As long as these figures concern someone else, you don’t really think about them. But it is worth trying it on for yourself - and the question becomes relevant: what will happen if you do not pay the loan? What could be the consequences? Is it legal to not repay a loan?

We note right away that it is almost impossible not to pay the loan and get out of the water dry in 2017. A borrower with overdue payments is waiting for persistent and harsh reminders, unpleasant communication with, and then - a court and debt collection, often with the simultaneous seizure of property owned by the debtor.

However, with a sound approach to working with your debt, there are more acceptable options, which will be discussed below.

The banking community maintains unofficial statistics, numbering dozens of reasons why citizens explain the refusal to make payments. Let's single out two main ones.

Reason #1: Decrease in income of the population

Only in the first 7 months of 2017, the real disposable income of Russian citizens decreased by 1.4%. And in just the last 3 years, according to high school economy, the average Russian has lost about 20% of income.

To the greatest extent, this factor affected those who took either a car loan with a large monthly payment. It is especially difficult for those who suddenly lost their jobs - due to layoffs, due to a conflict with management, illness or other equally sudden circumstances.

The same applies to the reduction in income due to care in maternity leave or retire. If a person did not have savings, but had loans, an unexpected loss of a source of income immediately leads to delays. Or new debt.

According to the National Bureau of Credit Histories (NBKI), every second consumer loan is taken to pay off previous loans.

This does not solve the problem of the lack of constant cash receipts, and the borrower plunges into an even greater debt quagmire.

Analysts of the United Credit Bureau claim that 21% of chronic defaulters have 2 loans, 19% - 3. The average debt of people who stop making monthly payments is 750 thousand rubles. Every tenth potential owner has a car loan in excess of 980 thousand rubles.

Most debtors who have lost part of their income are conscientious: as soon as they have them, they immediately resume payments. Such people themselves initiate and try to negotiate with the bank, whose managers often meet halfway.

Reason #2: Deliberate evasion

Of course, the story circulating on social networks about how residents of either Yakutia or Chelyabinsk refused to repay a loan to a bank on the grounds that its founders are foreign companies, and supposedly the payment of the loan will be financial assistance to a foreign state, is fake.

In fact, the loan is returned to a legal entity registered in the Russian Federation ( foreign banks in our country they do not have the right to lend to individuals). But this example well illustrates how inventive those who obviously were not going to repay the borrowed funds can be.

Here is another typical story: an entrepreneur from Tomsk with a 12-year good credit history in the summer of 2013 decided to buy a local water tower from the city hall and reconstruct it into a residential building. Took a few consumer loans under high interest. I sincerely believed that after the work was completed, the tower would become a good collateral, and interest rates could be reduced.

A year and a half has passed. It turned out that the initial calculations were wrong, and much more money was needed. I took a couple more loans - just at the beginning of 2015, after the pandemonium with the dollar exchange rate and the subsequent jump in ruble loan rates. When there was not enough money for monthly payments, the man decided to get into debt with his friends and even got microloans - just so as not to spoil his credit history.

As a result, he turned out to be the owner of eight loans at the same time, for which there was absolutely nothing to pay. Banks refused to accept the architectural rarity as collateral and to cut interest rates. And the entrepreneur stopped paying.

Now he is sure that this should have been done earlier - then there would be no fuss with microfinance organizations and related problems. Slowly, he began to repay the debts of MFOs, he expects to get close to bank loans at the earliest in a couple of years. At the same time, he does not deny himself anything, and continues to reconstruct the tower.

What threatens the debtor: myths and reality

One of my acquaintances, a serious man, a former director of a large organization, is mortally afraid of delaying mortgage loan. He is absolutely sure that immediately after that the riot police will come to take away the apartment, and he will immediately be put in a colony.

Many people think so, but in fact, banks are much more loyal even to problem borrowers. obliges each credit institution to have a regulation on working with debtors, in which neither soldering irons nor even night calls are provided.

For any bank, a sharp increase in the number of "bad" loans is the need to increase reserves, reducing. Therefore, in most cases, the credit institution is no less interested than you in making sure that you repay the debt. There are programs for this.

But be prepared for the fact that no one will babysit you. It is for you your loans are the only and inimitable, and bank managers have such loans every fifth. Therefore, if you fail to fulfill your obligations on time, get ready for unpleasant consequences.

Consequences of defaulting on a loan

First stage: pre-trial

As long as the bank is dealing with your debt (and this usually happens during the first 90 days of delay), you can not worry too much: things will not go far beyond the law and human decency.

Legal actions of banks in case of late payments on the loan

• At the first delay - SMS, a call from a bank representative with a reminder, a letter to email with an offer to pay off the outstanding debt.
• (without your permission) debiting the amount of the overdue payment from your account in the same bank. This method is applied only if it is specified both in the loan agreement and in the deposit agreement.
• Requiring payment from the co-borrower/guarantor/guarantor (if any). In some banks, when concluding an agreement, they require you to indicate from one to three phone numbers of friends or acquaintances - they will also be informed about your debt and will be required to influence you.

For the most part, these methods relate to mild psychological effects. They are aimed at law-abiding borrowers who are in an unpleasant life situation and will try to pay as soon as the opportunity arises. Quite often, banks cross the line and begin to promise measures that they have no right to fulfill.

Bank actions that are not supported by legal grounds

• A promise to bring the client to criminal liability under the article "Fraud". Here you must clearly understand that there is no breach of trust in the failure to fulfill the loan agreement (which is exactly what fraud is). If you took a loan using your own original documents, your actions are not subject to Article 159 of the Criminal Code of the Russian Federation, there is no judicial practice in such cases.
• A promise to describe and auction off your property to pay off a debt. Remember: the bank does not have the right to perform any actions with the client's property (except for what is pledged). So are collectors. This is the exclusive prerogative of the bailiffs. And then - after the relevant court decision and with the restrictions, which will be discussed later.
• Promise to terminate parental rights. The most delusional threat. Such an action has the right to be carried out only by the guardianship authority if the parents or guardians cannot properly support and raise their children. The bank is not children, the delay on the loan has nothing to do with family relationships.

At this stage, in no case should you hide from the bank. The best option is when you apply to a credit institution even before the occurrence of delays. We lost our jobs and went to the bank the next day.

As long as you do not have a documentary burden of unmade payments, managers will perceive you as a solvent client with temporary difficulties. It is not a sin to increase the term of the loan, and reduce monthly payments.

How to communicate with a bank representative:

• You should pick up the phone whenever you receive a call.
• First of all, specify the name and surname of the interlocutor - often the databases of banks are “merged” with dubious firms that are trying to fraudulently extort money from borrowers. After the conversation, it does not hurt to call the bank's hotline and clarify whether such an employee is working.
• If possible, record the conversation.
• Try not to react to the rude tone of the interlocutor. Invite him to calmly state his claims, specify the amounts and terms of the debt.
• Try to find out if this employee is related to the department in which you took out a loan, or if this is a bank security officer who is only authorized to bring you information about sanctions for late payments. Just listen to the second, ask the first when you can come to the bank to restructure the loan.
• It is better to be philosophical about direct threats and accusations: you yourself understand that you have violated the contract, and the bank has no right to do anything illegal with you. You will lose money only if you pay yourself, the property will remain with you.

Second stage: court or collectors

After waiting 90 days, the bank decides on further progress in your case.

There are two options: either the proceedings with non-payment on the loan will continue in court, or you will have to deal with a collection agency if bank analysts find it more profitable to include your debt in a package that is difficult to collect and sell at a discount to collectors.

This happens if the client does not own serious property for possible sale at auction (cars, real estate, and so on).

This terrible word for debtors has often been heard in recent years.

In April 2016, several masked men broke into the apartment, where they beat the owner, his 17-year-old son, and raped his wife. So they tried to "recover" a debt of 5 thousand rubles overdue for a year, taken from the Dengisrazu company.

In February of the same year in Yekaterinburg, the family took 30 thousand rubles from Home Money and delayed the return of the debt for a week. The collectors came when the 11-year-old son of the borrowers was at home. For three hours they broke into the door, cut the wiring, and the telephone, filled the keyhole with glue. The child, in a state of shock, somehow got to a neighbor, and she called her mother.

A glaring incident occurred in Ulyanovsk, where a collector threw a Molotov cocktail into a debtor's window. I got right into the crib where the owner's little grandson was sleeping. The child received severe burns to his face and body. The reason was a debt of 4 thousand rubles in the RosDengi company.

The trial of the collector from Ulyanovsk

Since there was no legislative regulation of the activities of collectors, it was difficult to bring them to justice.

But from January 1, 2017, the law regulating the work on the return of overdue debts (No. 230-FZ of 07/03/2016) began to operate in full. He significantly limited the possibilities of collectors and largely protected debtors. The number of "bespredelschik" in the ranks of the collectors has declined sharply. But it didn't go to zero.

For example, in September 2017, a story became public when an employee of a debt collection agency in St. Petersburg sent an elderly woman a photo of her little granddaughter in a “funeral” interior.

Is it possible to protect yourself from such situations?

The work of collection agencies with your debt can be of two types:

• Either collectors work under an agency agreement with the bank (usually at the pre-trial stage and during the trial),
• Either your debt is sold to the agency, and then you become debt collectors.

Despite the difference in attitude towards the debtor, in both cases, "debt collectors" have the same rights and restrictions.

Collectors have the right	Collectors are not eligible
Notify the debtor of outstanding payments	Call anonymously without giving your full name and the name of the collection agency
Call the debtor once a day, 2 times a week, 8 times a month - only to the number specified in the loan agreement	Call the debtor on weekdays from 22.00 to 8.00, on weekends and holidays - from 20.00 to 9.00
Schedule a personal meeting with the debtor once a week	Insult the addressee and his relatives, threaten to cause harm to health or property.
Come to the apartment to the debtor (only with the permission of the latter)	Restrict the debtor's freedom of movement
Be a representative of the creditor in court	Unauthorized entry into the apartment of the debtor
	Destroy or damage property
	Tell other people the amount of the loan and debt on it
	defraud a debtor to force him to pay

How to communicate with collectors

• Always try to find out the name of the person who called you. This will help not only reduce the intensity of passions in a conversation, but also, in which case, competently draw up a statement to the police.
• Specify who is in charge of your debt - a bank or a collection agency.
• Find out if the interlocutor is authorized to make decisions about your loan, such as restructuring. Never get involved in an argument. The already mentioned Tomsk owner of the reconstructed tower carried on a long correspondence with the collectors, in which he did not say a single impolite word and did not dispute a single statement of the interlocutors. In the end, they began to turn to him much less frequently.
• If you are threatened, if you have been insulted or abused by collectors, contact the police.
• In order not to be shown to the door, take care of the evidence in advance: try to record all conversations, including those at personal meetings, and do not hesitate to film any illegal actions of exactors.

Trial

With a relatively low amount of debt (up to 500 thousand rubles - Article 121 of the Code of Civil Procedure of the Russian Federation), at the request of the creditor, the Justice of the Peace issues a court order.

This is a document according to which bailiffs collect a debt from all accounts of a citizen, from all his income - in a word, from all receipts that they become aware of.

You can challenge the court order within 10 days from the date of receipt of a copy of this document (the judge is obliged to send it to the debtor).

If the court order is challenged, the amount of the debt is more than 500 thousand rubles, or the loan agreement provides for the recovery of collateral or property (including co-borrowers and guarantors), lawsuit proceedings begin. The court will send a summons to your home address.

You can evade receiving it, but this will not work: the issue will be resolved without your participation (the law allows this), and you will not get the opportunity to somehow explain your actions and achieve a court decision more loyal to you.

Meetings are usually held at your place of registration. It is a must to attend them.

Even before the trial, you should stock up on documents confirming good reasons for non-payment on the loan. This may be a work book with a record of dismissal, other papers indicating that you did not have the opportunity to pay on time.

If there are no good reasons, or you cannot confirm them, try to involve a lawyer (especially if expensive property is at stake, which you can be deprived of).

It is important to prove your good faith, so bring to the court the maximum number of checks for payments made before the delay.

Remember: if you contribute at least 100 rubles each month to the loan account, this will tell the court about your explicit will to repay the debt.

Best Strategy conduct in court is:

• Acknowledge the debt (if it really is), constantly talk about your desire to pay it off.
• Be polite and correct at meetings, do not blame the bank for high interest rates and the cruelty of the security service - this is pointless, no one dragged you to the bank at gunpoint and did not force you to sign a loan agreement.
• Be sure to back up your every statement with evidence.

If there were actions on the part of the bank that were on the verge of the law, a counterclaim can be filed. Both applications will be considered in combination, and the overall result may be more successful for the borrower.

Based on the results of the meetings, the court makes one of the following decisions:

• Oblige the debtor to pay the debt at a time (including at the expense of self sale property).
• Pay off debt with payroll deductions over a period of time.
• Repay the loan in full, but without penalties and late fees.
• Collect debt forcibly from the property of the borrower.

Within 10 days of receiving the decision, you have the right to challenge it by filing an appeal. It makes sense to do this if you are sure that the court did not take into account significant circumstances (for example, it did not take into account that you got a job and decided to immediately collect the debt at the expense of your car).

Third stage: post-trial

If the court has made a decision to enforce the collection of debt from you, the relevant executive documents(court order, writ of execution) are transferred to the bailiffs, and they begin enforcement proceedings.

Bailiffs have the right:

• seize or sell at auction property and property rights;
• seize or collect periodic payments to bank accounts;
• evict the debtor from the apartment (the only housing can be seized, but cannot be evicted from it).

The law allows for other actions, including on behalf of and at the expense of the debtor.

And here is what the bailiffs are not entitled to collect:

• Land under the real estate located on them - the land cannot be taken away if the house on it remains in the ownership of the borrower.
• Household items and personal items (excluding luxury items).
• Machinery and equipment used in the professional activities of the borrower.
• Food and cash in the amount living wage for each family member.
• Firewood and other fuels used for cooking and home heating.
• Livestock and poultry (if they are not bred for sale).
• Transport and other devices used by the disabled debtor.
• State awards, honorary signs, prizes.

Is it legal to not pay off a loan? 6 main ways

There are at least six completely legal ways to get rid of your credit burden.

Method #1: Termination of the loan agreement

1 This is a method for those who are well versed in legal intricacies. In some small banks, and especially in microfinance organizations, contracts are often not drawn up at the highest level. They may contain provisions that are contrary to the law (for example, on the calculation of interest on loans, penalties or on the collection of overdue payments).

Cancellation by the court of such provisions leads to a serious reduction in debt, and in some (though very rare) cases - to the complete cancellation of payments. But with the documents of large banks, such a trick, of course, will not work.

Method #2: Buyout of debt by third parties

2 If collectors can buy your debt from the bank, then why don't you buy your debt from collectors. Not directly, of course, but through relatives. Or through a rich uncle's firm.

The minimum value of your debt is 20% of the total. The maximum is 50%. So your relatives will also earn extra money on you. Another thing is that not every collection agency agrees to part with a gold mine so easily.

Method #3: Refinancing or restructuring a loan

3 If there is a delay, it is not easy, but real, if you contact banks such as Tinkoff, Home Credit or Renaissance Credit. Perhaps you are lucky - and you will take money at high, but not sky-high interest rates and pay off your existing debt.

(to increase the term of the loan with a decrease in the monthly payment and the distribution of late penalties for many months or their complete cancellation) is easier. But the debtor himself should offer such an option, and the bank will decide.

Method #4: Loan Holidays

4 Uncommon variant. The bank allows you to pay only interest for a certain period of time (usually a year), while the payment of the "principal" debt is postponed. Without a good credit history (before the delay), there is nothing to count on this option.

Method #5: Paying off a loan through insurance.

5 If at the conclusion of a loan agreement you bought a special product from an insurance company - insurance against non-payment of a debt - then your debt (if there is a good reason specified in the policy) will be repaid by insurers. Pleasure is expensive, and only a few go to it.

Method #6: Bankruptcy of an individual

6 Possible if there is a debt of 500 thousand rubles, no property and a high monthly payment. The procedure is complicated, entails the loss of the right to take loans, hold managerial positions for 3 years, travel abroad, and so on. Price

What to do if there is a delay and there is nothing to pay the loan? How does the court proceed with the bank if there are debts? Is it possible not to pay a loan at all and how to do it legally?

Hello readers and visitors of the HeatherBober online magazine! Denis Kuderin is in touch.

We continue the multifaceted topic of financial insolvency (bankruptcy). In a new article, I will try to answer the question of what will happen if you do not pay your credit bills.

The publication will be useful to everyone who has taken a loan from a bank at least once, as well as to those who are going to do it in the near future or in the long term. Knowing what happens in case of non-payment of the debt is necessary for everyone who deals with loans.

One of my close friends got into an unpleasant situation - he took out a loan and overdue payment. Therefore, I know firsthand what the bank can do in such situations.

I'll go into detail below!

1. What will happen if you do not pay the loan?

When a person borrows money, he roughly imagines how he will give it back - deduct a certain percentage from his salary, repay the loan ahead of schedule from additional income, etc.

Each borrower believes in the best - that debt obligations will be repaid without delay, or even ahead of schedule. When signing a loan agreement, few people think in advance about unforeseen options - such as dismissal, economic crisis, force majeure.

And those options are all over the place. The money that is needed to pay off the debt goes in another direction, there is absolutely nothing to repay loans, and the loan itself turns into an unbearable burden.

What do you do if you can't repay the debt? What happens if the debtor stops paying the loan? It is better to know the answers to such questions in advance in order to develop an effective plan of action in which case.

If the debtor behaves correctly, the forced non-payment of the loan will not turn into a disaster. Sometimes it is even more profitable for the borrower to refuse exorbitant monthly payments and initiate a case on their financial insolvency (bankruptcy).

Judicial enforcement mechanisms are such that during the proceedings, the accrual of interest is suspended, and the amount of the debt is fixed. The new debt repayment schedule is being discussed with the financial managers, who for the most part are always ready to compromise.

Myths about loan defaults

To reassure readers, I want to immediately refute a number of the most common "horror stories" with which some bank employees and collectors like to scare gullible customers.

If you default on your loans, the following will NOT happen to you:

• no one will break your legs, cut out a kidney or kidnap your children: at the moment, not a single case of real physical violence against debtors by collectors or banks has been recorded;
• if you are not a persistent defaulter, you will not be put in jail and will not be given a suspended sentence - when they say “trial for non-payment”, they mean arbitration court, not criminal prosecution;
• social workers will not deprive you of parental rights;
• your relatives will not be liable for debts (unless they were guarantors).

In other words, non-payment on loans is a purely financial problem that concerns only the debtor and the credit institution.

Read more about the mechanisms and consequences in a special article on our blog.

However, a frivolous attitude to unpaid debts is also unacceptable, as are fears and panic. It will not be possible to do without unpleasant moments, but you can prepare for them in advance.

Legal aspect of the issue

The protection of the rights of the debtor is the work of the debtor himself, as well as the lawyers and anti-collectors involved by him. No one will help borrowers for free, but it is in their power to study the legal aspects of insolvency and skillfully use the knowledge gained.

The Law on Bankruptcy of Individuals in the Russian Federation came into force at the end of 2015. Before that, all conflicts between banks and borrowers were resolved on an individual basis within the framework of general federal legislation.

The need to recognize the bankruptcy of individuals (including individual entrepreneurs) is ripe in connection with the development of the institution of lending in the country. Consumer loans available today to everyone, and millions of citizens have already taken advantage of this opportunity.

Purchasing power has grown, but not all borrowers are able to realistically assess their financial potential. This is partly due to the low level of financial literacy of the population.

Abroad, the credit system has been operating for a good hundred years; the inhabitants of our country have not yet developed a proper attitude towards debt issues. In the middle of the 2000s, citizens took loans, as they say, "packs", almost without thinking how they would pay them back.

The results of this approach to loans are disappointing:

• almost a third of the population of the Russian Federation (about 40 million) has debts to banks or MFIs;
• of this number, 5-6 million have the status of non-payers - that is, they constantly or periodically violate their debt obligations.

Relations with the bank after the formation of overdue payments usually develop according to the following scenario:

1. Pre-trial stage. At this stage, the debtor is subjected to psychological pressure, and sometimes threats from creditors. Lawyers advise, if possible, to document all the actions of bank employees, so that in which case you have something to contact law enforcement organizations with.
2. Judicial stage. The bank has the legal right to recover money through the court. For the duration of the process, the debtor's property (material assets and accounts) are subject to arrest.
3. Post-trial stage. Depending on the decision made in court, the debtor is subject to certain sanctions.

If the debtor behaves competently at all stages, the consequences of non-payment on loans will be minimal. If you choose the wrong line of behavior, bankruptcy will take away a fair amount of strength and nervous energy from you.

2. How money is collected after the trial - the main stages

Before proceeding to the stage of collecting money after the trial, I will talk a little about the pre-trial actions of the bank.

If you decide not to pay your bills or can't do it for reasons beyond your control, don't expect the banks to forget about the debt and leave you alone.

Within a couple of weeks after the first delay, an SMS reminder from the bank will come to your number. Then employees will call you. At first, these appeals will be correct - you never know, maybe you really just forgot to transfer money from the account. Then the reminders will become tougher.

Some clients at this stage choose a fundamentally wrong line of behavior - I call it the "ostrich position". They do not answer calls, ignore SMS calls and generally hide their heads in the sand, apparently believing that the problem will resolve itself, like a seam after a hypnotherapist session.

I assure you it won't fade. The number of calls will only grow, and after a while your case will be transferred to the collection department of a financial company or collectors. These structures act almost similarly - they put pressure on the debtor with all possible ways without letting you relax.

Correct lines of conduct at the pre-trial stage:

• negotiations with the bank;
• mutual concessions;
• compromise solutions.

This does not always lead to the desired results, but at least it saves your nerves.

And then - even if it comes to court, it's not a disaster. Yes, your life will change, but it is in your power to get out of the financial impasse with the least losses.

Let's move on: the court held scheduled hearings on your case, considered all the circumstances of non-payment and delivered a verdict. Usually the court decision is unequivocal - the debtor pays a certain amount to the bank. How this is done depends on the particular circumstances of the case.

All details of the following after the sanctions are determined by the bailiffs. This instance has much more powers than the same collectors. In the hands of the bailiffs are the most powerful executive tools that allow them to achieve the main goal - the fulfillment of debt obligations.

I will talk about these tools in detail.

Stage number 1. Arrest of property

The arrest of movable and immovable property is an almost mandatory procedure if it comes to recognizing the bankruptcy of individuals and legal entities. The arrest is also imposed in cases where you took a loan secured.

Example

If you took a loan secured by your own car, the court has every right to seize your car. If you decide to sell it or hide it, you will become a hard-core evader and may face criminal liability for your actions.

After the arrest of the car by the court, the vehicle will be described by the bailiffs, and then sold at a free auction. The proceeds from the payments will be used to pay off the debt. If extra money remains after the sale, they will be returned to the owner.

But even if there was no talk of any collateral during the execution of the loan agreement, property can be arrested - in those situations where it is impossible to pay off debts in any other way.

Can bailiffs take away an apartment for debts? Only if this housing is not your only place of residence. In addition to housing and transport, bailiffs have the right to seize household appliances, furniture, and jewelry.

What happens if the debtor has no valuable property? Banks and bailiffs will look for other options for repaying the debt. They will make inquiries to the tax and financial institutions to find out where you work, salary and bank account status.

Stage number 2. Foreclosure on money

Foreclosure on the finances of debtors is an effective tool for repaying debt. In terms of efficiency, it is not inferior to the arrest and sale of valuable property of insolvent borrowers.

Having learned in which banks the citizen has accounts, the bailiffs have the right to arrest them and transfer the funds to the creditor. The right applies to any deposits, except those for which social payments and state benefits are received.

Such accounts can also be arrested, but after the source of funding is clarified, restrictions are removed from them. The debtor has the right to challenge the decision of the court by contacting the relevant services.

Stage number 3. Indexation of the amount of debt

The essence of this stage is as follows. Without indexation, a person who borrowed 100 rubles 10 years ago pays the lender exactly this amount.

However, as a result of inflation, devaluation and economic crises the real value of the mentioned amount is reduced several times. The debtor will be the winner, the creditor will be the fool.

Against the background of the permanent instability of the ruble, the indexation of the amount of debt is of particular relevance. Such a decision is usually made in cases where the court verdict on the fulfillment of debt obligations has already entered into force, but the debtor for some reason did not fulfill it or fulfilled it only after a few years.

The threat of indexation is a kind of incentive for debtors to execute judgments more quickly.

Stage number 4. Direction of the writ of execution at the place of work

The essence of such an executive mechanism is extremely clear. When a citizen does not have valuable property and money on deposits, this does not mean that banks will forgive him all his debts. You still have to pay bills.

At the place of work of the person, the bailiffs send a writ of execution, which prescribes the deduction of part of the amount from the salary due to the debtor in favor of the creditor. Usually this is 50% of the official salary. Through the court, you can achieve a reduction in the percentage of payments, but it will not be possible to completely cancel such a decision.

Stage number 5. Restrictions on rights

In addition to collecting money, there are other mechanisms for influencing negligent borrowers. For example, they are prohibited from leaving the country until their loan debts are paid in full.

Persons declared bankrupt are prohibited from holding managerial positions for a certain period of time.

Of course, bankruptcy negatively affects the credit history of a citizen. It is unlikely that he will be able to take new loan if he was already on trial for non-payment of a previous debt.

Stage number 6. Forced eviction

The bailiffs have to take the apartment and evict the owner only if this is not the only housing of the debtor. In addition, the amount of debt must be comparable to the price of real estate.

Example

If the debt is 300 thousand rubles, and the cost of the apartment is 10 million, the court is unlikely to insist on the withdrawal of housing, but will try to resolve the issue in a different way.

Real estate will not be taken away also if part of the living space belongs to minors or those are at least registered in the apartment. Social guardianship bodies strictly monitor the observance of children's rights.

Bailiffs rarely resort to the housing inventory procedure, but in theory such a situation is quite possible. The process of eviction takes place accompanied by witnesses. If the debtor refuses to leave his native walls voluntarily, forced action by law enforcement agencies is allowed.

We have considered all the negative consequences of non-payment of loans, now it's time to tell you how you can avoid situations that are undesirable for borrowers or at least reduce the damage.

The recipient of the loan has the right to cancel the agreement if violations are found in it. Sometimes, with the help of professional lawyers, debtors manage to cancel the extortionate charges of banks and fix the amount of debt.

In rare cases, it turns out even to completely refuse payments - if gross violations are found on the part of the credit company.

The problem is that only specialists can find loopholes in legal documents, and their services cost money.

When the bank transfers your debt to collectors, a good option to reduce the damage is for someone close to you to buy the debt.

Not all borrowers are aware that such a way to resolve the issue exists at all. However, the redemption procedure is quite legal and is similar to that when transferring bank debt to collectors.

The minimum redemption is 20%, the maximum is half. The law allows the redemption of debt by legal entities.

The best debt solution. Banks often meet their clients halfway if they pursue a policy of openness and do not shy away from negotiations.

There are several types of peaceful conflict resolution:

• debt restructuring;
• refinancing - obtaining a new loan to cover the previous loan;
• deferment of payments (credit holidays) - sometimes the bank allows customers to postpone the repayment of the debt for a year or two (only interest is charged during this period).

It is easier to find a compromise for loyal customers who have not previously allowed delays in payments.

Advice 4. We restructure credit debt

The most common compromise solution. Restructuring is a set of measures designed to stabilize the financial status of the debtor.

Here I will briefly indicate what measures are being taken to restore the solvency of a citizen:

• reduction in the amount of monthly payments;
• increase in the total term of the loan;
• cancellation of fines for a certain period.

Restructuring is one of the favorable outcomes of bankruptcy cases.

Insolvency means that the debtor has no real ability to repay the debt. When a person becomes bankrupt, his property and accounts are seized. Next, the procedure for the sale of assets is assigned.

Valuation of the property is carried out by an official - a financial manager. He also appoints the time and method of selling valuable things in favor of the creditor.

4. Who can help if there is nothing to pay on the loan - an overview of the TOP-5 anti-collection agencies

People who are in trouble financial situations are assisted by law firms specializing in bankruptcy and civil insolvency. Such organizations are called "anti-collectors".

I bring to the attention of readers a list of 5 most competent and popular law firms in the Russian Federation in this area.

1) OFIR

A company headquartered in Moscow that provides services to individuals. Solves all issues related to overdue bank loans and outstanding debt obligations.

Assistance of professional credit lawyers (anti-collectors), support for citizens in difficult financial situations, work with banks, collectors, micro-loan organizations, leasing agencies.

2) First Anti-Collection Agency

A firm dealing with debts of citizens and legal entities to banks, MFIs and leasing companies. The name of the company speaks for itself - any anti-collection services, legal write-off of debts to individuals and legal entities.

Confidentiality guarantee, 24-hour professional consultations of lawyers and bankruptcy specialists. Experience in handling complex financial and legal cases that other anti-collection companies have abandoned.

Qualified assistance in solving any problems of borrowers. Among the advantages of the company is a large staff of experienced lawyers and the possibility of remote consultations with employees.

The bureau employs only professional and experienced lawyers specializing in the bankruptcy of legal entities and individuals. Solving issues and conflict situations related to pressure on citizens, collectors and bank representatives.

Professional protection of citizens in the fight for their legal rights in relation to all kinds of debts. The motto of the company is "The law is on your side."

The company employs lawyers with the highest qualifications, experience in bankruptcy cases and thorough knowledge Civil Code. Guaranteed quick resolution of any conflict situations, reduction or cancellation of fines, restructuring of debt obligations.

Full cycle agency with an office in St. Petersburg. The main specialization of the company is the bankruptcy of citizens (individuals).

The agency protects borrowers from the actions of collectors and banks, returns illegally taken fines and commissions. The company specializes in "turnkey bankruptcy" taking into account the client's budget. A course towards a complete and most beneficial solution for debtors to a credit problem.

The availability of credit has led to the fact that hundreds of thousands of customers have received loan obligations. Receiving funds from the bank, citizens count on a quick repayment of the debt, but often the solvency only worsens, a debt is formed, penalties are charged. Allowing delays, the client thinks about what will happen if the loan is not paid, if further payments are no longer possible.

Recent years economic situation the majority of the population is not happy with the financial prospects. Decrease in income levels, rise in prices and tariffs in certain segments of the economy, decrease in turnover and profits of entrepreneurs, loss of employment by employees - these are the circumstances that most non-payers on consumer and targeted loans (car loans, mortgages, etc.) face. The problem of non-payments is becoming widespread, which requires the adoption of additional financial protection measures both on the part of the borrower and the bank.

Some banks resort to mass actions to refinance debt on loans taken from other banks, while others persistently offer to issue insurance policies for the period of lending, others offer loans with the registration of collateral.

For individuals, the situation is complicated by the fact that the most popular type of lending was credit cards issued almost on demand, without income statements and any additional efforts on the part of the person. The presence of "easy" money allowed for a while to compensate for the deterioration of the financial situation, however, as the funds on the card were spent and the loan period increased, the amount of debt grew like a "snowball" over 1-5 years. Attempts to refinance in another bank led to the formation of more and more debts and obligations to pay interest to the bank. In the absence of timely active actions, the debtor of banks fell into a situation of bankruptcy with further negative consequences for at least 5 years.

The seriousness of the situation makes it necessary to pay special attention to lending in the new conditions, when the risk of losing a job or losing other sources of income is very high.

What to do for those citizens from among the 25% of the population of the entire country who have been in a very unpleasant situation for years is decided based on the specific situation, taking into account the available opportunities to resolve the issue peacefully or through the courts. The main thing to understand when the amount of the monthly payment exceeds the monthly income is that the problem cannot be resolved without the active participation of the debtor in it.

Consequences of non-compliance with financial obligations to the bank

For many borrowers, faced with the inability to service the debt accumulated before the bank, the situation looks like a catastrophe. A correct assessment of the situation and the choice of the right decision will allow you to get out of a long vicious circle of endless fines and proceedings.

The termination of payments on loans leads to active actions of banking services that require funds to pay off debts and pay fines. If the pre-trial settlement did not have results, the solution may be to go to court. This will stop the process of accruing interest and fix the amount of accumulated debt. In the future, the parties (creditor and debtor) will be able to resolve the problem on the basis of a court decision that will take into account not only the interests of the bank, but also the position of the debtor, if he presents sufficient evidence that non-payments arose for objective reasons beyond his control.

If there is nothing to pay the debt, and the amount only increases, it makes sense to think about conducting bankruptcy proceedings. However, the process is quite lengthy and takes a lot of effort. In addition, the consequences of bankruptcy will negatively affect the life of the borrower over the next 5 years or more.

Bankruptcy or restructuring?

Having appeared relatively recently, collection activity has made a certain stir among many non-payers of credit organizations. Sometimes their methods of work border on violations of the law (threats, blackmail, extortion). In 2015, a law was adopted that directly related to the bank's debtors - "On Bankruptcy".

The provisions of this law clarified the issue of regulating the relationship between debtors and creditors, which were previously based only on general provisions legislation. As a result, clients unable to pay all debts to banks were able to initiate bankruptcy proceedings.

For credit institutions, such a solution to the issue means the risk of a complete non-return of funds. Debt cancellation is an extremely undesirable measure that is unprofitable for the bank, so the lender, just like the client, is interested in stabilizing the situation and finding a way acceptable to both parties.

Based on the dynamics of the growth of non-payments, credit institutions more willingly began to use various options that made it possible to stop debt collection actions, with compensation for losses in smaller amounts, for a longer period and with lower interest. As never before, various restructuring and refinancing programs with deferred payment or a maturity longer than the original, cancellation of penalties are popular. The success of regulating the issue of non-payments to the bank largely depends on the client himself - the sooner the borrower starts negotiations with the bank and reports financial difficulties, the less consequences this will lead to.

By ignoring the bank's calls with reminders to repay the debt, the borrower forces the bank to take more stringent measures - letters and SMS informing, charging penalties, and, as a result, filing a lawsuit demanding payment of the debt to the court.

At the stage of negotiations with the bank, unpaid loans will force the bank to use a wide tool of measures to influence the client:

1. Write-off of debt from the client's accounts (if any, as well as the inclusion in the loan agreement of a clause that gives the bank such a right).
2. Appeal with the requirement to return the debt to the guarantor, co-borrower, guarantor.
3. Assigning the issue of debt recovery to collection agencies (without debt redemption).
4. Litigation (with a debt amount of up to half a million, the case will be considered in the magistrate's court within 10 days, in the absence of an appeal, the court decision is transferred to bailiffs for execution).
5. Presenting claims to other persons involved in the loan (guarantors and co-borrowers). If there is property, the debt will be repaid by seizing and further selling the property of the debtor, borrower or guarantor.
6. Registration of the assignment of the right to claim - the signing of an assignment agreement, as a rule, with a collection agency. As a rule, the collector redeems debts in large volumes, since it is far from always possible to repay the debt in full and with interest. Losses on one of the repurchased debts can be offset by gains on other debts.

These measures refer to the actions of the bank to compel the payment of the debt. However, the issue can also be resolved by peaceful agreements. The decision whether to apply to a third party (collectors or the court) to receive funds is made individually.

The general scheme of actions of a bank faced with non-payments is as follows:

1. Actions before going to court. The borrower experiences psychological impact from various services of the bank. It is recommended to document all negotiations with the bank (recording of telephone conversations, preservation of written evidence of exceeding legal authority by the bank).
2. Litigation. If the preliminary stage of influencing the debtor is not successful, the creditor goes to court. For the period of judicial review, all property of the debtor is under arrest.
3. Actions based on a court order. At this stage, work on the recovery of the debt is carried out by bailiffs.

It is important to choose the right tactics of action, as incorrect behavior will have even more serious consequences for the debtor.

Deciding not to pay the loan will not solve the problem with the debt. Even if a person cannot make a payment for objective reasons, the credit institution will definitely remind you of the obligations.

After the borrower has not paid the next installment, a call will come from the bank, numerous SMS notifications will be sent demanding to pay the debt.

If the client stops responding to calls, the bank will act more harshly. The debt will be transferred to a special collection department, or the bank will turn to collectors, whose methods of influence sometimes exceed the limits of legal and reasonable.

The best option for both parties is to reach a compromise solution and be open to the creditor.

Do not waste your nerves by talking in raised tones. Sometimes intimidation by the court is a more desirable way of resolving the issue if the bank is not going to make concessions and does not offer acceptable ways of repayment. When a person does not pay for a loan, what will happen to his debt and how to repay it, the court decides.

After the court has considered the case and made a decision, the bailiff service is connected. As a rule, the court decision obliges the debtor to return the money to the bank, however, for the defendant, the fact that the amount has already been fixed is a positive thing, and if there are good reasons, the amount of the debt does not include accrued interest and exempts from paying fines. In order to receive relief from the court, the defendant must prove that the formation of debt is associated with serious reasons: loss of work, health, other sources of income, death of the main earner in the family, etc.

Having received a court order for execution, bailiffs have the right to:

1. Take the property of the guilty person and organize a sale, and pay the debt to the bank with the proceeds.
2. Seize accounts by forcibly sending part of the funds from them to compensate the debt to the bank.
3. Settle the procedure for collecting debt from the defendant's income.
4. Restrict the right to travel abroad.

Until recently, former clients of the bank could hope that the arrest of the only housing is impossible. However, at present, even such housing can be used to generate additional income, which would be used to pay the debt to the bank. It is within the competence of the bailiff to seize such property and prohibit the right to dispose of it until the debt is paid.

Taking a loan and not paying for it will not work at all. The lack of any action and ignoring the problem only worsens the position of the debtor. Meanwhile, there are many ways to get rid of debt, even with a significant decrease in solvency.

Faced with a further inability to service the debt, the client decides:

1. Completely refuse payments.
2. Go to negotiations with the bank in order to provide acceptable terms for repaying the debt.

Sometimes the situation looks so deplorable that it is easier to get a court order that would take into account the situation of the client than to continue to carry an unbearable burden. It is strongly recommended that you involve a lawyer in the settlement of the issue or seek help from experienced bankruptcy professionals.

No matter how hopeless the situation may seem, for a debtor who has taken a loan from a bank, there is always a way out.

The following tips will help the defaulter improve their situation:

1. Rupture or revision of relations with the bank under the contract. Sometimes a careful study of the contract allows you to cancel the contract when it finds clauses that violate the provisions of the law. In some cases, it is possible to get rid of commissions, penalties, fines, fix the debt.
2. Debt redemption. Not everyone knows that not only a collector can take a debt for a debtor. A similar right has the right to declare before the bank one of the relatives of the debtor. As a rule, the amount of debt upon redemption is much less than the actually accrued - from 20 to 50%. In addition, legal entities are allowed to redeem debt.
3. The use of restructuring measures in the framework of reaching amicable agreements with the creditor (refinancing, credit holidays, restructuring). These measures will make it possible to achieve a reduction in the amounts paid, to cancel fines, and to increase the term of debt repayment.
4. Declaration of bankruptcy. Thanks to the adopted federal law, the process of declaring an individual bankrupt received tools for legally solving the problems of a defaulter. Bankruptcy of an individual is the recognition of the insolvency of a citizen as a payer, which entails the impossibility of repaying the debt.

When deciding for yourself whether it is possible not to pay a loan if you initiate your own bankruptcy, you should not assume that this procedure will get rid of the problem without any consequences. This process serious and associated with the transition of the client to a special legal status.

There are many organizations involved in declaring a debtor who does not pay a loan bankrupt. It may make sense to delegate the conduct of cases to experienced lawyers specializing in this area.

The following measures will be taken as the consequences of declaring a person bankrupt:

• property belonging to the non-payer is arrested;
• a ban is imposed on the disposal of funds on accounts;
• existing assets are subject to further sale in order to repay the debt to the bank;
• management positions will be closed for the bankrupt debtor within 5 years;
• for 5 years, a restriction on travel abroad is imposed.

When deciding on bankruptcy, it is necessary to understand the risk of losing all existing property and valuables, savings. For this reason, on the eve of the bankruptcy procedure, it is necessary to carry out a number of measures to dispose of property, if, of course, it is available.

The main conditions for declaring a person bankrupt are:

• achieving a debt of half a million rubles;
• accumulated late payments over a three-month period.

Proceedings are conducted in the arbitration court to which the debtor is territorially related. The corresponding application will be the basis for bankruptcy.

If you do not pay the loan to the bank, even if there are very good reasons, the debtor needs to be ready for the debt settlement process. Using one of existing schemes decisions, the former client of the bank must draw certain conclusions: there is no free money, and the consequences of “easy” money can complicate life for a long time, even if you manage to resolve the issue with the bank with the least losses for yourself.

Share

Share

Hello! In this article we will talk about the consequences of non-payment of the loan.

Today you will learn:

1. Is it possible to refuse own debt;
2. What awaits the borrower after several delays;
3. How money is collected from the non-payer;
4. Is it possible to lose an apartment if the mortgage is not paid;
5. In what cases is it allowed not to pay a loan to a bank.

Is it worth paying loans?

Most of us have dreams in our lives that are impossible to achieve with the income that is paid monthly at work. However, for a long time people find a way out of such situations. For these purposes, they borrow from relatives, seek or simply engage in fraud.

In recent years, bank credit has been gaining momentum. This is an opportunity for everyone to make an expensive purchase today, and pay for the purchase in small installments for several years.

When applying for a bank loan, many are sure that there will be no problems in the future with their financial solvency. Luck is not always on the side of such individuals, and some events unsettle the payers on the loan and make them shy away from making monthly payments.

The result of delays and non-payment are annoying calls from the bank and even unexpected visits to the place of residence. Such circumstances will please few people, but if there is nothing to pay, then you will have to face it.

Why do people appear who want to “knock out” money from you at all costs? The thing is that you signed an agreement at the bank, which clearly indicates the terms of payment, the amount, your passport data and other information. You borrowed money legally - please pay it back in due course.

Violation of the clauses of the contract is a failure to comply with the law, followed by liability. When applying for a loan, you must clearly understand the possible consequences. Borrowing other people's money is a serious step that can ruin your life in the future.

You have assumed responsibility, and therefore the law obliges you to fulfill it within the framework of the agreement signed with the bank. In life there are different situations, and some of them may release the debtor from paying the loan.

However, the procedure for waiving the debt will not pass without unpleasant consequences. Let's take a closer look at these implications.

What will debt default bring?

After the first delay, bad news definitely does not await you. In this case, a bank representative will call and politely report the existing debt, as well as specify the next payment date and the amount to be paid.

However, if the non-payment period lasts for several months, then you should not expect concessions from the creditor.

Depending on the amount and credit conditions, the defaulter may have the following consequences of payment evasion:

• Calculation of penalties and fines. This is the most harmless option. As soon as you pay at least part of the required amount, the bank will lag behind you, however, for a short time;
• Constant calls from the bank. You will be regularly informed about the debt and asked about the estimated date of depositing money;
• Restriction of some rights. For example, you will not be able to leave the borders of the country;
• Requirement of the bank to pay the entire amount of the debt ahead of schedule. In this case, the credit institution terminates the agreement with you unilaterally and informs you that the monthly payments are cancelled. Instead, you need to deposit the missing amount at one time;
• Claiming the amount of debt from the guarantor. If he cannot pay the required amount in full, then you will be responsible for the debts together. For example, if your ex-husband or spouse does not pay the loan, then the responsibility will fall on your shoulders when registering you as a guarantor;
• Sale of debt to collectors. In this case, a special intermediary buys your debt from the bank and then tries to get you to pay. Collectors live due to this, and therefore they “get” their “clients” in every possible way. They can call you at night, come to your place of registration or residence, send letters asking for payment. It is important to understand that the activities of collectors are regulated by laws, and violation of the latter will allow you to go to court. Know that you are not obliged to do a favor to collectors by naming your contacts, if you did not give consent to the bank to sell the debt;
• Arrest of property. If the bank has filed a lawsuit against you, your home, equipment, car and other property may be arrested before a decision is made;
• Forced sale of property. If the court makes such a decision, then your property will be forcibly sold at auction at a low cost to cover the existing debt;
• Criminal liability. If the amount of debt is more than 1,500,000 rubles;
• The court can issue a decision on forced labor for up to two years or arrest for up to six months.

The borrower should be aware that another delay significantly spoils his credit history. The chances of getting a loan in the future become zero. Credit history one for all banks, which means that information about your overdue payments will be sent to all authorities, and hardly anyone will want to issue a loan to you in the future.

What happens if you do not pay the loan depends on several factors:

• Amounts of debt;
• term of default;
• Who owns the purchased property or other large property (if you are married, and, for example, your wife does not pay the loan, you will also have to be responsible for her actions);
• How many debts the debtor has and in which banks;
• Are there guarantors and collateral?

The consequences of debt evasion are quite unpleasant. However, you must be aware that no one has the right to threaten your life and health, as well as your loved ones.

If some people who call themselves collectors threaten to harm you, feel free to file a statement with the police, as these actions are illegal.

Of course, you are also a violator, but illegal actions against you are not allowed. For example, if your son does not pay a loan, this is not a reason for collectors to call you.

Also, the debtor needs to behave competently with bank representatives and collectors. If you don't answer the phone, open the door, and otherwise avoid answering, it will only turn people against you, which can lead to the most severe punishment possible.

Be sure to contact the collectors and the banking security service: do not conceal any events, tell us about your failures and life situation. Perhaps things are not so bad, and a way out can be found together.

How is the forced return of the debt

If you do not pay your debts for a long time, this does not mean that this will continue until the expiration of the banking agreement. Authorized persons will do everything possible to return the money you spent. The most effective way for this is a forced return of funds, which is possible only by a court decision.

The sequence of actions of the bank in this case is as follows:

• To begin with, representatives will verify your real insolvency (this is done by the security service);
• After at least three delays, the bank writes a statement of claim to the court;
• The decision of the judicial authority in 99% will be in favor of the plaintiff, which means that you will have to return the amount declared by the bank.

The decision of the court may decide:

• Forced withdrawals from any bank account you have (if you have it, of course) . Here, not only the creditor bank is considered, but also any other where you keep your own funds (salary accounts, deposits, etc.). Only the money received as social payments or state financing will not be suitable for the purposes of withdrawal;
• Arrest of property. For example, your apartment is put up for public auction. When a buyer is found, the amount he paid covers your debt. You are left without debt, but without a share of the property.

If your debt is 100,000 rubles, the arrested property is valued at 5,000,000 rubles, and there is nothing to pay on the loan, then, of course, no one will sell the apartment at auction. In this case, the bank will find another way to get money from you.

What happens if you don't pay your mortgage

Let's see if it's possible not to pay a mortgage. It is believed that the bank has the right to sell the defaulter's housing only if there is other real estate for living.

Also, many people think that if minor children are registered in the apartment, then the bank cannot encroach on mortgage housing. However, these rules apply to regular loans.

Mortgage allows the bank to dispose of the collateral at its discretion under any circumstances.

If you do not make one payment, then calls from the bank will begin asking you to make a payment. The second delay will be a "call" for the credit institution to file a lawsuit in court. For the third month, documents for the non-payer are submitted to the judicial authority.

The bank has the right to sue if:

• The debt amount exceeds 5% of the debt amount;
• The term of the debt exceeds three months.

At the same time, banks are reluctant to go to court. This is due to the fact that this action is unprofitable for them. According to the results of the court, a decision is made on the sale of housing at public auction.

The proceeds will be used to reimburse the bank and pay legal costs for the auction. As a result, the money received will be much less than the amount that was originally issued by the bank.

If the property is not sold in the first month of trading, then its value is reduced by 15%. Further, the price will decrease by another 25%. Such consequences lead to the fact that banks are trying to resolve the situation out of court.

If you find yourself unable to bear the burden of a mortgage, don't put off going to the bank. Explain the current situation, provide documents confirming your disadvantageous position. Banks are willing to meet their customers.

In this case, you will be prompted:

• Pay only the principal amount. As soon as your financial condition will improve, you will be able to pay interest;
• Extend the term of the loan;
• Temporary delay in the payment of the monthly payment until the circumstances improve.

The sale of housing through auction is an extremely rare occurrence, and therefore the debtor has every chance of leaving the apartment in the property.

There are also cases when the payer is pledged to the bank. Instead, real estate is bought for a smaller amount. The difference in the purchase and sale price is given to the bank to offset the debt.

It is important to contact the credit institution in time and resolve the issue before filing a claim.

Does the law allow not to pay a loan

If the situation of paying the loan is out of control and there are no funds to deposit to the bank account, there is still a way out of this situation. And he is not alone.

Depending on the circumstances and the reasons for the delay, you can use several ways to avoid payments for a while or to get rid of them altogether.

These include:

• Debt restructuring. , you went on maternity leave, you can draw up a statement about the impossibility of repaying a loan to a bank. To do this, you will need to provide documents officially confirming your insolvency ( work book, for example). Credit organisation will meet you halfway by increasing the term of the loan, reducing the amount of the payment or exempting you from paying penalties for a certain period. If you write (or so it will be on paper), then this will not be a reason for restructuring;
• Debt refinancing. You go to another bank and get a new loan on more favorable terms (usually at a lower price). interest rate). The new bank buys your debt from the lender, to whom you repay the loan;
• Sale of obligations. You can resell your debt to another person. For example, you took a car on credit, but you understand that you won’t be able to pay it off. There is a person who wants to ride your vehicle and pay well for it. If banking organization satisfied with this candidacy, then you will pay nothing more. If your husband does not pay the loan, and you do not want to participate in his relationship with the bank, then you can find a buyer for his debts and forget about this problem;
• . Since 2015 individual has the right to declare himself bankrupt. This is a rather complicated procedure that requires a large package of documents and long trips to authorities. The decision on your insolvency is made by the court. Based on the results of the meeting, it will be decided to sell your property at public auction, and transfer the proceeds to the creditor;
• Termination of a banking agreement if there are errors in it. To detect them, you will need a competent and experienced lawyer who will find a clue that allows you to completely refuse payments. True, the services of a lawyer in this area will be expensive.

Conclusion

Now you know how not to pay a loan legally and avoid serious punishment. The main thing is to competently approach this issue, and you should not behave with the bank as if you do not owe it anything.

If you issued the amount in your name, then you should not risk your own nerves, constant worries and thoughts about an inconspicuous future for it.

Do whatever you can to avoid defaulting on your loan. If they are admitted, then take timely measures that will allow you to maintain an honest name and will not lead to serious trouble.

What does “failure to pay a fine” mean, and how long does it take to pay it?

Fines for traffic rules are administrative, and the Code of Administrative Offenses sets the deadline for their payment at around 60 days: according to clause 1 of Article 32.2, “an administrative fine must be paid in full by a person brought to administrative responsibility no later than sixty days from the date of entry into force of the decision to impose legally binding administrative fine. Another 10 days is given to the car owner to appeal the violation - thus, the maximum total period for paying the traffic police fine is 70 days. At the same time, as you know, during the first 20 days there is an opportunity to pay.

It is worth noting that the period for paying the fine begins to count down regardless of whether the driver received a copy of the violation protocol or a letter demanding payment of the traffic police fine, recorded by an automatic camera. After lying at the post office for the prescribed period (usually 30 days), a registered letter is sent back, and the countdown for paying the fine begins.

What happens if you don't pay the fine on time?

If the fine is not paid within the above period, this is considered non-payment and is punishable under Article 20.25 of the Code of Administrative Offenses of the Russian Federation. Paragraph 1 of this article states that “failure to pay an administrative fine within the period provided for by this Code shall entail the imposition of an administrative fine in the amount of two times the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for up to fifteen days, or compulsory work on up to fifty hours." In this case, the case of an unpaid fine passes into the hands of the FSSP - that is, bailiffs. “Twice the size” of the collected fine means that in addition to the unpaid fine, another one is added for the same amount - for evading the payment of the first one. Well, and compulsory work can be assigned already in court.

However, not everyone can be sent to jail for non-payment of a fine: a note to this article clarifies that it is impossible to send under arrest an offender who has not paid a fine received from an automatic camera: “administrative arrest, provided for by part 1 of this article, cannot be applied to a person who has not paid an administrative fine for committing an administrative offense provided for in Chapter 12 of this Code and recorded using special technical means operating in automatic mode, having the functions of photography and filming , video recording, or means of photographic and filming, video recording.

What happens if you continue to ignore incoming fines?

As mentioned above, already from the moment of non-payment of the first fine, the collection of what is required by law is carried out by bailiffs: they can collect the debt from the accounts of the debtor on the basis of a court decision, block it bank cards and bills before paying the fine. However, if we are talking about one small fine, the case is usually limited to the enforcement of the required amount. But if the debtor continues to evade payment, while continuing to drive a car and receive more and more fines, the penalties may be more serious. For example, the FSSP may impose a ban on registration actions with the debtor's car, and if the amount of the debt exceeds 10 thousand rubles, then the bailiffs may decide on a temporary restriction on the debtor's departure from Russian Federation and temporary restriction on the debtor's use of a special right (that is, a ban on driving any equipment). The only exception in the latter case is the condition if for the debtor the deprivation of the right to drive the vehicle is equivalent to the deprivation of the only source of income - that is, for example, if he works as a driver or an official taxi driver.