When taking out loans, most expect to repay the debt on time. But situations in life are very different, and the client does not always repay the debt on time.

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In this case, the bank is forced to resort to forced collection. If the employees’ actions do not lead to the desired results, the credit institution will be forced to go to court.

What amount

In the event that a client stops paying loans to banks, there is often no choice but to go to court to demand forced collection of the debt. By and large, the amount of debt is not important for filing an application with the court.

It is worth understanding that courts always involve a huge amount of time. Of course, most banks have a legal service that will deal with problem clients. But every specialist needs to be paid a salary, and a borrower winning a lawsuit is not uncommon today.

Often, credit institutions prefer not to contact the courts if the loan amount is small. They would rather transfer the problem borrower’s case to collectors or their own security service. Such companies include, for example, banks UBRIR and SKB.

Even large banks rarely go to court if the loan amount does not exceed 50-100 thousand rubles. The logic here is simple. Loan fines and penalties simply may not cover the costs of litigation.

Some banks can sue even with a much smaller debt of several thousand rubles. Such organizations include, for example, OTP Bank, which is ready to sue even with a debt of 10 thousand rubles.

Court cases are not uncommon for large loans.

Let's consider when a bank sues a loan debtor most often:

• mortgage loan;
• car loan:
• long-term loans for large amounts.

After receiving a court decision, banks in this case begin enforcement proceedings. If the loan was issued with collateral, it will be seized by the bailiffs and subsequently transferred for sale at auction.

Which banks go to court?

The legislation allows absolutely any bank to sue debtors who have overdue payments. But in practice, it is mainly large credit organizations that value their own reputation who resort to courts.

Large banks do not need to contact collection agencies, because the financial institutions themselves may suffer from the actions of unscrupulous companies. Large players such as Alfa Bank have quite enough of their own resources to work with problem borrowers, including preparing documents for the court.

A situation is possible when clients of a bankrupt bank are transferred to another credit institution or are forced to pay the debt directly to the Deposit Insurance Agency. Many clients who applied for loans and cards from Svyaznoy Bank, which lost their license, encountered this situation.

Here is a list of banks that most often go to court:

• Sberbank;
• Gazprombank;
• Eastern Bank;
• Raiffeisenbank;

It should be understood that the larger the amount of debt, the greater the chances of receiving a summons to court if there are delays. The presence of collateral may also prompt the bank to file a claim.

Important! Confiscation of the client's collateral is a last resort if there is collateral. It is not profitable for most banks to sell property. Therefore, some financial organizations, for example, MTS Bank, specialize only in relatively small unsecured loans.

Time limits for a bank to sue a loan debtor

Russian legislation allows you to go to court the very next day after the loan becomes overdue. In practice, banks act somewhat differently. Going to court is completely unprofitable for them. Therefore, at the first stage, the security service will work with the problem borrower.

Large banks try to work strictly within the law and do not put undue pressure on debtors. But small financial companies, on the contrary, begin to intimidate the borrower who finds himself in a difficult situation.

Typically, security staff work with a problem client for 1-2 months. Based on the results of their work, if the debt is still not repaid, the client’s documents are often transferred to collection agencies, which already deal with him more harshly, receiving a certain reward from the bank. Usually this stage lasts another 4-5 months.

At the end of six months, if the debtor still does not start paying, then the bank decides whether to sue or simply suspend the debt, and then write it off after several years.

Which banks transfer debts to collectors?

Alas, there are a huge number of banks operating on the Russian market that are not clean. Often, such financial institutions impose deliberately unfavorable conditions, various commissions and insurances on borrowers.

Unscrupulous banks really don’t like going to court. After all, the borrower may turn out to be literate. In this case, all costs of the court will fall on the shoulders of the bank, and possibly also compensate for the penalty. To protect their own interests, such credit organizations resort to the services of collectors.

Let's consider which banks most often use the services of collection agencies, instead of going to court:

• Russian Standard;
• Tinkoff;
• Home Credit.

The actions of debt collectors are not always legal. Many of these companies resort to threats and pressure on the debtor and his relatives. In this case, there is no need to be afraid, but you should contact law enforcement agencies.

Of course, there are collection agencies among those who work completely within the limits of the law. But these are rather exceptions.

Does it make sense

Very often banks are not interested in starting litigation. There are quite logical explanations for this. Often, it is more profitable for borrowers to wait for the court and pay debts under a writ of execution than to repay them voluntarily.

Let's look at what the bank faces from litigation:

• costs of time and finances;
• the risk of being left with nothing;
• financial losses on interest and penalties;
• damage to reputation.

Each application to court requires quite serious work from the bank’s lawyers, because documents need to be prepared and sent. In the future, the case must be accompanied at every stage of consideration. Often this entails significant costs for paying employees and state fees, and it is simply unprofitable for the bank to go to court.

In some cases, the bank may be left without anything at all. According to statistics, about 10% of cases are won by borrowers. This is no longer very good for the bank, because the financial institution is not going to lose money at all. Interest and penalties will stop accruing as soon as the bank sends an application to the court. This also carries certain losses.

The situation is even worse with reputation. The presence of a large number of defaulters negatively affects the reputation of the bank, and investors refuse to invest in it.

What to do

Borrowers who encounter problems repaying a loan should not be afraid of the bank going to court. In practice, this is often quite beneficial for a client who finds himself in a difficult situation.

Let's consider what a borrower should do if faced with a statement of claim from a bank:

• calm down;
• try to find a competent lawyer who will defend the interests of the borrower in court;
• prepare documents;
• obtain maximum information from the financial institution.

You should never worry again. Going to court is only one of the options for a bank to protect its own interests. Going to court does not always cause problems for the client. But there is still no need to fight the system on your own. It is much better to find a lawyer who specializes in such proceedings.

A good lawyer will help you prepare the necessary documentation for the court. It is necessary to present to the court not only the agreement with the bank, but also the maximum number of additional documents.

If the borrower’s financial situation has worsened, this must be documented. This will allow you to refer to Art. 441 of the Civil Code of the Russian Federation and receive some privileges when paying off debt. It is also worth attaching documents about attempts to restructure the debt.

How long does it take for cases to be processed?

This category of cases is indisputable. Denying the loan and the fact of delay is not serious. The only thing the borrower can do is to challenge the amount of fines and penalties. As a result, a decision will be made in favor of the bank that receives the writ of execution. This is the name of the document on the basis of which forced collection of debt is carried out. It contains the main thing - the amount of debt to be collected. Then, the bank, as a creditor, will send a writ of execution to the bailiff service for direct collection of funds. According to the law, real estate is subject to collection (all property of the debtor is seized) and movable property. That is, audio-video equipment, computers, furniture, dishes, cars, jewelry are subject to inventory and seizure. There are cases when bailiffs even unscrewed light bulbs.

When a bank sues a loan debtor

In a difficult situation, it is better to contact the professionals of our company, especially if it concerns loan repayment and illegal actions on the part of the bank. There is no need to waste time proving something on your own.
This is a general unspoken rule. But there are also those banks that are ready to run to court over 20,000 rubles. Which banks sue debtors? Large banks value their reputation, so cooperation with collection agencies is not in their rules.

In general, it is not their policy to forgive debts to clients. Therefore, they send their savvy lawyers to court:

• Sberbank;
• Bank of Moscow;
• Gazprombank;
• Alfa Bank;
• Raiffeisenbank;
• Home Credit Bank.

The larger the amount of loans issued (for the purchase of a car, real estate), the higher your risk of receiving a writ of execution.

Should I be afraid of going to court with my bank?

In 2006, the bank sent me a credit card by mail; I was not in the city at that time. Upon arrival, it turned out that I Bank had filed a lawsuit for non-payment of a credit card.

I am not working at the moment because... while on maternity leave (child is 6 months old), the Bank filed a lawsuit over an overdue loan. The statement does not indicate that almost everything was kept for 6 months. The bank sued me for an overdue credit card.

Court with the bank. how to get fees and fines canceled and not be left without pants

Article 333 of the Civil Code of the Russian Federation. Reduction of the penalty If the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty.
The rules of this article do not affect the debtor’s right to reduce the amount of his liability on the basis of Article 404 of this Code and the creditor’s right to compensation for losses in cases provided for in Article 394 of this Code. Sincerely, Mikhailovsky Yuri Iosifovich. urist-prava.My YouTube channel: http://goo.gl/Crfv3z Personal consultation

• reviews: 33,867 Yes, it does.
  But if the statute of limitations has expired, the court will reject the claim. Personal consultation
• reviews: 20,699 Semyon, of course, files, and if the limitation periods have all passed, then you need to file a petition for the missed deadlines. Sincerely, Pautina E.Yu, tel. 89324074919 email.

What happens if you don’t pay the bank?

It’s unlikely that anyone wants to be “first in the number of debtors” in the market. Attention! The secret tactics of most financial institutions look something like this:

• Notice the delay;
• Do nothing, wait for it to increase;
• Connect the security service to collect the debt;
• Invite collectors;
• Go to court if all the above methods do not work.

If you are overdue on your loan and the bank has not made demands for it, it is too early to rejoice. He's just waiting for the time to give you a hefty bill.
How do banks sue debtors? What to do in such a situation? Usually they have everything “automatic” and it is almost possible to formulate a statement of claim electronically. What should you do when this terrible cloud hangs over your head?

1. Calm down and get the help of a lawyer.

Which banks sue debtors and which don't?

With the participation of a professional lawyer, the terms can either decrease or increase. For example, very often the debtor is faced with the task of prolonging the trial (and professional lawyers can “stretch” it for 18 months).
You can resolve a dispute with a bank without any problems or difficulties if you contact professional lawyers with experience. In the meantime, a sample plate just for you. Stage of the trial Its length in time, subtleties and nuances The banking organization submits the application to the court Beginning of the trial Preliminary court hearing From 1 week to 1.5 months (depending on the timing and subtleties, even the time of year) Main court hearing One meeting will “eat up” you have from 2 to 6 weeks. In general, it takes about 3 meetings to clarify all the details of the case. As a result, you can “store” another 18 weeks.
Remember the names of these financial institutions:

• Tinkoff;
• Russian Standard.

Is it profitable for the bank to start legal proceedings with you? It sounds strange, but sometimes borrowers are more interested in the proceedings than the bank itself. For a financial institution this is:

• Serious waste of time.
  Lawyers need to prepare a claim, send it, make sure that the court has taken everything into account, and so on;
• Enormous costs of funds (payment of state fees, work of lawyers, etc.). As soon as he goes to court, he must stop charging fines and penalties to the borrower.
  This automatically entails loss of benefits;
• Risks of ending up with nothing. Of course, in 90% of cases the banks win the case. But the remaining 10% of losses make them a little wary; Damage to reputation.

Thank you! Tell me, what should I do if a court order has been issued? I heard here that an application for cancellation must be written? but on what grounds can the cancellation be justified? and how do I know that the order has been issued? Is it sent by mail to the registration address? or what? And maybe it’s a stupid question, but does it still bother you? What can the bailiffs take away or seize? The apartment in which I am registered is privatized in the name of my mother, i.e. she owns it, I’m simply registered there, I didn’t participate in privatization, and I just live in Moscow…. those. It turns out that I actually have nothing, neither movable nor immovable property, right? The bailiffs can’t come to my mother’s apartment and inventory the property??? And the car is also for the mother... How will it be? The order arrives at the place of registration. Cancellation is very simple: write “based on Art. 129.

I ask you to cancel the order of the Code of Civil Procedure of the Russian Federation.” All.

OTP bank can sue the debtor

The seized property is assessed and sold at auction. If the money received is not enough for the bank, then the collection will continue. Of course, the law contains certain gaps that can be taken advantage of, but this is another topic. In the case of real estate, after its seizure, it is subject to assessment and ultimately sale.

The loan to the bank will be repaid from the proceeds. Moreover, the bailiffs will hunt for the debtor no matter how much time passes, exactly until the loan is repaid. Now to the collectors. Such organizations have long attracted the attention of law enforcement agencies. This is due to the use of not always legal methods to obtain debt. But, if the bank nevertheless turned to collectors, then you are protected by law. Collectors have the right only to use persuasion to pay off a debt on a card or loan.
This is under standard circumstances. It happens that the process takes on new notes and a different turn. The borrower files an appeal after the court's decision. It takes 2-4 weeks. The court considered the appeal. Approximately 3-8 weeks. Thus, the legal battle could last almost 40 weeks. It is important for you to attend all meetings in order to defend your interests if necessary.

You should not take out loans from a bank if you are going to refuse payments without objective reasons. In this case, it will be difficult for you to win in court; Themis will side with the bank’s defense.

And you will simply create a huge number of meaningless problems for yourself, which will be quite difficult to eliminate. Remember that loans are evil. Unfortunately, this is a necessary evil in the modern world. We wish you to get rid of them as soon as possible and live a normal life, breathing deeply and enjoying financial solvency.

This point is of fundamental importance for the court, and it is important for you to prove the fact of loss of income. How to win a lawsuit against a bank?

1. Clarify all the details.

   You cannot hide from employees of a financial institution. Come upon their request, clarify all the nuances and subtleties of the work, your debt and other details.

   Remember the well-known rule: “Forewarned = forearmed”;

2. If the reason for the delay was objective circumstances (loss of a job, the occurrence of a serious illness, military service, etc.), we prepare all the documents and present them to the court. Often Themis takes the side of the injured party (debtor);
3. Collect receipts and checks indicating payment.

   This will allow you to demonstrate to the bank that you made all payments correctly.

If you are being defended by an “experienced” lawyer with solid experience, then you can relax a little. But you shouldn’t go against the system on your own: there is a risk that it will simply “break” you;

• Collect all documents. This should not only be a concluded loan agreement, but also certificates confirming the deterioration of your economic situation (work book as evidence of loss of a source of income, and others). In general, everything that confirms a decrease in your income will be useful. Everything turns out absolutely correctly and legally: we refer to Art. 451 Civil Code.
An example from life. Let’s say that when concluding a loan agreement, your monthly income (confirmed by certificates and documents) was 50,000 rubles. The bank checked everything and gave you a loan in the amount of 1,000,0000 rubles. You regularly paid the amounts due, but after 6 months your income dropped to 25,000 rubles.

One of the latest, and as it may seem most weighty, arguments of various collection services and collectors is the horror story about the court. That's it, you don't pay, the bank sues. Oh, scary, don't, I'll pay.

Let's figure out who will be worse off from this trial. Although banks are afraid of going to court, they really don’t want to go there and for many reasons. Firstly, going to court usually occurs with the termination of the loan agreement, which means that all accrued penalties, interest, etc. are stopped.

The bank sued for non-payment of loan

If one fine day, when you open your mailbox, you receive a loan application from a bank, this does not mean that your case is bad and many years of litigation lie ahead. As a rule, if the bank filed a claim in court for non-payment of the loan. then your loan arrears are no longer lasting 1 month or 2 months, and perhaps the court is the only way out to pay off the accumulated loan debt.

The bank sued the debtor

Today in Russia, banks have issued a huge number of loans to the population. Many clients pay everything on time, but there is a category of borrowers who, due to circumstances, are no longer able to pay their bills. There are many reasons for this, but, as a rule, it is a difficult financial situation.

Credit organizations, in turn, are trying by hook or by crook to get their money back.

If the bank sues

If you live at the place of registration, you must be notified in a timely manner. In this case, you can take steps to protect yourself in court. Unfortunately, in practice this does not always happen. The debtor does not live at his place of registration, is on a business trip: there are many reasons why the defendant is not properly notified of the meeting. If you do not receive a document from the court in a timely manner, this may be a reason for its cancellation.

How soon does the bank sue the borrower (defaulter)?

Since the sequoia.rf website receives a lot of questions, and there is no time to answer everyone, it was decided to make a Paid Consultation. Responses in Paid Consultation will be faster. Free answers also remain. The information is all the same. There are no "paid secrets". If you are too lazy to use the site search, and you want a detailed answer with links to articles of the Laws and a faster Question-Answer mode, perhaps this is for you.

Which banks sue for non-payment of loans?

Interaction with debt collectors can go as far as threats and other methods of psychological pressure, but all this can be tolerated. If the borrower still does not pay the money required from him, then at the next stage the bank often sues.

Which banks sue and which don’t and why?

Some borrowers are interested in the questions of which banks sue and which do not, and for what reason do these banks not want to sue their borrowers? Since it often happens that the borrower has such a desire that his financial institution that issued him loan, filed a lawsuit against him. And the bank delays filing a statement of claim, resorting to the services of collectors, just so that there is no trial with the debtor.

Debtors Anonymous Club

Tired of constant calls and threats emanating from bank security officers or collection agencies, many debtors themselves begin to ask the bank to go to court to collect the debt. The court can be a salvation for many debtors from the intrusiveness of collectors and from the constant increase in the amount of debt on the loan. However, getting a bank to go to court is not so easy.

Can a bank forgive a loan debt?

Bankers often meet their debtors halfway - they organize special promotions under which, for example, you can repay the debt and only a third of the accrued fines and penalties. Can a bank forgive a debt completely?

This possibility exists and bankers call it “writing off bad debts.” So, at the end of last year, the bank, one of the TOP 10 in terms of assets, decided to write off part of its problem loans in the amount of 55 million rubles.

Do banks sue?

The basis for a creditor bank to go to court against an unscrupulous borrower is not always and not necessarily the amount of the actual debt. Sometimes banks look more at the overdue period of the loan.

Applying to the courts always costs time and money. And if the court takes the borrower’s side, these costs fall on the bank itself. If the amount is small, then wouldn’t such a thing be detrimental to the bank?

For example, if the amount of debt is up to 100 thousand rubles.

Why don't banks sue debtors?

Some are tormented by the question, why don’t banks sue debtors? After all, it often happens that debtors have a great desire for the financial organization that issued them a loan to sue them. But banks delay filing an application and use the services of such annoying collectors in order to avoid suing the debtor. Let's try to figure out what could be the reason for this strange behavior.

Why don't banks sue borrowers right away?

Sometimes loan debtors themselves are ready to beg bankers to sue them. But for some reason, credit institutions delay this until the last minute, preferring to resort to the services of annoying collectors. Why does this happen?

The problem debt of Russians to banks is regularly increasing. If in 2010 borrowers had to repay creditors 2.7 trillion rubles, then in 2011 this amount was already close to 3.2 trillion rubles.

Should I be afraid of going to court with my bank?

Some bank borrowers find themselves in a situation where, out of ignorance or unwillingness to understand complex issues, they stop transferring mandatory loan payments to their account in the hope of quickly correcting their financial situation or deliberately avoiding payments. If payments are not received for a long time, then the bank not only charges the client fines, but may also resort to more radical methods - transferring the borrower’s debt to a collection agency or even to court.

What to do if the bank sues you?

No one will argue that it is better to pay off the loan. But a difficult situation may arise in the life of even the most respectable borrower, and for some time he will not be able to pay his debt obligations.

Long gone are the days when bank security threats to sue a “bad” borrower rarely came to fruition. The crisis has forced banks to reconsider their attitude to lawsuits, and now banks are suing debtors regardless of the size of the loan.

Read also: Federal Law on Arbitration Courts in the Russian Federation

If a borrower defaults on a loan, he or she will inevitably have to deal with annoying phone calls from a collection agency or bank collection department.

Interaction with debt collectors can go as far as threats and other methods of psychological pressure, but all this can be tolerated. If the borrower still does not pay the money required from him, then at the next stage the bank often sues. However, unlike annoying calls, which are an inevitable consequence of non-payment of a loan, the matter does not always go to court.

Wanting to assess risks, borrowers often ask the question which banks sue over loans and which do not. Most often, in questions about “whether they sue”, banks such as Tinkoff, Home Credit, Russian Standard, Trust, etc. are asked. However, this formulation of the problem is not entirely correct, since, in principle, all banks sue, so clarification of this issue must be approached from a different angle. The likelihood of ending up in court is primarily determined by the amount of the loan you took out and other terms of the agreement, and not by the name of the credit institution. Of course, there are many more small details, but only a professional credit lawyer can figure them out.

Regardless of who exactly you signed the loan agreement with, failure to pay a small loan usually ends with “just” annoying calls and a damaged credit history. If you took and do not return a significant amount of money, then a lawsuit is almost inevitable, and this is also a general rule that applies to all banks. Thus, all that remains is to find out where the border between “large” and “small” loans lies. Naturally, this limit is quite arbitrary, and it is determined not only by the amount of claims, but also by the distribution of this amount among its components - the principal debt, interest on the agreement, fines for violation of the agreement.

However, you can outline rough guidelines that will allow you to assess the risks that you will end up in court. If the amount of the bank's claims is less than 30-50 thousand rubles, then the case usually does not go to court. Debts of this size often pass through the hands of one or more debt collectors, and if the borrower refuses to pay, the debt is simply written off (although the credit history usually remains damaged). If the amount of claims exceeds 100 thousand rubles, and a significant part of this amount is the principal debt, and not interest and fines, then a trial is almost inevitable. Sometimes you can find exceptions to this rule, but it is better not to rely on them.

If your case is approximately on the border, i.e. the amount of the bank's claims is 50-100 thousand rubles (or about these values), then it is impossible to give a general forecast. The likelihood of ending up in court will be determined by the current workload of the bank’s lawyers, the financial condition of this credit institution and the banking market as a whole. For example, at the end of 2008, as a result of the financial crisis, the number of claims from banks for relatively small loans, which previously did not reach the court, increased sharply. In the second half of 2014, a similar situation is observed, but on a smaller scale.

In any case, if you are unable to repay the loan you took out, you need to consider all possible options. In principle, a lawsuit with a bank is not a disaster, and with competent defense, the judge often sides with the borrower. To know in advance what and how to prepare for, we recommend reading the article “Credit Trial”.

When does a bank sue over a loan?

You stopped paying your loan. A dark cloud hangs over your head: late fees, debt collectors, fear of losing your apartment and other property when the bank sues over a loan. Why and when does a bank go to court? How should a debtor behave in such a case in order to get away with it?

For what amount of delinquency does the bank sue?

The amounts may be different, since the basis for applying to the court is directly stated at the legislative level: your failure to fulfill your obligations under the contract. Banks often look at:

• The amount of debt you owe to the financial institution;
• The length of your delay (is it 2 weeks or already 6 months);
• Accrued late fees and others (it is beneficial for the bank that you remain in debt for as long as possible: this way more penalties will be “inflated” on the loan amount).

Attention! Litigation is a waste of time and effort for a financial institution. It is necessary to file a claim, pay state fees, and attend meetings (and this is all the time of a full-time lawyer). Just imagine when there are thousands of such debtors throughout the city. The bank will have to hire a huge staff of lawyers to “extort” pennies from debtors through the courts. Therefore, if the amount of your debt is less than 100,000 rubles, the financial institution will contact the security service or collectors.

In a difficult situation, it is better to contact the professionals of our company, especially if it concerns loan repayment and illegal actions on the part of the bank. There is no need to waste time proving something on your own.

This is a general unspoken rule. But there are also those banks that are ready to run to court over 20,000 rubles.

Which banks sue debtors?

Large banks value their reputation, so cooperation with collection agencies is not in their rules. In general, it is not their policy to forgive debts to clients. Therefore, they send their savvy lawyers to court:

The larger the amount of loans issued (for the purchase of a car, real estate), the higher your risk of receiving a writ of execution. And along with it - the risk of paying the banking organization the amount of the loan issued + interest on the use of funds + a special penalty.

How long does it take for banks to sue?

The law prescribes that a banking organization can go to court within a day after the delay occurs. But in practice, banks act differently: they call with warnings several times a day, intimidate with criminal liability and problems with relatives, promise to call an on-site seizure team, and so on. The bank's security service is working with you. In practice, they will call for 2 months; if nothing works out, they will transfer your case to the professional guys from the collection agency.

But before the trial you will have at least 5-6 months to “settle” the situation. There are banks that sue after the statute of limitations has expired (but you shouldn’t rely on such “luck”).

ATTENTION! The latest official statistics from the Central Bank of the Russian Federation can hardly be called comforting for debtors. Banks “sell” (right of assignment) your debts to collection agencies. The financial institution receives a certain percentage for this.

Which banks will hand you over to collectors?

There are several banks that have been operating on the market relatively recently. Their goal is to win as many customers as possible (and to do this at any cost). Therefore, their loan programs always include unfavorable interest rates and other “subtleties”. Such financial institutions do not operate entirely “cleanly”, so they use contact with collectors as a method of protection.

Read also: Office of Bailiffs of the Russian Federation official website

Remember the names of these financial institutions:

Is it profitable for the bank to start legal proceedings with you?

It sounds strange, but sometimes borrowers are more interested in the proceedings than the bank itself. For a financial institution this is:

• Serious waste of time. Lawyers need to prepare a claim, send it, make sure that the court has taken everything into account, and so on;
• Enormous costs of funds (payment of state fees, work of lawyers, etc.). As soon as he goes to court, he must stop charging fines and penalties to the borrower. This automatically entails loss of benefits;
• Risks of ending up with nothing. Of course, in 90% of cases the banks win the case. But the remaining 10% of losses make them a little wary;
  Damage to reputation. It’s unlikely that anyone wants to be “first in the number of debtors” in the market.

Attention! The secret tactics of most financial institutions look something like this:

• Notice the delay;
• Do nothing, wait for it to increase;
• Connect the security service to collect the debt;
• Invite collectors;
• Go to court if all the above methods do not work.

If you are overdue on your loan and the bank has not made demands for it, it is too early to rejoice. He's just waiting for the time to give you a hefty bill.

How do banks sue debtors? What to do in such a situation?

Usually they have everything “automatic” and it is almost possible to formulate a statement of claim electronically.

What should you do when this terrible cloud hangs over your head?

Calm down and get the help of a lawyer. If you are being defended by an “experienced” lawyer with solid experience, then you can relax a little. But you shouldn’t go against the system on your own: there is a risk that it will simply “break” you;

Collect all documents. This should not only be a concluded loan agreement, but also certificates confirming the deterioration of your economic situation (work book as evidence of loss of a source of income, and others). In general, everything that confirms a decrease in your income will be useful. Everything turns out absolutely correctly and legally: we refer to Art. 451 Civil Code.

An example from life. Let’s say that when concluding a loan agreement, your monthly income (confirmed by certificates and documents) was 50,000 rubles. The bank checked everything and gave you a loan in the amount of 1,000,0000 rubles. You regularly paid the amounts due, but after 6 months your income dropped to 25,000 rubles. This point is of fundamental importance for the court, and it is important for you to prove the fact of loss of income.

How to win a lawsuit against a bank?

Clarify all the details. You cannot hide from employees of a financial institution. Come upon their request, clarify all the nuances and subtleties of the work, your debt and other details. Remember the well-known rule: “Forewarned = forearmed”;

If the reason for the delay was objective circumstances (loss of a job, the occurrence of a serious illness, military service, etc.), we prepare all the documents and present them to the court. Often Themis takes the side of the injured party (debtor);

Collect receipts and checks indicating payment. This will allow you to demonstrate to the bank that you made all payments correctly. And then the financial situation simply forced you to change the order and subtleties of depositing amounts;

If you applied to a financial institution with an application for restructuring, but they refused to do so, you should also attach documents. They will once again prove your good faith and desire to resolve the issue in good faith.

How long does it take to resolve a loan with a banking organization?

All issues of judicial proceedings are regulated at the level of the Code of Civil Procedure. But what matters here is not only what is written in the law, but also the level of workload of the courts. In Moscow, justice workers are heavily overloaded with work. But in the regions, the load on the courts is several times lower. This means that cases will be processed faster.

Attention! In Moscow, a regular court case for non-payment of a loan lasts 3-9 months. With the participation of a professional lawyer, the terms can either decrease or increase. For example, very often the debtor is faced with the task of prolonging the trial (and professional lawyers can “stretch” it for 18 months).

You can resolve a dispute with a bank without any problems or difficulties if you contact professional lawyers with experience. In the meantime, a sample plate just for you.

Trial stage

Credit court, why can it become a way out of a debt trap for a debtor?

The number of expired contracts is constantly increasing. Some borrowers find themselves in difficult financial situations and cannot provide payments in full, while others deliberately forget about the existence of their obligations to the bank. The result of non-payment is always the same - a loan trial occurs, after which a decision is made to forcefully collect the debt. Let's talk about this process in more detail.

When will the bank sue?

The very fact of filing a claim in court does not occur immediately after the start of late monthly payments, although most loan agreements provide for this. Initially, the bank applies only penalties and interest, which will be added up to the amount of debt every day. Penalties are also a unique method for the bank to make money, so it will not rush to immediately sue for non-payment of the loan. In fact, the trial could happen in six months, a year, or even later.

The bank is not very interested in organizing a trial, so it will try to independently return the client to the payment schedule, not forgetting to collect the accrued penalties and fines from him. The bank will make endless calls for several months, send letters, and may receive calls to relatives and even to work. Collectors may get involved in the case, which aggravates the debtor’s situation. These citizens will not stand on ceremony, they may even use illegal methods of influencing the borrower, making threats, for example, talking with neighbors, calling their boss. A collector may threaten to seize property, but in reality this is only realistic when a court has already been passed for non-payment of a loan, and the bailiff has made an appropriate decision. So, these are just unfounded threats; collectors do not have such powers, and they will not do this.

Limitation period for loan

Many debtors have heard of such a term as limitation period on a loan, but often its interpretation is completely incorrect. The statute of limitations for cases related to credit debt is 3 years. Some debtors believe that if they hide from banks and collectors for three years, then after that they can move on with their lives with a clear conscience. But this opinion is wrong. The statute of limitations applies only if the bank takes absolutely no action to collect the overdue debt. In reality, this almost never happens. Even if you don’t sign any papers or receive registered letters, the bank can simply sue when the three years come to an end and the statute of limitations begins to count again.

Why shouldn't you be afraid of a lawsuit?

When a bank attempts to collect on its own, it always puts pressure on the fact that it will sue. Borrowers are intuitively afraid of this and try to avoid it. Some begin to pay the debt in installments, but this only leads to the fact that newly accrued penalties nullify all attempts to get rid of the debt. It turns out to be a kind of bottomless pit; no matter how much you put in it, it will not be filled. You can get rid of a debt only if it is absolutely completely closed. Debtors can be advised not to make partial repayment of the overdue payment; it is better to wait until the moment when you are sued for the loan. This can be a real relief from lender pressure. And most importantly, the amount of the debt will be fixed, and interest, penalties and fines will no longer be charged on it.

What can a debtor face in court with a bank?

Some bank borrowers find themselves in a situation where, out of ignorance or unwillingness to understand complex issues, they stop transferring mandatory loan payments to their account in the hope of quickly correcting their financial situation or deliberately avoiding payments. If payments are not received for a long time, then the bank not only charges the client fines, but may also resort to more radical methods - transferring the borrower’s debt to a collection agency or even to court. A lawsuit with a bank is not an easy matter, especially for those clients who purposefully received a loan with the goal of using the funds received and not paying for the loan. Let's try to figure out what to do if the bank goes to court.

In what cases does a bank go to court?

Whether the bank will sue depends not so much on the amount of debt, but on the period of no payments on the loan. As a rule, first of all, a bank employee works with such a debtor, who calls him and tries to convince him of the need to resume payments. If the borrower refuses to resume payments and does not provide any documents confirming his own financial insolvency, or completely avoids contact with the bank, then the bank has no choice but to resort to the help of a third party - a collection agency or court.

If the borrower is contactable and has an objective reason why he does not make payments for the loan, then many banks can offer him the service of loan restructuring - changing the terms of payments under the loan agreement to acceptable for the borrower, taking into account his changed financial situation.

Why is it unprofitable for a bank to go to court?

If a bank threatens to sue, it is not at all necessary that the bank will do exactly that. Litigation is unfavorable for the bank for several reasons:

1. From the moment the case begins in court, the bank will be forced to suspend the accrual of fines for non-payment of monthly contributions. Therefore, as a rule, banks are in no hurry to take debtors to court, but wait until the size of the debt increases significantly and the problem debt department works with the client (an attempt will be made to convince the client to start making payments).
2. Even if the court decides in favor of the bank (which happens in approximately 90% of court proceedings), then the borrower's payments are made on the basis of a court writ of execution, which provides for the division of the debt amount into a large number of payments that the debtor can currently pay.
3. Quite often, the court makes a decision in favor of the bank, but obliges the borrower to pay only the amount of the principal debt, without accrued fines and penalties.
4. Litigation means legal costs for the bank. If a bank focuses on the recovery of loan debts through the court, and not through a collection agency, then it is forced to maintain its own legal service.

Thus, you see that going to court by a bank means serious expenditure of time and resources by bank employees (after all, the bank’s lawyer will handle the case), therefore not all banks bring the case to court, but only those that have an established legal service and sufficient consolidated resources.

Which banks are suing: Bank of Moscow, Sberbank, Gazprombank, Alfa-Bank, VTB 24, Raiffeisenbank, Home Credit Bank.

Banks that focus primarily on retail lending and have a powerful service for dealing with problem debts or actively cooperate with collection agencies are trying not to sue.

Which banks avoid litigation: Russian Standard, OTP Bank, Tinkoff Bank.

How to win a lawsuit with a bank - rules of conduct

If the bank goes to court, the borrower can choose one of the following behavior models:

1. Refusing to participate in court - this option is not recommended under any circumstances, since by doing so the borrower demonstrates his unwillingness to compromise with the bank and fulfill his obligations. Naturally, the court takes this position into account when making a decision on the case.
2. Prepare for a lawsuit with the bank and try to reduce the amount of payments as much as possible and provide a convenient payment schedule for existing debt, and in case of unlawful actions on the part of the bank, try to win the trial.

To win a lawsuit with a bank or at least minimize damage as a result of the trial, the borrower needs:

• Strive for the most open position in relation to the bank. For any question you are interested in, you can contact the employees of the credit institution that issued the loan to you, get advice from a bank lawyer, and do not hide from communicating with bank representatives.
• Before going to court with a bank, it would be a good idea to get advice from a third-party lawyer.
• If the reason for non-payment was objective circumstances (job layoff, reduction in wages, serious illness, long-term treatment, conscription into the army, birth of a child, etc.), then you need to prepare documents confirming this fact. This could be an extract from a hospital record, a certificate of dismissal from the personnel department or from the accounting department about a salary reduction, a certificate from the military registration and enlistment office, a child’s birth certificate.
• Prepare documents confirming payments made on the loan - receipts and payment checks. Thus, you will be able to demonstrate in court with the bank that, in principle, you did not evade payments, but were unable to continue them for certain reasons.
• If you applied to the bank with an application for loan restructuring and the bank refused you, then it is advisable to provide a copy of your application to the bank.
• In the event of a decrease in income (decrease in wages), be sure to refer to Article 451 of the Civil Code, which substantiates the inability to fulfill your obligations due to changed financial circumstances (and this is where copies of your applications for loan restructuring or applications to other banks will come in very handy requesting refinancing).

We under no circumstances recommend that you take out a loan from a bank and not repay it without objective reasons (dismissal, illness, etc.). In this case, it will not be possible to win a lawsuit with the bank; the court clearly takes the side of the bank in such situations.

Thus, the answer to the question “Should I be afraid of going to court with the bank?” you need to start looking first in the situation that caused the formation of debt and non-payment of the loan. Those borrowers who deliberately took out a loan in order to spend the funds received and not pay monthly payments or deliberately evaded payments and contact with the bank - yes, of course, such clients should be afraid of going to court with the bank. But if the borrower tried to regularly make monthly payments on the loan, made contact with bank employees, warned the bank in advance about the impossibility of making payments for objective reasons, tried to change the terms of payments or refinance the loan with another bank, then in this case there is a strong fear of going to court with the bank , probably not worth it, because the absence of malicious intent is the main justification for any violation of one’s obligations. Moreover, perhaps it is the intervention of the court that will allow the bank and the borrower to find a way out of the current situation and repay the debt on terms acceptable to both parties.