Last updated February 2019
When you take out a loan, you are obligated to repay it. Any obligations imply the presence of sanctions that can be applied in case of non-fulfilment. Credit will not be an exception. In our article, we will fully answer the specific question of what threatens non-payment of the loan.
To begin with, let's highlight the points of possible penalties for non-payment of the loan:
Prior to the imposition of sanctions, the creditor may take the following measures:
Let's take a closer look at specific examples.
Due to various life circumstances, your financial situation may change. If at the time of applying for a loan you were sure that you could repay it, then over time your income may decrease or cease to be constant. This is evidenced even by banking monitoring data: 11% of those who take a loan in the whole of the Russian Federation cannot repay it on time (see).
Consider this situation: you were fired from your job, and you are in search of it. Because of this, for a month or two you are unable to deposit the required amount. What does the bank do? Of course, instantly responds to the first delay. The date of making each next payment is stipulated by the schedule, which is drawn up at the time of granting the loan. If no money is received after this date, the bank contacts the client. It could be:
The purpose of these actions is to find out why the client does not fulfill obligations: whether there are good reasons or not, and such behavior is explained by irresponsibility and malicious intent.
By itself, a temporary non-payment of a loan to a bank for several months (as practice shows - up to 3 months) will not entail serious consequences for you, but this is only on condition that you “calm down” the bank and make contact with it in every possible way.
Advice: if you know that you will not be able to pay the loan for several months, it is better to voluntarily come to the bank and declare it. Many banks make concessions to such clients, especially if your financial difficulties are caused by a temporary loss of work, illness, departure, etc. You can change the payment schedule, provide a deferment, change interest rate etc.
There is no exact definition of “malicious non-payer” in the legislation. Maliciousness is determined neither by the specific characteristics of the debtor, nor by the time frame of the debt itself. Bank employees begin to consider the debtor malicious if he does not repay the loan for several months and at the same time avoids communicating with the creditor, that is, does not pick up the phone, does not work at the same place of work, etc.
If you are also classified as "malicious", events can unfold as follows:
In most cases, collectors behave not quite correctly, but frankly, they are simply obsessive, arrogant, not afraid to break the law. But no one is allowed to violate your rights (even if you are a debtor), and therefore in this case the law will be entirely on your side.
All that collectors have the right to do in relation to you is:
They do not have the right to threaten, intimidate, blackmail, call and write from 22.00 to 8.00 on weekdays and from 20.00 to 9.00 on weekends - too. Such actions are regarded as abuse of rights. They can be filed with the police or with a complaint to the prosecutor's office. If the collectors do not exceed the permitted measures of influence, answer their calls, communicate in a calm and confident tone.
Most likely you will be asked questions like “do you know that you are in arrears on the loan payment?”, “what is the reason for it?”, “when can you pay the amount?” and the like. Let them know, let them know how it is.
If they try to mislead you and say that they will put you in jail and so on and so forth, if you don’t pay the debt tomorrow, then explain that you have a thorough knowledge of the law, and such an outcome of the case is excluded (see).
All that collectors can count on is a voluntary payment of a loan on your part. The punishment for non-payment of the loan is competent to appoint only the court, but not the collection company. Until the case goes to trial, it could be a long time.
Art. 177 of the Criminal Code of the Russian Federation establishes criminal liability for non-payment of a loan. But arbitrage practice has in its arsenal a single case of its use. This is explained by the fact that the amount of debt must exceed 1,500,000 rubles, and evasion must be malicious.
If, nevertheless, such conditions take place, and the bank has sued for non-payment of the loan, then you may be given the following punishment:
It depends solely on the decision of the court whether they will be put in jail for non-payment of the loan. As you can see, for such a crime, if it is proven, you can assign any of the five types of punishment to choose from (and this will not necessarily be imprisonment, since this is usually a last resort). But still, you must remember that you can go to jail for non-payment of a loan, and therefore you should not take the problem lightly.
Seizure of property is possible in some cases. For example, if you took a loan secured by collateral, then the litigation for the lender will be much simpler. He will send a claim directly to the court for the sale of collateral (see).
Let's say your car was your collateral. So the court to consider the claim from the bank will seize her. You can no longer sell or hide it. And if you try, it will be equated with malicious evasion, which will entail criminal liability.
Having a court decision in hand, the bailiffs will come to describe it, and after the inventory, they will sell the car under the hammer. The proceeds will be used to pay off the debt. Moreover, if there are extra funds left, they will be returned to you. But even if there was no talk of a pledge at the time of signing loan agreement, then the property can still be arrested, when otherwise it is not possible to repay the debt.
Failure to pay the loan, if there is no property, will not be forgotten by the lender, you can not hope. After a court decision in favor of the bank, bailiffs will look for ways to pay off the debt:
Your salvation, if you do not want trouble, is direct contact with the creditor. You must:
Each borrower is personally responsible for his debt obligations with his own property. Although there are exceptions to this rule.
And then - most often in life, claims are made anyway to the borrower. If the case goes to court, it is unlikely that the guarantor will be forced to pay the debt. This is possible sooner if he voluntarily chooses to do so.
That is, the debts of your relatives can affect you in two cases:
If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.
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Loans are like cash loans, which are issued to people by credit institutions (often banks) with a small percentage of the "surcharge" in repayment. It sounds tempting, but when a person becomes a debtor with no way to repay, the smile disappears from his face.
What threatens non-payment of the loan to the bank, the borrowers have a bad idea. But in the absence of timely payment, law enforcement agencies can open a criminal case. All the features of the delay will be discussed below.
What are the consequences for the debtor if the loan is not paid?
An unpaid loan entails the following possible penalties:
The type of punishment depends on the actions of the borrower and his entire credit history. If the violator of the loan agreement refuses to repay the loan due to the lack of such an opportunity, the bank goes to court to collect the debt by seizing the property.
The loan debt is requested by bank employees as follows:
The presented sequence of actions of banks is practiced if the debtor refuses to repay the loan and accrued penalties. If the borrower makes contact and tries to pay off the debt, bank employees may suggest the implementation of some procedures.
Restructuring is offered only by those banks that are aimed at returning Money any legal means. The procedure is a recalculation of the monthly payment in accordance with the capabilities of the borrower. For example, the borrower does not refuse to repay the loan, but cannot pay the previously calculated amount. The debtor makes a preliminary calculation - reduce the amount of the monthly payment and increase the repayment period. Thus, the borrower has the opportunity to repay the loan by legal means while maintaining their own property and their freedom.
The advantage of the method lies in the possibility of repayment and not bringing the situation to court. The disadvantages include an increase in the amount of interest paid.
Restructuring often involves a revision of the lending program - the debtor may be offered options with reduced interest rates.
The Criminal Code of the Russian Federation provides for criminal liability for delay before the bank
The bank may act differently - transfer the debt to another bank. Such bank actions in case of non-payment are carried out in extreme cases and only at the suggestion of another credit institution - by the way, the borrower himself can offer it. The procedure is often carried out when the first bank refuses to restructure. Then the loan is transferred to another on the same terms for the borrower. Already after the transfer in the new bank, the debtor restructures or asks for a deferment, which new lenders are willing to do.
If you do not pay the loan and do not negotiate with bank employees, they go to court. These actions involve making a decision on the mandatory write-off of funds to pay the loan immediately from the borrower's salary.
A malicious defaulter is an indefinite person whose characteristics are described in the current legislation. The bank itself determines when the borrower can be considered a persistent defaulter. In most cases, this happens on the condition that there are no loan payments for several months, and the debtor himself refuses to communicate with bank employees.
In such situations, there are two effective ways return the money. The first legal way is to go to court. Of course, the court will be on the side of the bank and oblige the defendant to pay the entire loan amount with accrued penalties and fines. Payment will be made by compulsory payments from wages, or bailiffs will take over the case and seize the existing property.
The second way is illegal, but common at the moment. This is the sale of the case to collectors who buy debt for the amount of the principal on the loan. Further, they act illegally, "knocking out" the amount of debt from the debtor, followed by an increase in interest and other allowances.
Majority credit debtors do not even think about the fact that there is criminal liability for non-payment of the loan. And she is. Article 177 of the Criminal Code of the Russian Federation provides for criminal punishment for a delay in a loan to a bank. There is a condition here - total amount debt should be more than 1.5 million rubles. But this is no reason for debtors to rejoice.
If the court reveals malicious intent in the actions of the debtor, and also determines the absence of any possibility of debt repayment, the defendant may be convicted and then served in a colony. Similar decisions are also made in the event that the defendant has repeatedly been involved in court proceedings of a similar nature. The decision of the court may also be affected by a previously served criminal sentence on the fact of fraud or other illegal actions.
In order not to bring the case to court, loans should be approached with great responsibility.
Arrest of property - the most likely thing that could be for non-payment of a loan. If the loan was immediately issued on the security of real estate or a car, their withdrawal is the surest in the matter of what threatens for late repayment. "Attracting" collateral provides a potential borrower with more chances to receive funds from the bank in in large numbers. At the same time, in the absence of payments, the bank begins the procedure for the seizure of collateral real estate. As a rule, when making a deposit credit organizations lend up to 90% of its appraised value. Therefore, the actions of the bank are lawful, carried out without the involvement of the court and bailiffs.
But not everything is so easy in the arrest. If the collateral is a car, it is seized for a certain time. While the car is under arrest, it cannot be sold. It turns out that the bank deliberately brings the debtor into a dead end, since it prohibits the sale of a car to repay the loan. During the time allotted for arrest, additional penalties and fines are charged on the debt.
If real estate is the collateral, then it is also seized, but the apartment is taken away or a private house cannot, provided that this is the only housing of the debtor. The presence of registered minor children is not grounds for termination of arrest.
The situation is quite interesting, what threatens non-payment of the loan if the debtor does not have real estate. In this case, bank employees perform the following actions:
Loan debts will have to be repaid, no matter how the bank achieves this. Therefore, when applying for a loan, one should consider “retreat routes” in repaying the debt so as not to bring the case to criminal liability and serving a sentence in a colony.
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It happens that a person takes a loan from a bank and then, due to circumstances or simply out of unwillingness to pay, does not make monthly installments. In such situations, notifications from financial institution may follow each other to no avail. But at the same time, the person does not respond to warnings in any way. Bank representatives usually wait 60 days, during which they give the client the opportunity to pay off the overdue contributions without reminding them of the debt.
At the same time, many clients do not even think about what threatens the bank for non-payment of a loan.
Given the fact that various unforeseen situations can occur in life, a certain period is provided for solving the problems that have arisen. Two months is enough to somehow raise the required amount. After the expiration of the specified time, the organization has the right to apply to a collection company, and big problems await the malicious debtor. to such an extreme measure only in hopeless cases. Sometimes a visit to a financial institution and a conversation with the manager can provide another additional month of respite.
Much easier to negotiate with the bank. They will meet you halfway, they can rewrite the payment schedule in accordance with your wishes and explain what threatens the non-payment of the loan to the bank.
You can extend the loan, for example, for a year, then the amount of the monthly payment will be noticeably reduced. The bulk of overdue loans are consumer loans, the issuance of which was simplified as much as possible. Previously, banks did not file claims against small non-payers and sued mainly with legal entities. Now they are fighting for every overdue loan.
Each contract has clause 1 which provides for the payment by the borrower of the loan amount. It states that the client is responsible to the bank with collateral. It also spells out in detail what threatens for non-payment of the loan. However, paragraph 1 of Art. 333 of the Civil Code of the Russian Federation can help a person in a difficult situation to deal with fines and penalties.
If the situation is out of control, and the malicious defaulter simply does not respond to calls from the bank, employees of the collection company will visit him and very culturally explain how wrong the person is and what troubles his irresponsibility will bring him.
The main sanctions that can be expected in case of non-payment are spelled out in the loan agreement, and you should read this document very carefully before signing it. In case of temporary difficulties, a third party can pay the amount of the overdue contribution for the main debtor by presenting his passport to the bank employees.
So what is the risk for non-payment of the loan? The very next day after you miss the installment date, a fine of 0.01% of the principal amount of the loan is added to the total debt. It would seem that the percentage is ridiculous, but it is worth considering how much it is charged daily. It turns out that you have to pay a lot.
It should be noted that the defaulter does not face criminal liability. However, you can lose your property, by a court decision, it will go in favor of the bank. If you took mortgage, and you are in debt for more than 60 days, the management of the financial institution has the right to put your apartment up for auction. The principal amount will be used to pay off the debt on the loan. Litigation costs will also have to be paid to the debtor.
The collection company, having taken up the return of the debt, receives 50% of the amount from the bank, so the material interest makes the representatives of the company act very tough. It must be understood that non-payment of the loan will not go unpunished - the consequences can be very deplorable.
Acting within the law, collectors begin with the usual explanatory conversation on the topic of what threatens for non-payment of the loan.
Then their actions become more aggressive. According to the law, the firm that has taken over the debt can go to court. The property of a person who does not pay the debt will be described and sold at auction at minimum prices.
However, some collectors, in order to avoid legal red tape, begin to morally attack the debtor. Various methods are used: they annoy with calls, warnings, they can report to the place of work or go around all the neighbors with stories about your debt.
For a period of time, loans were issued on the basis of a simple application for a loan. No additional data was needed, but practice has shown that the bank needs to protect itself from loan defaults. So that the bulk of the funds do not "hang in the air", the management had to tighten the conditions for issuing loans.
Banks strictly classify debtors into two categories. The first is scammers who take loans on false documents and hide from representatives of the institution. They believe that it is possible not to repay the loan - they will not get anything for it. The second category is ordinary citizens who suddenly find themselves in difficult conditions. With all their desire, they are not able to pay the monthly amount. Often, such citizens turn (of course, not for free) to an anti-collection firm in order to avoid contact with their opponents, since communication with them does not bode well. So, it is quite clear that big problems turns into default on the loan. What threatens this and what can happen with the intervention of the judiciary?
If a force majeure situation arose and you overdue the loan payment, you should not hide from the bank. It is better to talk calmly with his representative, explain the situation and decide together how to proceed in the future. Sometimes a client can count on a short vacation. However, you should not take the deferment granted to you lightly - the amount must be paid, otherwise the bank will take extreme measures. Many debtors at first do not quite understand what non-payment of a loan is, what such a situation threatens and what consequences it can cause.
If your loan was secured by property, the bank has the right to demand its sale at the earliest short time. Representatives of the organization will judicial order seek an auction. You should not bring it to this, as your property will be sold at a minimum cost. And it’s not a fact that the proceeds will cover total debt with all its penalties and fines. If the court decides to tax, then the debtor only has living wage, and the rest of the money is automatically collected in favor of the bank to repay the loan.
The law allows a bank to transfer a disputed loan to collect a debt to another organization. He is obliged to notify the negligent client about this. Otherwise, the debtor may appeal this decision.
If the bank is convinced that the client is a fraudster, he may demand that law enforcement agencies initiate a criminal case on this fact. However, in this case, representatives financial and credit organization it is necessary to prove that such a fact took place.
The terms of the loan agreement monthly repayment principal debt with accrued interest in the form of equal payments.
Failure debt obligation can result in extremely unpleasant consequences for the borrower: debt collection through the courts, a description of the property, and even criminal liability.
The reasons for violation of the terms of the loan agreement can be very different: dismissal, unforeseen large purchases, severe financial situation etc.
In this case, a settlement agreement is concluded between the bank and the client: at the request of the borrower, a deferred payment is provided or the bank offers new lending conditions.
Debt collection is carried out in two stages:
If the borrower allows delays for a long time, the financial institution requires payment from the guarantors, or the bank files a lawsuit to recover the debt.
In case of target loan the situation is somewhat simplified: the property acquired with borrowed funds is sold, and the debt is repaid at the expense of the proceeds.
In order to pay off the debt, the pledged property (real estate, securities, precious metals, etc.).
The court may recover from the debtor the full or partial amount of the loan. After the court decision is made, the executive document is sent to the bailiff service.
Enforcement measures include:
The defendant in a claim for the recovery of debt may apply to the court for the appointment of a delay in the execution of the decision.
The reason for this may be objective reasons due to which the borrower's financial situation has worsened. Documents confirming such circumstances are attached to the application for a deferment.
One-time short delays threaten the borrower with fines, fines and penalties.
Failure to repay a loan may result in civil or criminal liability. Information on measures of financial responsibility is contained in the loan agreement. The law provides for two types of financial liability:
In case of delay, you should not hide from the bank and avoid contact with its employees.
Credit institutions are interested in the return of their own funds Therefore, for such situations, special programs for refinancing or restructuring a loan are provided.
This will avoid the accrual of fines and penalties and maintain a positive credit history.
If the debtor has financial resources, and he wants to pay off the debt, you need to contact the bank's security service.
In this department, you can agree with the employee to re-enter the payment schedule and not pay the resulting penalty. It is likely that the bank will go meet and partially write off penalties, subject to full repayment of the delay. Such an agreement is made in writing.
If the bank did not agree to write off the penalty, you can resolve the dispute in court.
In this case, you need to focus on the size of the penalty: several thousand can be safely paid, but if it is a large amount, the dispute should be resolved only through the courts.
The amount of penalties can be reduced by the court by more than 20 times.
In preparation for litigation with the bank you need:
The conclusion of a loan agreement with the bank (regardless of its amount) is an obligation requiring strict performance from the debtor. Long delays can result in the most negative consequences for the borrower, up to the arrest and sale of property to pay off the debt.
AT last years our fellow citizens increasingly began to experience difficulties with compliance with contractual conditions for lending. When servicing credit packages, insolvent citizens have conflicts, which are further resolved by bailiffs of the courts and employees from the collection department credit debt with subjects of physical and legal law. Therefore, before breaking the law, the borrower must remember that deliberate evasion of the timely repayment of debt is a huge step towards serious trouble.
At first, these may be persistent calls from "collectors", whose specialization allows the collection of debts from credit borrower. It is worth noting that the "collectors" are not interested in what needs it was. Polite calls from the lender, which should be understood not only as huge fines, but also as the possibility of going to jail. With all subsequent circumstances. Namely: with full or partial confiscation of the debtor's property.
First of all, the borrower should be aware that all types of threats promising the confiscation of movable and real estate without a court decision is impossible. Employees of the collection service can inform the borrower about the debt he has. Request a full refund of the previously issued loan. Otherwise financial institution has the right to sue the violator of credit obligations in court. Recall: the inventory and confiscation of property before the decision should not be carried out.
For the timely repayment of loan obligations, the guilty person may face criminal liability, provided that the borrower has filed a corresponding petition with the court. It is not worth ignoring the hearings, the right thing to do would be to immediately come to the meeting of the court and talk about the reasons for the problems with delays in payments. Having considered the submitted petition, the court has the right to make a settlement agreement between the borrower and the loan, allowing the latter to revise the terms of the loan.
If the borrower voluntarily refuses to pay, bailiffs a decision will be made on the mandatory form of a refund. After the verdict is passed, bailiffs enter the work, endowed with fairly broad powers. For example, they may be included in
office or home of the debtor, without first obtaining it without consent, having with him the appropriate permission. Attachment may be imposed on all types of property, including bank accounts, the debtor has been put on the wanted list, restrictions on leaving the country have been established in relation to him.
In practice, administrative forms of punishment for violators of credit obligations are also possible. Debtors should remember that the percentage of debt increases very quickly, it is becoming more and more difficult to pay off the bank. Over time, the debt may exceed the borrower's financial capacity. In such situations, the latter has the right to apply to the court with a request to reduce the penalty by the creditor.
If the court issued a demand for confiscation of property, it must be executed. In order to pay off credit debt, collectors can pick up and sell not only an apartment, but also a vehicle or expensive equipment.
