Trust bank and courts with it. Litigation with a bank for a borrower with a delay is not so scary

The court on a loan with a bank is waiting for everyone who systematically and for a long time evades payment on loan agreement. Loan programs greatly simplify the lives of citizens, providing an opportunity to purchase housing or pay for education. However, things do not always work out well in the process of repaying a loan. As a result, debt may arise, the application of fines by the creditor. An extreme case is when the bank sued to collect the debt. How to win a lawsuit with banks on a loan? We will talk about this in detail later, in addition, we will analyze in detail the judicial practice in courts with banks.

First steps in litigation

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

For the creditor, going to court is an extreme measure used when other options for resolving the dispute have not had an effect. Negative side for the bank - additional costs for conducting a lawsuit, preparing lawsuit documents, attending meetings by a representative. In the event of a loss, the plaintiff will not be able to recover the costs of filing a claim, and with a significant amount of claims, the price of the claim is quite high.

Considering that the plaintiffs are often interested in winning a lawsuit with banks on a loan, rather than dragging out the process, the defendant can count on a reduction in requirements and the possibility of obtaining an installment plan or writing off part of the debt. However, it is not necessary immediately after receiving the subpoena to agree with everything that the bank has to offer.

agenda

It is necessary to study the received document (agenda) - for its validity. The practice is such that often the creditor sends a similar form to the debtor in order to expedite the repayment of the debt. This subpoena for a loan with a bank must be:

• made "by hand" on a special form f. 31;
• have an imprint of a court stamp;
• the color of the impression paste is blue;
• have a number and date of compilation;
• contain information about the date, place and time of the meeting;
• signed by the clerk of the court;
• addressed to a specific person (full name indicated).

Additionally, you can check whether the bank has really filed a claim with the court and you are going to participate in the process, you can check on the website of the particular court specified in the summons. The search can be carried out by the details of the court summons: number, date and full name of the judge.

Is a representative needed?

If the creditor decided to collect the debt forcibly and the bank nevertheless filed a lawsuit against the borrower, then the question of the advisability of seeking help from a lawyer will be paramount. Involving a representative - a lawyer - to participate in the process has pros and cons. The main disadvantage is the payment for the services of a lawyer. Nevertheless, qualified legal assistance in Russia is not cheap. However, saving on the services of a representative often leads to a loss of the process. Civil litigation is difficult for the average person to master on their own.

The benefits of being a representative are:

• reduction of claims in most cases - minimization of final costs;
• taking advantage of opportunities to win;
• drafting and filing motions that positively affect the process for the defendant;
• reaching an agreement with the creditor - obtaining an installment plan;
• full protection of the interests of the defendant in court;
• comprehensive examination at the root of the issue, and not superficially.

Studying judicial practice, it is worth noting that it is very, very difficult to win a lawsuit against a bank in a credit case if a professional lawyer was not involved in the defense. Savings on expenses when paying for representative services are reasonable only if the amount of the claim is less than the invoice issued by the lawyer for the work.

Stages and essence of the trial

The civil procedure is regulated by the Russian civil procedural legislation - mainly by the norms of the Code of Civil Procedure. The basis judicial trial in civil matters, the principle of adversarial competition is established. This means that the law establishes the duty of each participant to motivate and substantiate his position by presenting evidence. Unlike criminal proceedings, there is no principle of innocence of the defendant until proven otherwise.

Process steps

The stages of a court loan with a bank are divided relatively, depending on the situation, deviations from the standard scheme are possible.

1. The first stage is the preparation and collection of documents necessary for filing a claim. Until the moment the plaintiff goes to court - the submission of the statement of claim - there is no official judicial proceeding. The documents are then submitted to the court. (here in detail about).
2. After receiving the claim documents, the court analyzes the completeness of the submitted papers and the validity of the stated requirements. Based on the results of consideration, the claim can be accepted, rejected or left without movement. It is also possible to return the claim. If the application is accepted, a date for the first hearing is set.
3. If the creditor simultaneously submits a claim and a petition for securing it, the court may consider a request for attachment or other restriction in order to preserve the property until the completion of the proceedings. This rate is possible at any stage of the process.
4. The first meeting is preliminary. Despite this, the call is made according to all standards - the agenda. During the preliminary hearing, the position of the plaintiff and the defendant is clarified, the expediency of conducting a full-fledged trial is analyzed. If the defendant agrees with the claim at the preliminary hearing stage, then the process may be completed.
5. Upon positive completion of the stage of preliminary proceedings, the court sets a date for the start of the main process. The parties and other participants in the process are notified of this.
6. The main litigation may consist of several hearings. There are no clear restrictions, but any grant of a delay or postponement of the case must be motivated.
7. During the main hearings, the judge first finds out the fact of the presence of the parties in the hall, then proceeds to consider the case on the merits. At this stage, petitions are made, proposals are made, and the opinions of the parties are heard. Schematically, it looks like this: the floor is given to the plaintiff, who reads out his claims, then time is given to the defendant, who reads out his objections. Then the parties are given the right to ask questions to each other. The judge has the right to participate in the process, to ask additional questions.
8. After completion of the hearing on the merits, the materials of the case are announced. In practice, a listing of all materials in the case to the judge.
9. After the announcement of the materials, the party is granted the right to make a closing speech.
10. The final stage of the main hearing is the judge's decision. To do this, he retires to the meeting room.
11. The operative part of the decision is announced immediately after the adoption by the parties in the courtroom. A full court decision containing a reasoning part is prepared later. You can get a decision with a seal in the court office.

After the decision is made, the civil process enters the waiting stage. The parties have a period of 10 days to file an appeal. In the absence of an appeal within 10 days, the judgment enters into full force. At the request of the plaintiff, a writ of execution is issued, sent to the bailiffs to exercise the right to collect the debt. The trial is considered completed.

Protection tools: what to do?

When a citizen receives a subpoena for a loan with a bank, many make a mistake and ignore the subpoena, hoping for a miracle. On the contrary, if the case has gone to court, it is better not to waste time, but to immediately start analyzing the case and develop a defense strategy. Even before the first hearing, it is advisable to study the case materials in order to fully prepare. By law, a citizen has the right to get acquainted with the materials of the case without restrictions, but it is impossible to take the folder out of the court. Since the file may contain many documents, calculations and forms, which will not be easy to analyze right away, it is better to photograph all the sheets of the case. Under no circumstances should any papers be removed from the file!

First of all, pay attention to meeting deadlines. It is extremely rare for banks to violate statute of limitations, but there are precedents. The court accepts the case for consideration without examining the fact of compliance with the limitation period. Upon filing the defendant's petition for the application of the statute of limitations, terminates the proceedings, refusing the plaintiff.

When studying the statement of claim, it is important to pay attention to the calculations that substantiate the claims of the borrower. In practice, banks often overestimate claims, counting very large penalties. With the good work of a credit lawyer, these requirements can be significantly reduced.

Having studied the materials and content of the claim, it is necessary to prepare an objection to the statement of claim if you intend to protest the claim. Objections should reflect objective facts, points with which you do not agree. If you want to file a petition to reduce the amount charged, you need to operate with facts, and not with an emotional component. For the court, the psychological and emotional state of the debtor, tears and tantrums in the courtroom, and so on, do not matter. Only the bare facts matter.

Litigation in courts with banks

Judicial practice with banks in credit disputes is quite unambiguous. In the overwhelming majority of cases, the case itself is won by the creditor - the plaintiff. The reason is simple - the borrower violates the terms of the loan agreement and does not repay the debt. Next, we have prepared several examples from the practice of courts with banks for loans.

For consumer and other types of loans

As a result, the rights of the creditor are violated, and the court objectively restores them, collecting the debt forcibly. Case No. A70-12133/2016 can be an example of a winning process for a creditor. Arbitration court Tyumen region. The defendant did not wish to challenge the claims of the plaintiff, did not make any motions, and the court ruled to fully satisfy the claims of the plaintiff. As a result, more than 1 million rubles will be recovered from the defendant.

The formal gains of the borrowers include court decisions, where the total amount to be collected was significantly reduced in comparison with that stated in the lawsuit. The reasons that influenced the outcome of the case are different. Basically, the defendants and their representatives operate:

• recalculation of the amount, taking into account previously paid funds on account of the principal debt;
• termination of the insurance agreement;
• application of Art. 333 Code of Civil Procedure of the Russian Federation.

There are cases of actual victories of the defendants in practice. Mostly in these victories, the plaintiffs who do not comply with the procedural norms or requirements for the content of loan agreements are “guilty”. A common reason for a creditor's loss is missing the statute of limitations due to incorrect calculation of terms. It is legally established that the limitation period is 3 years from the moment when the plaintiff learned about the violation of his rights. Some banks start counting not from the moment the delay starts, but from the date the loan agreement expires. In practice, the courts take into account the expiration date of the loan agreement in matters of consumer or mortgage agreements. In credit card collection proceedings, judges are guided by the date of the first delinquency.

Case No. 2-61/2016 of the Chulymsky District Court can be considered an example when documents prevail over words and emotions in court. Novosibirsk region. The defendant substantiates her position with emotions - trust in the creditor, because of which she checked the terms of the loan agreement. Also, the defendant's objections are based on the obligation of the bank to perform actions that are supposed by the defendant, but are not the obligation of the creditor. For example, to notify additionally about debiting funds via mobile app to a mobile phone number not fixed in the contract.

For a mortgage loan

Litigation with a mortgage bank also deserves a separate topic for discussion. Mortgage is an expensive banking product. The price of a lawsuit to recover a mortgage debt is significant, so creditors sue as a last resort. If the debtor is unable to repay the debt to the bank, then it will not be possible to save the apartment. The sale of mortgaged real estate will be carried out at auction, regardless of marital status the borrower, whether he has children or the number of persons registered in the apartment. Self-administering a mortgage lawsuit is highly undesirable! There are a lot of "pitfalls" that have a negative impact on debtors.

In an effort to lower the amount of the fee when filing a claim, the creditor does not conduct an objective assessment of the property, declaring the contractual value, even if the market price for the apartment has increased significantly over the years. As a result, the borrower can not only lose his home, but also pay off the debt to the bank after that.

There are no real opportunities to keep housing during a mortgage dispute, except in cases where the lender has violated the law and its requirements will not be satisfied at all. However, there are exceptions to the rule, for example, case No. 33-4010/2016 of the Sverdlovsk Regional Court of Yekaterinburg, where the defendants managed to keep the apartment.

The main job of the defense in such cases is to reduce claims and maximize the cost of real estate. In such a case, the respondent will the largest number money after paying off the debt. Also, in the presence of circumstances, it is possible to terminate the mortgage agreement on favorable terms for the borrower. For example, as in case No. 2-1924/2010 of the Central District Court of Krasnoyarsk.

1. In 2013 I took credit card in TRUST bank for 50 thousand rubles, used it for some time, then completely repaid the debt. After that, the bank increased the limit unilaterally to 100 thousand rubles.
I continued to use the card, but in 2014 I stopped paying the debt due to a difficult financial situation, which I immediately informed the bank about and asked to go to court to recover the debt in the amount of the credit card limit and reasonable interest, fines and penalties. No action was taken from the bank for 4 years. In 2018, the bank sued for a small part of the amount owed in size
15841.44 rubles, about which there is a court decision and enforcement proceedings. In 2019, the bank transferred the debt to a third-party organization SFO Accord Finance in the amount of 352,416.52 rubles (104,800.59 rubles of principal and 247,615.93 rubles of interest). In connection with the above, I ask you to advise me on the possibility of writing off the debt.

Law firm Helios LLC, 12588 responses, 7097 reviews, online since 03/01/2019
1.1. Hello. Any chosen lawyer on the site will be happy to advise you. Contact private messages.

Lawyer Akimova A.G., 14636 responses, 6815 reviews, online since 07/22/2016
1.2. The debt can be written off from you only by a court decision. This is their right to collect for the entire period when you did not extinguish the debt and interest.
At the same time, the law has a preemptive period for collection - 3 years (statute of limitations). You must personally declare the application of the limitation period in court.
But the recoverer can apply to the court not with a statement of claim, but with an application for the issuance of a court order. The justice of the peace will issue an order. You, having received an order (copy), immediately write to the justice of the peace an application for its cancellation due to the fact that the claimant has exceeded the limitation period. And the case will go to the stage of claim proceedings. There and declare the application of the statute of limitations.

2. A loan was taken from the trust bank on August 30, 2013 for three years, the end date was August 31, 2016.
During the first 13 months regularly repaid the loan. Then he couldn't.
The last payment on the loan was on October 30, 2014.
On April 26, 2016, the bank filed a lawsuit and recovered from me only part of the loan.
The judgment entered into legal effect 08/16/2016
Until March 31, 2019, 30% of the pension was forcibly collected.
Then the collection stopped, although 7 months remained to be paid.
The Bank transferred the rights of claim to Express-credit LLC, which filed a lawsuit for succession to a part of the unpaid debt by court decision.
However, the debt to the bank under the writ of execution is 15,000 rubles, and the right to claim is 81,445 rubles (indicated in the appendix to the assignment agreement).
Is it possible to invalidate the assignment agreement?
Has my loan expired?

2.2. There are no grounds to invalidate the contract (Articles 166-181 of the Civil Code of the Russian Federation): this does not follow from the question, and the creditor met the limitation period, because there is already a court decision (Article 196 of the Civil Code of the Russian Federation). The limitation period applies when the creditor applies to the court. It follows from the question that this stage has already been passed. The decision of the court entered into force on 08/16/2016. The bank collected at that time what it could collect according to contractual obligations.

The right to claim was calculated taking into account accrued interest and penalties. If a new creditor goes to court, you have the right to file a petition to reduce the forfeit and penalties due to their disproportion to the violated obligation with reference to Article 333 of the Civil Code of the Russian Federation, and since. we are talking about the collection of interest and fines most likely (the principal debt was collected by a court decision that has entered into force), then the limitation period has not expired.

2.3. Victor, hello!
Let's go in order.
Firstly, unconditional there is a possibility to invalidate the contract.
In doing so, the following must be observed.
The provisions of Art. 10 Civil Code Russian Federation contain a prohibition on the abuse of the right in any form.
According to paragraph 2 of Art. 168 of the Civil Code of the Russian Federation A transaction that violates the requirements of a law or other legal act and at the same time, infringing on public interests or the rights and legally protected interests of third parties, is void, unless it follows from the law that such a transaction is voidable or other consequences of the violation that are not related to the invalidity of the transaction must apply.

A party to the transaction, and in the cases provided for by law also another person, has the right to present a demand for the application of the consequences of the invalidity of a void transaction. The requirement to invalidate a void transaction, regardless of the application of the consequences of its invalidity, can be satisfied if the person making such a request has a legally protected interest in recognizing this transaction as invalid (Clause 3, Article 166 of the Civil Code of the Russian Federation).
Secondly, statute of limitations may also apply.
To do this, you need to use these rules of law.
According to paragraph 17 of the Resolution of the Plenum Supreme Court of the Russian Federation No. 43 "On Certain Issues Related to the Application of the Norms of the Civil Code of the Russian Federation on Limitation of Actions", by virtue of paragraph 1 of Article 204 of the Civil Code of the Russian Federation, the limitation period does not run from the moment of applying for judicial protection, including from the date of filing an application for issuance of a court order or appeal to an arbitration court, if such an application was accepted for proceedings. The day of applying to the court is the day when the statement of claim is submitted to the postal organization or filed directly with the court, including by filling out the form posted on the official website of the court on the Internet in the prescribed manner. The provision of paragraph 1 of Article 204 of the Civil Code of the Russian Federation does not apply if the court refuses to accept the application or the application is returned, including in connection with non-compliance with the rules on the form and content of the application, on payment of the state fee, as well as other requirements provided for by the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. In case of timely fulfillment by the plaintiff of the requirements set forth in the judge's ruling on leaving the statement of claim without movement, as well as in the event of cancellation of the ruling on the refusal to accept or return the statement of claim, on the refusal to accept or return the application for issuance of a court order, such an application is considered filed on the day of the initial treatment from which the limitation period does not run.

In accordance with paragraph 6 of the above-mentioned Plenum of the Supreme Court of the Russian Federation, within the meaning of Article 201 of the Civil Code of the Russian Federation, the transfer of rights in the order of universal or singular succession (inheritance, reorganization legal entity, transfer of ownership of a thing, assignment of the right to claim, etc.), as well as the transfer of powers of one body of public legal education to another body, do not affect the beginning of the limitation period and the procedure for calculating it.

In this case, the limitation period begins to run in the manner prescribed by Article 200 of the Civil Code of the Russian Federation, from the day when the original owner of the right found out or should have found out about the violation of his right and about who is the proper defendant in the claim for the protection of this right.

I hope my answer helped you! Thank you!
I earnestly ask you not to trust a beggar who will beg in private messages. He does this well. But to answer right away - not very much.

2.4. You don't need to invalidate it. Your obligation has already been established by a judicial act that has entered into legal force.
According to part 2 of Art. 13 of the Code of Civil Procedure of the Russian Federation, court decisions that have entered into force, as well as legal orders, demands, instructions, calls and appeals of courts are binding on all state authorities, local governments, without exception, public associations, officials, citizens, organizations and are subject to strict execution throughout the territory of the Russian Federation.

4. I would like to ask what to do in the following situation.
In 2012, I took a credit card from Trust Bank. In 2013 after restructuring and credit holidays paid faster than expected and closed the loan. In 2015, apparently, there was an unpaid debt in the amount of 10,500 rubles; she paid it through the Spanish. sheet. In 2018, Bank Trust sued me again and demanded a payment in the amount of 286,000 rubles, instead of 158,000 rubles 6 years after everything previously listed. Filing a counter objection to the court, my father, being a trustee, did not appear once in court for the second time. And by filing a complaint with the regional court, I accordingly lose the case. And they appoint me the payment of the entire amount of 286.000 rubles. Bank. The deadline is up and I don't know what to do now.

Lawyer Shemyakin D. V., 5798 responses, 3922 reviews, online since 03/05/2018
4.1. Nothing.
In your objections, it was enough to state the limitation period and ask to consider the case without your participation.
It is useless to file a cassation appeal.

Lawyer Novikova D. D., 301 responses, 231 reviews, online since 08/05/2019
4.2. Have the deadlines for the appeal also expired? If so, then only pay (in order to avoid the application of enforcement measures, you can apply to the court for an installment plan in the manner
203 GPC).

4.3. Now it's nothing, everything that you could have spoiled. You need to come to lawyers before the court, or at least during it, in order to competently protect yourself and do something. You yourself decided to act, received a claim in full, although due to the circumstances of the case, in theory, they could have been refused altogether, only the objections had to be written correctly. You didn’t even have to hire a lawyer for the court, just to write objections to you and give them. 2-3 thousand costs from the strength of this. Saved, now we owe 286,000. Your right. Now it's too late to twitch, when two instances are lost, that's all. Lawyers are not magicians.

"How to win a lawsuit against a bank on a loan - a case for 5.6 million rubles."

"How to cancel a court decision in a case on debt collection under a loan agreement"

Yours faithfully, the lawyer in Volgograd - Stepanov Vadim Igorevich.

26. Briefly, the situation is as follows: in 2011, my passport was stolen and the attackers obtained loans from three banks using it.
Not so long ago, one of the Bank's loans was bought by the first collection bureau. I spoke to them and explained the situation. They told me to send them all the documents related to the theft of the passport. My question is what they can do in the legal field, if they sue where it can take place, and whether it will turn out that without me the court will award not my debt. (such a precedent has already been ... by the way, the trust bank sued for some reason for part of the debt and the court should pay without me) What should I do in this situation. Thank you!

Lawyer Sadykov I. F., 49432 responses, 26528 reviews, online since 10/11/2017
26.1. You can file a claim with the court yourself to recognize the contract as not concluded on the basis of the materials of the police check on your report of the crime. And if they themselves file a lawsuit in court, then declare the application of the limitation period (Articles 196, 199 of the Civil Code of the Russian Federation). But first you need to cancel court order.

Lawyer Vasiliev A. A., 647 responses, 490 reviews, online since 06/21/2018
26.2. Michael, hello!
If a court decision on debt collection under an agreement that you actually did not conclude (did not sign) took place (will take place) without you, then it is necessary to appeal against such a court decision. If the deadline for appeal has expired, together with the complaint, submit an application for the restoration of the procedural term.
In the course of the proceedings, the fact that it was not you who signed the contract can be established as a result of an examination.
Warning (in pursuance of the Rules, approved by the FPA of the Russian Federation (Minutes No. 7 dated September 28, 2016)) - the legal information provided above is not legal advice.
Each case has its own nuances. To successfully resolve a difficult situation, seek legal advice, drafting documents, representing interests in courts with a lawyer.

27. In 2013, she took a loan from the Ural Bank for Reconstruction, 100,000, did not pay! No one has called or written for years. 3. Yesterday they called from the court, Trust LLC sued me for 201000! It's a debt collector! I took a certificate from the Bank that I owe them nothing, it states that the loan was closed on 12/26/2016! What to do?

Lawyer Lisimenko Yu.I., 1482 responses, 479 reviews, online since 06/24/2013
27.1. Go to court and prove that you owe nothing to anyone.
So no options.

Lawyer Zakharova I. A., 2870 responses, 2054 reviews, online since 07/17/2018
27.2. Hello, Natalya Vyacheslavovna. Submit this information to the court.

Lawyer Baranov M.A., 7944 responses, 3761 reviews, online since 11/27/2009
27.3. SW. Natalya Vyacheslavovna, first you need to familiarize yourself with the claim and the attached documents, i.e. establish whether there was a transfer of the right of claim (whether an assignment agreement was concluded). I recommend with the available documents to contact a lawyer or a lawyer in your city for a face-to-face consultation.

Lawyer Voronchikhin D. A., 7230 responses, 4632 reviews, online since 11/14/2018
27.5. It’s not clear how it happened, you yourself say that you didn’t pay the loan, and the bank gave you a certificate that they didn’t owe him anything, how so? Have you repaid your debt? The bank probably gave you a certificate that he ceded the debt to other persons, he could do this, it doesn’t mean that your debt is gone, they just don’t owe the bank, you need to look at all the documents and think what to do, you understand something wrong, in court you will do everything wrong and later it will be too late, show the documents to the lawyer.

Lawyer Moskvichev A. V., 2994 responses, 1649 reviews, online since 02/28/2016
27.6. Natalya Vyacheslavovna, hello,
In addition to all of the above, the lender also missed the statute of limitations.
Therefore, feel free to go to court, submit a certificate from the bank, declare that the limitation period has been missed, and then live in peace.

28. The court ruled to recover from the Trust bank the funds deducted from my pension according to the canceled court order (the agreement with the bank was drawn up in St. bank in Nizhny Novgorod), I requested a performer. The sheet is in court, but where to send it to Nizhny Novgorod Or are there other options please?

Lawyer Kalinina T. A., 323 responses, 222 reviews, online since 11/22/2018
28.1. Performance list sent to the location of the debtor - in your case - the bank.

29. In February 2013, I took a credit card from Trust Bank (the card expires in 2018). Until May 2013, he made payments every month. Then I couldn't contribute. I did not receive a letter from the bank about the repayment of the debt. In June 2014, the bank filed a lawsuit with the district court and won. A decision was made to collect the amount of the debt and interest in September 2014. But there were no further actions from the bank. The case was filed in court. But in June 2018, the bank again filed a lawsuit only in the world court to recover the amount of interest owed for the period from May 2013 to July 2013. Can I find out if the statute of limitations has expired? Can I challenge the claim in court on the statute of limitations?

Lawyer Sadykov I. F., 49432 responses, 26528 reviews, online since 10/11/2017
29.1. You can. In this case, the limitation period has expired (Article 196 of the Civil Code of the Russian Federation). Declare the application of the limitation period in writing (Article 199 of the Civil Code of the Russian Federation), because The statute of limitations is declarative in nature.

P.S. Thanks in advance for your feedback below!

Lawyer Nikitina Yu. V., 6925 responses, 4245 reviews, online since 05/28/2017
29.2. Hello Ivan!
Yes, the statute of limitations under Art. 196 of the Civil Code of the Russian Federation expired
The bank could have presented this interest when it filed the first statement of claim.

Lawyer Voronchikhin D. A., 7230 responses, 4632 reviews, online since 11/14/2018
29.3. During this period, the statute of limitations has expired. But this had to be declared in court. You were there? What kind of judgment did you have there? Order or decision of the court?

30. Please when is the statute of limitations? The situation is as follows: on July 23, 2014, I took a loan from TRUST Bank, at that time I already had a mortgage and a loan from Sberbank. After four months, my financial situation deteriorated significantly and I stopped paying all loans. In April 2015, Sberbank restructured my loans to me and the payment amount increased. And the trust bank began to call me and threaten me, then I found out that the trust bank received a court order to recover from me the interest that had accrued at that time, I found out about this when some pennies were debited from the accounts of the savings bank and the card went into minus 30,000, adhering to to whom I came to find out what kind of order he said that the order came into force once the money was written off, gave him to sign the papers and sent him to pay. Since then, pennies remaining after paying the mortgage are sometimes written off from the accounts of the Savings Bank. In this regard, the question is, if I also close the court order for these interest with small payments, will the Trust be able to sue me for the amount of the principal debt, because I stopped paying the loan at the end of 2014? How is the statute of limitations calculated in this case?

Lawyer Kalashnikov V.V., 188668 responses, 61684 reviews, online since 09/20/2013
30.3. The statute of limitations is calculated for each payment, and not from the moment of the last payment. Based on Art. 196, 199 of the Civil Code of the Russian Federation, it must be declared in court. It is three years.
If you stopped paying at 14, then you need to look when there were payments according to the dates. The fact that they stopped paying 4 years ago does not mean that the term has expired.

Lawyer Sadykov I. F., 49432 responses, 26528 reviews, online since 10/11/2017
30.4. The limitation period provided for by Article 196 of the Civil Code of the Russian Federation is calculated from each payment. The fact of payment by court order does not restore the limitation period, since you are executing a court order to collect the debt.

Lawyer Bulatova I.D., 28383 responses, 10010 reviews, online since 03/03/2015
30.5. The statute of limitations applies provided that the bank has not applied to the court ...
But in your case, there is a court order that you have not appealed ... That is, the limitation period is not applicable.

You have a chance only to cancel the order, which, by virtue of Article 129 of the Code of Civil Procedure of the Russian Federation was not appealed within the specified period.
The judge cancels the court order if the debtor in fixed time there will be objections to its implementation.

Lawyer Krauter V. N., 10718 responses, 4009 reviews, online since 12/09/2015
30.6. Hello Alexander Yurievich!
The limitation period of 3 years has expired in your case, so if you sue, you should declare the application of the limitation period and the claim to the bank will be denied. The limitation period is calculated from the moment of the last payment made by you on the loan.
(Article 196 of the Civil Code of the Russian Federation)

Visitors to the legal consultation asked 15 questions on the topic "". On average, the answer to a question appears in 15 minutes, and for a question, we guarantee at least two answers, which will begin to arrive within 5 minutes!

Bank Trust filed a lawsuit. The court took place without me in another city. The bank demands the return of 24,377 rubles! The salary in my hands is 18-19 thousand rubles. The child is 7 years old, my wife does not work. There are loans in 02/05/2015

Trust Bank sued for overdue debt. How to protect yourself? They took a commodity loan, they brought a card and by the time we got home, they themselves set a limit of 50,000 tons. I paid for 2 years until I lost 12/22/2014

Trust Bank filed a lawsuit, so far only a notification by mail has arrived, tomorrow preparation for the case (interview), the loan amount was in the region of 60,000 rubles.

All good Credit

Pasted sketches on the entrance with my data (registration date of birth, full name). I paid rubles regularly, there were not big delays, but I paid for everything. Thank you for your contact. There was an application for the money to be debited 11.07 - 15 thousand. It's not entirely clear why they called twice, on March 8 and they apologized early enough, but promised to delete my number within 3 days from the service database.

Loan debts

You became a bank debtor, and your loan debt was transferred to a collection agency. And when collectors called you, you found out that your real credit debt is several times higher. Why, after all, your debt in the collection agency continues to grow?

Let's start with the fact that this question interests everyone who is responsible for the loan. but none of them knows the specific answer.

Credit is the principle of excellence

This will facilitate a productive dialogue between the borrower and the bank in search of an acceptable restructuring program. You had a trial. After this time (perhaps more, but within three years), the bank or collection agency, to which banks often transfer bad debts, begin to actively interact with the borrower. ABOUT collection agencies many Russians already know firsthand that in order to face the lawlessness of their employees, it is not even necessary to have any obligations to a bank or microfinance organization - it is enough to live next to the debtor.

Can I sue a bank trust?

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1 answer. Moscow Viewed 19 times. Asked 2013-05-30 10:12:20 +0400 in the topic "Law enforcement" Does the bank have the right to install an ATM (strong noise from the server in the bank itself) under residential privatization.

My blog about lending

Her story with my comments - an indented sidebar - I am pleased to bring to your attention. In fact, 296,000 thousand were written under the contract, insurance paid for 1 year, 7 months, at 16,540 rubles a month, there were 5 months left, but there was no way to pay, last year there were delays of about 4 months, but I paid everything along with huge fines and penalties, in Oriental Express Bank 200 thousand, also paid, in Tinkoff credit card for 4 thousand, there were delays, but I also paid a debt of 4 thousand + fines last year, but there was no money and I spent it, and now I can’t pay in Renaissance credit card 15 thousand - here are 4 loans and there is no way to pay, at the moment I don’t work anywhere, I have 2 n/year-old children, one is in the 10th grade, I receive a survivor’s pension of 8 thousand on it, and the second daughter is 5 years old, I adopted her at his eldest daughter, who died, I receive only a child allowance of 200 rubles for her.

Does a trust bank sue debtors?

I present to your attention a part of the practical training session “First Steps to Eliminate Your Debt”, it is called “Ways out of debt. For comparison: the volume of deposits of the Baltic Bank, which is currently reorganizing Alfa-Bank for 57.4 billion rubles, is 60 billion rubles, while the majority of depositors are residents of St. Petersburg. The second important problem is that although most banks have already quietly introduced monitoring of the financial situation of borrowers at the stage when debt did not become a problem, this was done quite formally.

Does the bank sue the trust

If you want to apply for a loan at National Bank TRUST OJSC or have already become a client of this bank - take a couple of minutes and read my story, maybe it will help you avoid many problems that I could not avoid.

Banks are increasingly faced with situations where people, for one reason or another, cannot repay a loan on time. And Trust Bank is no exception. First, let's remember what cards the bank provides:

1. Debit - a card on which you can store your own savings. Those who have such a card pay a certain amount monthly for servicing the card.
2. For payments (often social or pension), the same functions have been created as for a debit card, only the service is based on benefits.
3. A credit card is a card that has a certain credit limit, this loan is short-term. If personal funds are stored on the card, then no interest is charged for their use.

What is a bank loan anyway?

This is an agreement between the two parties - between the client and the bank, which is supported by voluntary legal relations. When a contract is concluded, both parties are obliged to comply with all the rules and regulations prescribed in it. The main rule is that the bank agrees to provide the client with a loan, and he, in turn, undertakes to return the loan funds to the bank on time with interest paid for the use of bank money.

What happens after the bank and the client have entered into this same agreement

Everything seems to be clear and understandable, no additional questions arise. But life is unpredictable. In the case when force majeure occurs, and the borrower can no longer fully return the loan money, the question arises: how can you not pay the loan to Trust Bank? And if so, what will it be? It is difficult to find a definite answer. Let's figure it out in order.

How is the situation at Trust Bank today?

On this moment the bank provides for use only debit cards, and in Ukraine - all three types. The repayment period of the credit rate varies from 30 to 55 days, depending on the conditions of the card you are using. If you did not have time to pay during this period, then the return of bank money occurs partially together with a percentage for their use.

If the client violates the loan repayment period, then he is charged a fine. When he pays it, only the interest is withdrawn, the balance of the loan remains the same. In case of prolonged non-payment of credit money, the bank blocks the available use of bank money. In the event that this continues for some time, the bank takes the case to court or applies for services to a collection company.

At the same time, everyone knows that four years ago there were problems in the Trust, due to which the bank reduced the number of banking products provided. But after some time, the situation in the bank has recovered, and customers can continue to repay their loans. If, after urgent calls from the teller, the client does not return the bank money, then the Trust turns to collectors.

Collectors act as follows: they declare that after the “fall” of the bank they bought your debt from it, so now they need to pay it back. Be careful, it's illegal! The client is obliged to return the debt to the one from whom he took it. Don't fall for clever tricks. In addition, it would not hurt to warn your relatives and loved ones about competent behavior in such situations.

What really happens

The loan, of course, you need to pay, if you have the opportunity. But in reality, the bank sues the client in order to oblige to pay only for a large loan. Since most loans are small and medium-sized amounts, in fact such situations are very rare.

If the return of bank money is not received for some reason, then get ready for the fact that there will be strong psychological pressure not only on you, but also on your relatives. If for the sake of paying off a loan you give the last penny and expect the bank to meet halfway, then this is not so. Although the situation may be different. What is meant?

The court is far from always completely on the side of the bank, so let's consider the most common cases of how cases unfold in the courts:

1. Arrangement with the bank within the walls of the court.
2. Help of a lawyer.
3. Self struggle.

Case 1. It is possible to negotiate with the bank. Very often things unfold like this.

The client took a loan from the bank for 10,000 rubles, for some reason did not pay it back long time, during this time interest and fines in the amount of 50,000 rubles ran up. Then the bank sues. The client and the representative of the bank are invited to the court. The case does not last one day. The bank also does not want to spend a lot of time on just one client. Therefore, the agreement may look like this: the bank sets the condition that if you pay 10,000 rubles. within three months in equal installments, then the rest of the loan amount will be forgiven you.

Case 2: Seek help from a good lawyer. It often happens that the bank overestimates the interest rate and charges much more than what was indicated in the contract, especially for credit limits. You can appeal in court by the fact that the borrower has incompetent parents, minor children, persons in care.

In court, no one will recalculate the amounts, so the only salvation illegal accrual fines is an independent calculation by the client of all fines and interest. Often and densely it turns out that the bank overstates the amount. However, the client should not forget that the services of a lawyer in such cases are not cheap, so it makes sense to contact them only if the amount of debt is large.

Situation 3. Fight on your own. The client can request from the bank a statement of movement on the account. And if the amount of fines is higher than half of the loan, then these actions are illegal. In addition, if the bank requires money much more than the losses that it suffered due to the late payment of the loan, then these figures can be appealed and reduced. There are times when the court is willing to halve the amount owed if the client's income is too low to pay the full amount.

Thus, if you already decide to apply to the bank for credit money, then be prepared for the fact that the overpayment will be rather big. And if you are not sure about the stability of earnings, then it is better not to mess with banks. In any case, everything must be done according to the law.

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Dear Olga! Article 159 of the Criminal Code of the Russian Federation. Failure to fulfill obligations of harm to health
1. Intentional infliction of grievous bodily harm, dangerous to human life, or resulting in loss of vision, speech, hearing, or any organ, or loss of an organization, or termination of activity by an individual entrepreneur.
In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.
It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (as a vacant position or job, corresponding to the woman's qualifications, as well as a vacant lower position or lower-paid job) that a woman can perform, taking into account her state of health. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer PRIVATE LEGAL COMPLAINTS) EXCEPT FOR THE CASES
CONSIDERATION OF ACTIVITIES UNDER ART. 128 Code of Criminal Procedure of the Russian Federation.
AND ARTICLES OF REFUSAL IN THE LOAN PROCEDURE FOR ATTRACTION OF WORK, SUPPORTING DOCUMENTS, AS WELL AS PAYMENTS FOR AN APARTMENT ABOUT INHERITANCE SHOULD BE OBTAINED FROM EXECUTION OF SEPARATE BENEFITS UNDER SOCIAL INSURANCE CONTRACT.
PRODUCE THE APPLICATION OF THE SALE OF YOUR CONSENT TO THE COURT.
Art. 12.1 of the Code of Administrative Offenses of the Russian Federation Violation of the rules for registering a citizen of the Russian Federation at the place of stay or at the place of residence in residential premises in the Russian Federation -
shall be punishable by a fine in the amount of up to 200 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of 180 to 240 hours, or by corrective labor for a term of up to two years, or by deprivation of liberty for a term of up to two years.
2. The same acts committed with the aim of concealing another crime or facilitating its commission, -
shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in the amount of up to 500 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months.
4. Theft committed:
a) an organized group
b) by a person using his official position, -
shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or imprisonment for up to five years.