Pay off debt.  How to pay off debt on loans - instructions for your financial independence.  Pros and cons

Pay off debt. How to pay off debt on loans - instructions for your financial independence. Pros and cons

In a situation where the managing organization issues penalties to the overdue debtor, it is necessary to be guided by clause 2 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 20 N 141. This clause explains that Art. 319 of the Civil Code of the Russian Federation does not regulate relations related to holding the debtor liable for breach of obligation, but determines the procedure for fulfilling the monetary obligation that the debtor assumed when concluding the contract. When applying Art. 319 of the Civil Code of the Russian Federation, one should proceed from the fact that interest repaid earlier than the principal amount of the debt means interest for the use of funds payable under a monetary obligation (in particular, interest for the use of the amount of a loan, credit, prepayment advance, etc. The terms of the management agreement apartment building, according to which the execution by the debtor of a monetary obligation is not in full, the requirements for the payment of penalties are repaid before the amount of the principal debt, contradicts the meaning of Art. 319 of the Civil Code of the Russian Federation and is void (Article 168 of the Civil Code of the Russian Federation). Interest for non-fulfillment or delay in the fulfillment of a monetary obligation, provided for in Art. 395 of the Civil Code of the Russian Federation, are repaid after the amount of the principal debt.

Monetary disputes between tenants and management companies have been and, it seems, will always be. Statistics tells us sad news: every third inhabitant of our country delays or does not pay rent at all. It is strange that among the debtors a good half of the people are considered to be quite wealthy people who have a regular income. And only a quarter of the total number of non-payers are low-income strata of the population.

Ways to avoid paying interest on rent

In case of late payment of consumed utilities companies that provide them can bill the debtor a significant amount by adding a penalty to the debt, so how not to pay interest on rent will be discussed in this material. In order to pay bills on time and in full, resource supply companies use various levers of influence on non-payers. One of these methods is the accrual of penalties in respect of debtors, in other words, penalties. The accrual of interest is absolutely legal and consistent with the norms Housing Code RF, however, the amount of the penalty can be reduced, or even not paid at all in the same legal ways.

How to pay off a large debt for an apartment in installments and without penalty

And also not in the best way will affect the tenant's wallet in the future. Yes, such a scenario is possible in one of two cases: If an appropriate agreement has been previously concluded between the electricity supplier and its consumer. If serious violations of obligations were committed by the consumer of electricity. For example, non-contractual or unmetered consumption of electricity, as well as the lack of payment of bills.

Calculation of interest on rent debt

In practice, very often supplier companies submit an application to the court and receive a court order to recover the amount of the debt. This procedure differs from the process of consideration of the case on the basis of the statement of claim, since in this case the court does not schedule a court session and does not send a notice to the debtor. Instead, the court provides the applicant with a court order to recover the amount of the debt on the basis of the documents presented.

The sequence of repayment of penalties and principal debt on rent

The court rejected the creditor's arguments that the term of the agreement on the priority repayment of claims for the payment of a penalty, and not the principal debt, was included in the agreement by mutual agreement of the parties, which corresponds to Art. 421 of the Civil Code of the Russian Federation and the current legislation, which does not prohibit the parties to the agreement from establishing a convenient procedure for the distribution of the amounts received. The arbitrators emphasized that by agreement of the parties, the procedure for repaying only those claims that are named in Art. 319 of the Civil Code of the Russian Federation.

How can you avoid paying interest on rent?

The sequence of repayment of claims for any monetary obligations is carefully spelled out in article 319 of the Civil Code. In particular, this rule indicates that the amount of the payment made, which is not enough to fulfill the existing monetary obligation in full, in the absence of any other agreement, first of all, repays the creditor's costs associated with obtaining the performance, after which the interest and only then the principal amount of the debt is paid off.

Accrual of interest on rent arrears

It turns out that in January you did not pay extra 100 rubles. the penalty is charged from the 26th. for January, the penalty = 100 rubles * 0.0007 * 7 days = 0.49 rubles. . in February 100 * 0.0007 * 24 days = 1.68 rubles, the February amount of 600 rubles is added. from February 26, it turns out (100 + 600) rubles * 0.0007 * 4 days = 1.96 rubles. After payment on March 1, the debt amounted to 300 rubles. penalty for March = 300 * 0.0007 * 24 days = 5.04 rubles. . debt after March 25 100 rubles. penalty for March 100 * 0.007 * 7 days \u003d 0.49 rubles. On April 1, there was a debt of 100 rubles. + the amount of penalty 7.98 rubles. total amount debt 107.98 rubles.

Delay in payment for housing and communal services: how penalties are calculated, how to find out the debt

  • the cut-off date for payment for these services - 10th of every month(or the period established by the agreement) - paragraph 1 of Article 155 of the RF LC;
  • make changes to the boundary, for payment, dates on general meeting apartment building owners- paragraph 1 article 162 of the LC RF.

How not to pay interest on rent

Good afternoon! Penalty charged for non-payment of rent. Penalties are fully repaid and the rent debt is partially repaid monthly, but penalties continue to accrue on the outstanding part. Is this legal, after all, I heard that it is enough to pay even 1 ruble for an apartment so that penalties are not charged. Thank you.

Accrual of penalties for late payment of rent

  1. Amount overdue is a debt that has not been paid on time.
  2. Total Days - The number of days the tenant has not paid the debt. The first day is the day the debt is accrued, the last day is the day the debt is paid.
  3. 0.003% - part of the entire refinancing rate of the Central Bank of the Russian Federation.
  4. The refinancing rate is the rate that was valid at the time the debt was incurred and repaid.

How will the accrual of penalties for late utility payments change in 2019

Usually the first action is to turn off the light in an apartment, a private house or an entire building. There are frequent cases when, after a visit by an electrician and cutting wires, residents arbitrarily connect. Such actions are a violation of not only the current legislation, but also safety precautions. Therefore, amendments to the law significantly increased the penalties for such arbitrariness.

Debt for payment of utility bills

a little lower, data on energy sales are printed, so there both accrual and debt (and a bunch of other things) are printed, but there is no such thing for rent. I don’t remember something about electricity. In general, if you also indicate accruals in the receipt, then the printout would take several meters. After all, you need to indicate for each service how much is charged + then you need to indicate the amount of the debt, and it can be different (I can pay for major repairs in January, and for heating until May). There are still benefits and subsidies In general, you should not shove all the information into a payment receipt - ask for an extended statement. If I’m not mistaken, in Decree 307 of the Government there are requirements for a receipt for payment of housing and communal services, and so there are no requirements for indicating charges for services in the receipt

How to cover rent debt with interest

The procedure and conditions for granting a deferment or installment payment for utility services (including repayment of debts for utility bills) ... ARE AGREED BY THE CONSUMER AND THE CONTRACTOR.» If the house management company refuses the installment plan, or if its conditions are unacceptable (impossible) for you, demand a written refusal from it. With this refusal, apply to the court so that the court obliges the Criminal Code to comply with the above Rules, taking into account your capabilities.

What to do if there is nothing to pay a large debt for an apartment

Where to find out the exact amount The debtor can find out about the amount of his overdue obligations by personally contacting the representatives of the managing organization. This method is considered to be one of the most optimal, and this is due to the following features:

Do you have a lot of debt? Do you want to pay off your debts and feel free? Do you find it difficult or even impossible to pay off all your debts? This article will tell you how to develop a strategy for paying off debt and how to manage it.

Steps

Part 1

Create a plan
    • Credit card debt, car loans, and mortgages form the backbone of most people's debts. Add up these debts to determine your total debt.
  1. Sort your debts according to their importance. First, identify the loans with the highest interest rates.

    • An outstanding loan with a high interest rate increases much faster over time than other loans. Therefore, you first need to focus on repaying a loan with a high interest rate; otherwise, it will be more difficult for you to pay it off.
  2. Develop a debt repayment plan. Think and find the most efficient way to repay your loans.

    • If the interest on one of the loans is higher than on the others, pay off that loan first. For other debts, pay the minimum possible amount. AT financial sector this is called “building a ladder”, which allows you to manage your debts in the most efficient way.
    • If a interest rates your loans are about the same, pay off the smallest loan first (“inverted ladder”). This will allow you to reduce your total debt faster and trust that you can get rid of them.
  3. . By learning to spend less and save more, you can pay off debt faster.

    • Cut food costs. Do not eat in cafes and restaurants, buy cheap products and learn how to cook large meals. And remember that homemade food is much healthier than eating at fast food restaurants.
    • Cut back on entertainment spending. Do you really need cable TV? Is it obligatory to visit nightclubs and restaurants? Find ways to have a cheap time.
  4. direct additional income to pay off debts. Earn more than usual this week? You can go to a nightclub or pay off some of the debt. Got an award? You can buy a bunch of gifts or pay off a loan. If you want to be free from the burden of debt, be stricter with yourself. Don't let yourself spend money on things you don't really need.

    Set aside money. If your income exceeds your expenses, save for emergencies and other expenses that could land you in debt.

    • Think of a savings goal. Even if it's only a few thousand dollars, you'll learn how to save money instead of wasting it. Get in the habit of saving instead of spending.
  5. If you qualify for a tax refund, take advantage of it and use the funds received to pay off your debts. Don't think you'll get rich with tax refunds, but even this money will help you reduce your debt burden.

Part 3

How not to get into debt

    Change your behavior. If you want to get out of debt, don't spend money on unimportant things and don't buy things you can't afford. If you can't pay for something in cash, you don't need it.

    • Being free from debt does not mean being a miser. If you want to spend some money, do it. But make sure your expenses don't exceed your income and that you don't get into more debt.
  1. Make savings. From every paycheck, set aside money for essentials (food, utility bills, etc.) and other expenses, and use the remaining funds to save. It is important that you are able to buy what you want without going into debt.

    Live within your means. Many people get into debt because they think they deserve a certain quality of life (status). They buy expensive cars, jewelry and go to expensive resorts, and then pay off debts all their lives. Learn to be content with what you have. Think about the fact that you live on your own means and that you should not give someone a part of them.

    Lead a healthy lifestyle. Debts for treatment can shake the financial condition of even well-to-do people. Eat well and exercise to avoid debt for expensive medical treatment.

  2. Once you've paid off your debts, don't accumulate them. If you want to buy something, take out a loan and start paying it off without delay. After paying off the debt, you can take another loan (but not before!).

  • Avoid credit cards! Seriously! The easiest way to avoid debt is to never buy anything on credit. If you are absolutely convinced that you need a credit card (to "help" earn credit history), use the card only for those purchases that you could buy without a credit card with the funds available to you. Pay the full amount on your credit card every month. Do not leave any unpaid balance on which interest will begin to accrue, and in no case be late in payments, for which you will be charged an additional fee. All these expenses are absolutely unnecessary. So you can earn yourself a good credit history without debt.
  • Cook at home. You can save on food and eat healthier.
  • Spend as little as possible.
  • Use discount coupons and stock up (when you see some of the staples on sale) to stay on budget.
  • Create an expense budget. Plan in advance how you are going to spend your salary.
  • Find a hobby that doesn't require money.
  • Save, find additional sources of income, and try not to spend more than you earn. This will help you get out of debt faster.
  • Buy limited-use items (sports equipment, home and leisure goods, school supplies) and items your kids will quickly outgrow through bulletin boards. You can also find ads for the exchange of similar things.
  • To spend less on gas, walk, ride a bike or skateboard.

Warnings

  • Don't be under the illusion that by flaunting your affluent lifestyle in your younger years, you can become richer and find affluent friends. No one cares about your acquisitions, and if it is important to them, then they themselves are insecure. If you love beautiful things, buy the ones you really need and pay cash.

In case of delay in payment of utilities, the management company has the right to charge the tenant a penalty. If the tenant does not pay off his debt (for rent and penalties) in full, the question arises: what is closed first - the amount of the principal debt or the penalty? Can the order of repayment of monetary claims management company to the tenant in the manner prescribed by the agreement, even if the purpose of the payment is expressly indicated by the tenant in payment document?

Duty to pay a penalty

According to paragraph 14 of Art. 155 ZhK RF persons who late and (or) not fully paid the payment for housing and utilities (debtors) are obliged to pay to the creditor a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, the current at the time of payment , from amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual payment inclusive. An increase in the amount of fines provided for by this norm is not allowed.

AT subparagraph "a" of paragraph 50 of the Rules for the provision of public services states that the contractor has the right to demand payment for consumed utilities, and also (in cases established by federal laws and contract) payment of penalties (fines, penalties). AT subparagraph "h" paragraph 52 The rules say: the consumer is obliged to pay utility bills in a timely manner and in full. In case of failure to pay this fee within the prescribed period, the consumer pays a penalty fee to the contractor in the amount established by the Housing Code of the Russian Federation, which does not exempt the consumer from paying utility bills. Paragraph 78 rules fixed: persons who untimely and (or) not fully paid utility bills (debtors) are required to pay a fine to the contractor in the amount established paragraph 14 of Art. 155 ZhK RF.

By virtue of clause 39 of the Rules for the provision of public services the amount of penalties (fines, penalties) for violation by the consumer of the terms of the contract, calculated in accordance with federal laws and the contract, is indicated by the contractor in a separate document sent to the consumer within five business days. The situation when the managing organization includes the amount of the penalty fee in the payment document for the month following the unpaid one, without waiting for the debt to be repaid, does not comply with the provisions of the law, since the refinancing rate that is valid at the time of making the payment is used in the calculation of the penalty fee. To calculate the amount of interest, you must set the delay period. Its beginning falls on the stipulated due date for payment. According to paragraph 1 of Art. 155 ZhK RF this is the 10th day of the month following the expired one, a different period may be established by the management agreement. The end of the delay period is the day the debt is actually paid.

Note:

In the new Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings regarding the payment of penalties (fines, penalties) contains provisions similar to the previous ones. They are enshrined in paragraphs. "a" p. 32, pp. "and" p. 34 and p. 159 of the named document.

The concept of a penalty

Let's turn to Art. 330 of the Civil Code of the Russian Federation: a penalty (fine, penalty interest) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation (in particular, in case of delay in performance). Upon a demand for the payment of a penalty, the creditor is not obliged to prove the infliction of losses to him. According to p. 1, 2 art. 332 of the Civil Code of the Russian Federation he has the right to demand payment of a penalty determined by law (lawful penalty), regardless of whether the obligation to pay it is provided for by agreement of the parties. The amount of the legal penalty may be increased by agreement of the parties, unless the law prohibits it. The amount of the penalty for late or incomplete payment of utility bills cannot be increased, which is expressly provided for paragraph 14 of Art. 155 ZhK RF.

The sequence of repayment of the main and additional claims of the creditor

The sequence of repayment of claims under a monetary obligation is prescribed in Art. 319 of the Civil Code of the Russian Federation. This rule says: the amount of the payment made, insufficient to fulfill the monetary obligation in full, in the absence of another agreement, first of all, repays the creditor's costs of obtaining the performance, then interest, and in the remainder - the principal amount of the debt.

As explained by the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court in clause 11 of the Decree of 08.10.1998 No. 13/14, when applied Art. 319 of the Civil Code of the Russian Federation it should be assumed that interest repaid before the principal amount of the debt means interest for the use of funds payable under a monetary obligation (in particular, interest for the use of the amount of a loan, credit, advance payment, prepayment, etc.). Interest for non-fulfillment or delay in the fulfillment of a monetary obligation, provided for Art. 395 of the Civil Code of the Russian Federation are repaid after the principal amount.

Recommendations for the application of the provisions Art. 319 of the Civil Code of the Russian Federation also set out in Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 20, 2010 No. 141(Further - Information mail). AT paragraph 1 of this letter, it is clarified that the costs of the creditor in obtaining performance are understood, for example, as payments that the creditor is obliged to make in connection with enforcement his claim against the debtor (in particular, the amount of the state duty paid by the creditor), and under interest - interest on the use of funds payable on a monetary obligation , including interest on the use of the amount of the loan, credit, advance payment, prepayment ( Art. 809 of the Civil Code of the Russian Federation). The Presidium of the Supreme Arbitration Court noted that Art. 319 of the Civil Code of the Russian Federation aimed, among other things, at protecting the interests of the creditor in a monetary obligation, therefore indication by the debtor in the payment document of the purpose of the amount paid by him (for example, the return of the principal amount of the debt on loan agreement) in itself does not matter when determining the procedure for repaying its obligations to the creditor, which is carried out according to the rules Art. 319 of the Civil Code of the Russian Federation.

However, in a situation where the managing organization issues penalties to the overdue debtor, it is necessary to be guided by clause 2 of the Information Letter. This paragraph explains that Art. 319 of the Civil Code of the Russian Federation does not regulate relationships related to bringing the debtor to liability for breach of obligation (ch. 25 of the Civil Code of the Russian Federation), but defines procedure for fulfilling a financial obligation assumed by the debtor at the conclusion of the contract. By agreement of the parties, the procedure for repayment of only those claims that are named in Art. 319 of the Civil Code of the Russian Federation(for example, the parties may establish that if the payment is insufficient, the debtor's obligation to pay interest is extinguished after the principal amount of the debt). An agreement providing that if the debtor does not fulfill a monetary obligation in full, the requirement to pay a penalty, interest, provided for Art. 395 of the Civil Code of the Russian Federation Art. 319 of the Civil Code of the Russian Federation, is contrary to the meaning of this article and is void ( Art. 168 of the Civil Code of the Russian Federation).

The Presidium of the Supreme Arbitration Court clarified: requirements creditor for payment of a penalty , interest for the use of other people's funds ( Art. 395 of the Civil Code of the Russian Federation), as well as other monetary claims related to the application of measures of civil liability, may be voluntarily satisfied by the debtor both before and after satisfaction of the creditor's claims specified in Art. 319 of the Civil Code of the Russian Federation. Regulations Art. 319 of the Civil Code of the Russian Federation are not an obstacle for the creditor to bring a claim to the court for the recovery of a penalty or interest from the debtor for the use of other people's funds until the principal amount of the debt is repaid.

AT paragraph 3 of the Information Letter it is said: if the creditor incorrectly applied the provisions Art. 319 of the Civil Code of the Russian Federation, the debtor, in particular, has the right to raise appropriate objections when the court considers the claim of the creditor for the recovery Money on claims against the debtor (for example, on a claim for the collection of interest and principal).

Arbitration practice

For a more complete coverage of the issue, we invite readers to familiarize themselves with the conclusions of arbitration practice.
AT Determination of the Supreme Arbitration Court of the Russian Federation of September 30, 2010 No. VAC-12907/10 the conclusion is made: the dispositive construction of Art. 319 of the Civil Code of the Russian Federation implies the possibility for the parties to change the procedure for repaying claims established by the framework of this article. The creditor is not entitled to provide in the contract for the direction of funds received from the debtor primarily for the repayment of forfeits, since the forfeit in its legal nature does not apply to financial obligations , but is a sanction (measure of responsibility) for improper performance of a monetary obligation.

FAS MO in Decree No. KG-A40/5204 11 dated June 23, 2011 notes: Art. 319 of the Civil Code of the Russian Federation the procedure for the fulfillment of a monetary obligation is established, but it does not indicate the sequence of payment of monetary amounts charged in case of violation of a monetary obligation (fine interest, penalty, losses), it does not regulate relations arising from late payment, including relations arising from the payment of a penalty or interest accrued on Art. 395 of the Civil Code of the Russian Federation. According to Art. 319 of the Civil Code of the Russian Federation and the recommendations of the Presidium of the Supreme Arbitration Court given in information letter, by agreement of the parties, the procedure for repayment of only those claims that are named in Art. 319 of the Civil Code of the Russian Federation(for example, the parties may establish that if the payment is insufficient, the debtor's obligation to pay interest is extinguished after the principal amount of the debt). The creditor does not have the right to provide in the contract for the direction of funds received from the debtor primarily to pay off the penalty, since by its legal nature it does not relate to a monetary obligation, but is a sanction (measure of responsibility) for improper performance of a monetary obligation. An agreement providing that if the debtor does not fulfill a monetary obligation in full, the demand for payment of a penalty, interest, established Art. 395 of the Civil Code of the Russian Federation, or other claims related to the breach of obligation shall be extinguished before the claims named in Art. 319 of the Civil Code of the Russian Federation, is contrary to the meaning of this article and is void in accordance with Art. 168 of the Civil Code of the Russian Federation. Similar conclusions were made in the decisions of the Federal Antimonopoly Service of the Higher Security Council dated June 15, 2011 No. A19-15136 / 10, the Eighteenth Arbitration Court of Appeal dated May 6, 2011 No. 18AP-3634 / 2011. AT Decree of March 17, 2011 No. 17AP-1276/2011 GK Seventeenth Arbitration Court of Appeal, based on Clause 11 of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 13, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 dated 08.10.1998, came to the conclusion that interest, which is a measure of civil liability, is repaid after the amount of the principal debt. AT Decree No. А45-19192/2010 dated May 23, 2011 FAS ZSO indicated that the priority attribution of the payment amount to the repayment of the penalty is contrary to Art. 319, 329 and 330 of the Civil Code of the Russian Federation, depriving the penalty, which is an accessory obligation, of its security nature, and, in addition, prevents the fulfillment of basic obligations (for example, the return of the principal debt) and artificially increases both the debtor's debt and his liability under the contract. Eighth Arbitration Court of Appeal Decree No. A81-3293/2010 dated May 25, 2011 noted: by agreement of the parties within the meaning Art. 319 of the Civil Code of the Russian Federation the order of repayment of the debt can be established, and not the penalty, which is a security obligation. The provisions of this article do not provide for the repayment of the penalty before the repayment of the principal debt.

First Arbitration Court of Appeal in Decree No. А43-29067/2010 of May 17, 2011 clarified: given that the penalty (fine, penalty) due to Art. 329 of the Civil Code of the Russian Federation is a way to ensure the fulfillment of an obligation and is applied when a party violates an obligation; it cannot be repaid earlier than the principal debt. Eighth Arbitration Court of Appeal Decree No. А81-3293/2010 dated April 20, 2011 indicated the following. Article 319 of the Civil Code of the Russian Federation an exhaustive list of monetary obligations has been established, the order of repayment of which can be changed by agreement of the parties, and the legislator does not include a penalty as a means of ensuring the fulfillment of the main obligation in this list.

It cannot be repaid before the principal debt. FAS PO in Decree No. А55-36374/2009 of October 19, 2010 concluded that it makes sense Art. 319 of the Civil Code of the Russian Federation we are talking about the amount of the monetary obligation as a whole, that is, the principal amount of the debt that the debtor is obliged to repay to the creditor, and additional - in the form of payment for the use of borrowed funds, as well as the expenses of the creditor to receive the debt due to the creditor in the normal development of the legal relationship, then exists in the absence of violation. Interest repaid before the principal amount of the debt means interest for the use of funds payable under a monetary obligation (in particular, interest for the use of the amount of a loan, credit, advance payment, prepayment). By virtue of Art. 330 of the Civil Code of the Russian Federation together with Art. 393, 394 of the Civil Code of the Russian Federation a penalty is a measure of property liability applied for the very fact of non-fulfillment or improper fulfillment of an obligation by the debtor, which excludes the application of provisions to the penalty Art. 319 of the Civil Code of the Russian Federation. Seventh Arbitration Court of Appeal Decree of March 16, 2011 No. 07A P-1094/11 (A45-19192/2010) citing at st. 319 of the Civil Code of the Russian Federation and Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 noted: the norms of the current legislation do not provide for the possibility of repaying the penalty before repayment of the principal debt, the terms of the contract otherwise are void. Since the creditor unlawfully repaid penalties from the payment received, and not the principal debt, as it should have done, the court recalculated the amount of the principal debt of the debtor.

The court rejected the creditor's arguments that the term of the agreement on the priority repayment of claims for the payment of a penalty, and not the principal debt, was included in the agreement by mutual agreement of the parties, which corresponds to Art. 421 of the Civil Code of the Russian Federation and the current legislation, which does not prohibit the parties to the agreement from establishing a convenient procedure for the distribution of the amounts received. The arbitrators emphasized that by agreement of the parties, the procedure for repaying only those claims that are named in Art. 319 of the Civil Code of the Russian Federation.

An agreement providing that if the debtor does not fulfill a monetary obligation in full, the claims for the payment of a penalty are paid off earlier than the claims named in Art. 319 of the Civil Code of the Russian Federation, is contrary to the meaning of this article and is void. At the same time, the indication in the payment document of the purpose of payment - “payment of penalties” - does not give the creditor the right to set off the amounts received in violation of the procedure provided for Art. 319 of the Civil Code of the Russian Federation. However, please note that the FAS UO in Decree of 09.03.2011 No. F09-7968 / 10 C3, considering a dispute regarding the illegality of the distribution of funds received by the creditor from the debtor, in the manner stipulated by the agreement(first of all, penalties were paid off, and then - the amount of the principal debt), noted the following. Defendant's objections concern the distribution of amounts previously paid by him voluntarily in the manner prescribed by the contract . Taking into account the principle of stability of contractual relations and the circumstances established in the case, there are no grounds for changing the procedure for calculating these amounts and invalidating the actions of the creditor to offset the money paid against the penalty. After all, according to information letter the creditor's claims for the payment of a penalty may be voluntarily satisfied by the debtor both before and after satisfaction of the creditor's claims specified in the Art. 319 of the Civil Code of the Russian Federation. As you can see, opinions arbitration courts disagreed on the question of the voluntary actions of the debtor, who had no objections to the order of repayment of the creditor's claims established by agreement of the parties and, perhaps, even put the mark "payment of penalties" in the purpose of payment. We believe that uniformity in the interpretation of the norms of law by the courts in this case can be achieved only after receiving the appropriate explanations from the supreme arbitrators.

Penalty provided for paragraph 14 of Art. 155 of the Civil Code of the Russian Federation, constitutes a legal penalty. According to Art. 319 of the Civil Code of the Russian Federation the amount of the payment made, insufficient to fulfill the monetary obligation in full, in the absence of another agreement, first of all, repays the costs of the creditor for obtaining the performance, then - interest, and in the remainder - the principal amount of the debt.

This rule does not apply to damages. The condition of the apartment building management agreement, according to which, if the debtor does not fully fulfill the monetary obligation, the requirements for the payment of penalties are repaid earlier than the amount of the principal debt, contradicts the meaning Art. 319 of the Civil Code of the Russian Federation and is null ( Art. 168 of the Civil Code of the Russian Federation). Meanwhile, the requirements of the managing organization for the payment of penalties can be voluntarily satisfied by the debtor both before and after repayment of the principal debt.

Many families found themselves in an unenviable situation: an unstable economic situation, political crises "gobbled up" the already low income of citizens. The question became more acute: how to pay off debts on loans in this difficult situation.

Redemption credit debts feasible task!

The way of living "on credit" borrowed from the West is often too burdensome for our people: our salaries are much lower, interest rates are disproportionately higher than in civilized countries.

The people living there have everything: cars, houses, education, paid for with credit. Is this way of life suitable for our people?

Ways to repay loans

Usually debentures accompanied by loss of funds, delay the moment financial independence. Accordingly, it is simply necessary to quickly pay off debts!


Let's take a look at repayment options. credit debt. Can:

  1. Borrow again (relatives, friends). Pros: Possible savings on interest. Cons: the problem remains, one debt creates another. Relationships often deteriorate (a possible exception is relatives who give for free, who want to help disinterestedly or an interest-free loan that allows you to save money);
  2. Another loan (3rd party bank with lower interest). Pros: same. Cons: postpones the solution of the problem indefinitely;
  3. Ask the creditor to delay (reduce) monthly payment, credit holidays. Pros: a positive answer is possible even banking structure(a convincing argument of the applicant is required), gaining time (taking into account further competent budget planning).
  4. Find a side job. Pros: a real opportunity to pay off debt faster. Cons: lack of free time, difficulties in finding such a job;
  5. Sale of unwanted items. Pros: almost everyone has extra unused things (make an audit). Cons: lack of time, inability to complete the transaction, additional costs (for example, paid advertising)

If you have more options, write comments, we will add interesting ideas to the list.
Conclusion: the task of paying off debts on loans is not easy, it requires purposeful actions, accurate calculations, if the family is very limited in funds. It is important to focus on paying off the debt, avoiding further borrowing.

My views were influenced by the lectures of the experienced economist Larisa Petrova, well-known in her circles. Working in the profession all her adult life, Larisa came to the conclusion that despite her knowledge and experience, by the age of 45 her personal financial situation still leaves much to be desired. Attempts to build their own business plunged into large debts. Therefore, I had to rise not from scratch, but with a big financial disadvantage. Its result: in 5 years, complete stabilization, growth of fortune, stable financial position. It is she who claims that you need to pay yourself first of all under any circumstances.

A strategy for how to pay off debts on loans that you already have:

  1. We pay ourselves 10% (you need to save a tenth of all your income, so the amount will begin to accumulate, guaranteeing a calm and secure future). The tactic of 10% to itself has a strong psychological side: a person gains confidence in the future, knowing that he has a certain amount of money. Less worried about the future;
  2. We allocate the monthly loan repayment amount by reviewing the expense items. It is necessary to reduce spending, in which there is no urgent need;
  3. We plan to spend the rest according to our personal plan.

The question may arise: why pay yourself, because the repayment of the loan is paramount? Paying it off as soon as possible will save you money on interest. In this case, having paid off the debt, go to zero. Again, complete absence. free funds. When you urgently need money, you will be forced to apply for a new loan!

Is any credit bad?

Initially, loans should be distinguished:

  1. consumer;
  2. creating assets.

Momentary desires enslave us. Banks vying offer the opportunity to get what you want immediately. It should be remembered: the bank was created to make a profit. Interest-free loan, installment plan? There is already a profit, contained in the cost of goods.

Don't be a slave to your own desires

There is an alternative - to plan a purchase, determine the time of receipt of what you want, start postponing purposefully.
Do you want to open your own business using credit money, create an asset that generates income? Well, subject to sparing interest, a clear plan that realistically assesses the degree of risk (it is better to calculate several options, even undesirable ones). The hope of getting rich by investing absolutely all available funds is akin to playing roulette. After all, it is impossible to beat the casino. This situation can contribute to unplanned losses.

With money set aside, you can help yourself in an emergency by playing the role of a personal banker. The intended purpose of the above money is to create a "safety cushion" (funds that allow you to live for three to six months without working). In parallel, a lifesaver (mandatory condition: return back). This loan will be interest free.

Sobriety and calculation are the best advisers

The classic recommendation is to create a separate bank account that keeps savings (deposit). It is supposed to save funds from inflation by accruing interest by the bank. However, there is a downside to this coin: the unstable operation of banks, economic and political dependence.

I invite readers who have an airbag to share options for saving money. Interested in any experience, especially positive. Do you agree with the recommendations on how to pay off debts on loans?