secondly, the bank can sue you even after the statute of limitations expires. Moreover, the court can satisfy the creditor's request and describe your property. But you can avoid this if you behave correctly. How exactly? We described this in detail below in the section “What to do if three years have passed and the bank has filed a lawsuit”

Third, if the bank does not go to court, then it transfers the right of claim (this is called an assignment agreement). And they will begin to zealously “knock” debts out of you, call your work, call your relatives, play all sorts of dirty tricks, threaten and blackmail. There are still cases where collectors sealed the doors of debtors with glue, painted the walls of the entrance, beat debtors and tortured them like business racketeers in the 90s.

Fortunately, on January 1, 2017, the law on the protection of the rights of citizens of the Russian Federation from unscrupulous collection agencies and microfinance organizations came into force, which is designed to protect debtors from such actions. However, collectors still have instruments of moral pressure.

If you are experiencing difficulties with debt collectors, we recommend reading our materials on how to deal with them correctly:

What to do if three years have passed and the bank has filed a lawsuit

By law, a bank can file a lawsuit even after the statute of limitations has expired. Therefore, do not be surprised if after the expiration of the three-year period you receive a summons.

The fact is that judges themselves do not check the limitation periods until the defendant declares this (Article 199 of the Civil Code of the Russian Federation). It is your responsibility to defend your interests.

All you need to do is tell the judge during the trial that you are asking to apply Art. 199 Civil Code (Application of limitation periods). After such a statement, the court will deny the bank’s claim, and you can breathe easy.

After the court denies the bank's claim, the bank will not write off the loan, even if you receive a salary on the card in this bank, and will not take the property that you left as collateral for this loan.

You can declare the expiration of the statute of limitations not only during the trial, but also in other ways:

• write a written statement (petition) and give it in court;
• send the petition to the court by registered mail with acknowledgment of receipt;
• submit the application to the court office.

If you submit through the office, it is better to write in two copies, on one of which the court office employee must mark receipt. .

Let's look at a few examples from judicial practice that will show how real people behaved in such cases.

Cases from judicial practice

Svetlana appealed the decision of the court of first instance

Svetlana took out a bank loan in March 2011 for a period of one year. For three months she regularly made payments; on the fourth, due to personal circumstances, she stopped paying the loan. She made her last payment in June 2011.

In October 2016, she received a summons to appear in court. As it turned out, the bank filed a lawsuit to collect the debt on the loan - principal, interest, late fees for the entire period from June 2011 to October 2016. Svetlana fell ill and did not appear in court. The judge decided in favor of the bank - to collect the entire amount of the debt.

Svetlana filed an appeal - she appealed the decision to a higher court. She referred to the limitation period and asked the court to apply Art. 199 Civil Code. The appeal court agreed with her arguments and overturned the decision of the trial court - it decided to reject the bank's claim.

Yakov reduced the amount of debt

In September 2017, the bank filed a lawsuit against Yakov for collection of overdue loan payments. The debt was calculated from September 2013 to September 2015.

In court, Yakov stated that he did not agree with the bank’s calculations and provided his own. According to his calculations, from September 2013 to September 2014 (three years before filing the claim), the statute of limitations expired.

The judge agreed with Yakov's arguments and ordered the bank to recalculate the amount of the debt. As a result, the court decided to collect the debt only for the period from October 2014 to September 2015.

These examples are provided solely so that you understand how to behave in court if such situations arise. But this does not mean at all that you can not pay the loan. Let's look at why further.

What happens if you don’t pay at all?

If for some reason you decide not to pay your loans at all, then this threatens you with the following: unpleasant consequences:

• you will ruin your credit history and taking out new loans in the future will be problematic for you;
• the debt will grow - interest and late fees will be added;
• if not a single payment has been made, then such actions can be regarded as fraud, and this is already criminal liability (Article 159 of the Criminal Code of the Russian Federation);
• Bailiffs can prohibit you from traveling abroad; for this you do not have to have millions of debts; a debt amount of more than 30 thousand rubles is enough.

If you decide not to pay the loan at all, the bank will harass you with calls and complaints. Bank security officers will send SMS and write on social networks, including to your friends. Simply changing your SIM card is not enough to get rid of moral pressure.

The most unpleasant thing is that they will call all the phone numbers they find. Including your friends, relatives, colleagues. The mother, mother-in-law and boss find out about the debt. Yes, according to the law, banks and collectors cannot threaten debtors and mislead them, but in some cases this is not required. The goal of bank employees is to achieve payments by acting on nerves, conscience and family feelings.

Life story:

Masha gained credits. At first, I missed one payment due to the fact that I did not calculate my salary correctly and spent it on new clothes, although I had to pay off the loan first. Then I missed another payment. The debt began to grow like a snowball. As a result, the girl gave up on loans.

After some time, collectors began calling. At first they interacted with her politely. Then they began to scare me with courts and bailiffs. Masha promised to pay, even made some payments, but she never covered the entire amount of the debt. Collectors began to increase pressure, found her parents’ phone numbers, began calling them, scaring them that they would take the apartment because of a small debt.

The debtor’s mother, unskilled in legal matters, got scared and began to put pressure on her daughter worse than the debt collectors. It’s one thing when you ignore debt collectors and don’t respond. you block their phones. But it’s much more difficult to hide from your parents’ anger.

The next step is for the bank to go to court or involve debt collectors.

If the bank sues within the statute of limitations, the decision will not be in your favor. The debt will have to be repaid, only a penalty will be added to it for late payments, legal expenses of the bank, etc.

When the decision comes into force, bailiffs will come to you to describe the property in order to sell it at auction and repay the debt to the bank. If there is not enough property, a document - a writ of execution - will be sent to your place of work. A certain portion (up to 50%) will be withheld from each salary and transferred to the bank.

If you are not officially working and there is no property, then the bank will periodically send a writ of execution to the bailiffs, until your retirement. After you become a pensioner, the writ of execution will be sent to Pension Fund and will be deducted from your pension.

Case from practice:

Gennady took out a loan - 100 thousand rubles at 20% per annum for a year. Each month, according to the payment schedule, you need to pay 9,263 rubles. The total overpayment on the loan for the year is 11,159 rubles. Quite an acceptable amount. But that would be if Gennady paid regularly. However, after five months he stopped paying. As it turned out, the loan agreement included a clause regarding penalties for missed payments - 0.5% per day (!) of the debt amount.

A year later, the bank filed a lawsuit. The total amount of the claim was 152,379 rubles, of which 87,538 rubles were penalties for late payments. Plus, court costs (state fees) were added to this amount - 4,248 rubles.

The court satisfied the bank's demands. Plus, the bailiffs collected an enforcement fee from Gennady equal to seven percent of the collection amount - 10,666 rubles.

But before that, Gennady had already paid 46,315 rubles when he paid regularly. It turned out that he took 100 thousand rubles from the bank, and returned a total of 213,608 rubles. To do this, he had to sell the car.

There is no need to wait for the trial. If difficulties arise: you lost your job, got sick, and you need to pay the loan, agree with the bank on deferment or installment payments, and do not wait until the debt grows like a snowball or collectors call.

With what debt will they not be allowed to go abroad?

If the amount of debt in the writ of execution is 30 thousand rubles (from October 1, 2017, previously - 10 thousand rubles) or more, then keep in mind that most likely you will not be able to vacation abroad, since the bailiff imposes a restriction on departure from the Russian Federation - sends a corresponding decision to the Border Control Department.

This resolution is valid for six months. If the debt is not paid within this time, the bailiff will issue a new order.

But even if the amount of the debt is less than 30 thousand rubles, but more than 10 thousand, then after the writ of execution is received by the bailiff service, the debtor is given 5 days to voluntarily pay the debt. If after these 5 days plus two months the debtor does not pay the debt, then the bailiff also has the right to restrict travel abroad. Moreover, the amount can consist of different writs of execution. That is, in this case, to restrict departure, an amount that exceeds only 10 thousand rubles is sufficient.

Is it legal to transfer debt to collectors?

Please note that the expiration of the statute of limitations does not prevent the bank from selling the debt to collectors. Moreover, this is common practice. Of course, banks, as a rule, do not wait until three years have passed, but get rid of problem assets earlier.

There is a lot of conflicting information on the Internet that transferring debt to debt collectors is illegal. Allegedly, this is a violation of bank secrecy and the law on personal data.

Let's figure it out.

It all depends on the terms of the documents that you signed at the time of receiving the loan: the loan agreement and consent to the processing of personal data and on the date of receipt of the loan.

If you took out a loan before July 1, 2014, then the loan agreement and consent to the processing of personal data must stipulate that the borrower is not against transferring data to third parties. Then the bank can transfer the debt to collectors according to the law.

On July 1, 2014, a law came into force according to which the bank can transfer debt to third parties, even if this is not specified in the agreement. It is enough that the contract does not contain a direct prohibition on such actions (Article 12 Federal Law“On consumer credit (loan).”

If you find that the debt was transferred to collectors illegally, complain to Roskomnadzor. To file a complaint:

1. A form will open for you to fill out - fill it in with the requested data (full name, subject of application, email, place of residence).

Screenshot 2

1. Describe the situation – briefly, concisely, to the point, without emotion.
2. Attach supporting documents: loan agreement, written demands from collectors or recordings of telephone conversations.
3. Enter the security code, click the send button.

In what cases can a debt not be paid by law?

There are no legal reasons why you can simply take out a loan and not pay it off. It is better not to trust companies that promise to help you cancel your loan. But there are cases when the law is on the side of the debtor:

• the statute of limitations on the loan has expired, and the court rejected the bank’s claim due to the expiration of the term;
• the bank wrote off the debt as bad: in practice, such cases are extremely rare - it is easier for the bank to sell the problem asset, especially since the law does not oblige banks to write off debts;
• a written agreement was concluded with the bank, where the debtor agreed to pay part of the debt, and the bank agreed to write off the rest;
• if an insurance contract was concluded and an insured event occurred, for which the insurance contract provides for the condition that the balance of the debt is paid by Insurance Company.

Example: The insurance contract states that if the debtor becomes disabled, the loan balance is covered by insurance. In order for the insurance company to pay the balance of the debt for you, you need to send it a notice of the occurrence of an insured event. In response to the notification, the insurance company will provide a list of documents and further actions.

Answers to frequently asked questions:

A year ago, the debt was transferred to collectors; how is the statute of limitations calculated in this case?

Answer: Transferring the debt to collectors does not affect the limitation period.

How is the statute of limitations calculated for late loans?

Answer: for each late payment, the limitation period is calculated separately.

Consumer loan debt from nine years ago. Should I give it away?

Answer: Only if a decision is received in favor of the bank to collect the debt from you, and you will not be able to appeal it. In other cases, the decision is yours.

The statute of limitations on your loan is running out and collectors are starting to bother you? What to do?

Answer: Offer to meet in court. If the statute of limitations has passed, then declare this in court, and according to the law, no one will demand anything from you.

Conclusion

1. Calculate your options before taking out a loan.
2. If you cannot pay the loan due to illness or job loss, carefully read the insurance contract, perhaps in this case the debt can be covered by insurance;
3. Agree with the bank about or refinancing the loan (see also: , ;
4. Read the papers you sign carefully.
5. Remember that the court is not obliged to apply certain legal norms itself. And if the bank sues you, and you consider it unfounded, be sure to prove your point of view in court, refer to the laws.
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Content

Many borrowers are grasping for a lifeline - the statute of limitations on accounts payable. For many, it remains a secret how to use this method. All forums advise talking to a lawyer, but if this is not possible, figure it out yourself. Find out what and why statutes of limitations exist for debt collection.

What is the statute of limitations on a loan?

There is a known period in credit practice during which the creditor bank may demand repayment of the debt. At the same time, he can summon the borrower to court in connection with the unpaid loan. This period is the statute of limitations for loan agreement. Debt repayment and claim can only be made at this time. You can use this practice to avoid paying off your loan by waiting until the period expires. Such attempts are suppressed in every possible way. However, for some, the expiration of the deadline will be a way out of the impasse.

How to correctly calculate the statute of limitations on a loan

The statute of limitations for the loan is limited in time - three years, but there may be several points of view as to what moment should be considered the start of this period. Obviously, the date of conclusion of the contract cannot be considered an accurate reference. Courts consider the date of the last transfer of funds to the account to be a convenient starting point. However, some courts are able to consider that when the contract expires, then the statute of limitations on the loan begins. Due to the fact that the application of such decisions is a rare case, by law the borrower has the right to appeal and change the result.

The correctness of the first opinion is also indicated by the fact that judicial practice applies equally to consumer loans or loans for production, and to credit cards. The latter do not have an expiration date, so you can only report from the last transaction. However, collection due to debt and demand for refund also ends after three years.

However, there is a situation when the statute of limitations for enforcement proceedings by bailiffs is calculated differently. The application of this principle cannot come into force if the borrower has entered into official correspondence or other communication with bank employees, for example, with its chief executive. Under such conditions, the counter is reset to zero. The statute of limitations on a loan is a history limited in time, so you should not believe the intimidation of banks or collectors after the end of the specified period.

Consequences of expiration of the statute of limitations

Often, even after time has passed, banks continue to demand a refund. To resolve the problem, a legally savvy borrower can simply file a petition. The document must contain information that the statute of limitations for enforcement proceedings by bailiffs has expired, and the organization cannot demand unpaid funds. It is important to remember that the length of the three-year period is not affected by the bank's request for help from debt collectors.

The court cannot prohibit calling or reminding the debtor of non-repayment even after the expiration of the three-year period. Even this hopeless situation has a solution: the debtor needs to write a statement in which he will ask for the withdrawal of personal data. Thanks to this, in most cases, the bank gradually begins to forget about its debtor. It is possible that you will be blacklisted by the bank; problems may arise if you want to take out another loan from the bank for something else.

The role of collectors

No bank will agree to simply forgive a debtor, so they turn to special organizations - collectors - for help. You will be very lucky if representatives of this company simply call and threaten, but they have a different tendency. Unscrupulous third-party organizations puncture tires, paint the walls of the entrance with intimidating inscriptions, and fill the lock with glue so that the owner cannot get home. In the worst case scenario, they may hire muscular, unattractive guys to have a “serious conversation” with borrowers.

The citizen is protected: you must immediately contact the police with complaints. If the threats continue, you should contact the prosecutor's office. After this, collectors, if they seek to “extort” money from the debtor at any cost, will lag behind because they are engaged in illegal activities. They have no desire to clash with higher authorities. It is worth remembering that the statute of limitations for debt collection is not related to the transfer of data to collectors. This is how the bank seeks to speed up the return of money to itself, but does not contact the borrower directly.

Video: is there a statute of limitations on loans?