Term limitation period(let's call it SID) is the time during which the bank has the opportunity to sue a negligent borrower.

It is worth considering that the claim from credit organization the court will accept it regardless of whether the deadline has expired (clause 1 of Article 199 of the Civil Code of the Russian Federation). Therefore, if in your opinion the bank’s time has passed, you should definitely state this before a decision is made.

Limitation period for a loan

Some borrowers do not know what the limitation period is for a loan, others think that the limitation period is counted from the moment of opening loan agreement. This is not true. Clause 1 Art. 200 of the Civil Code of the Russian Federation states that the LED begins to run from the day when the bank learned about the delay. Clause 2 states that for obligations with a specific deadline, the LIT begins to flow at the end of this period.

It should be noted that until recently, even the decisions of judges on this issue varied: sometimes the period was calculated from the end date of the contract, sometimes from the date of making the last payment, and sometimes from the day an official letter was sent to the borrower about repayment of the overdue payment.

Resolution of the Plenum of the Armed Forces of the Russian Federation No. 43 of September 29, 2015 put everything in its place. It states that, based on the meaning of Art. 200, the countdown of the limitation period for a debt, which according to the agreement must be paid in parts, begins to be counted separately for each such part. That is, the statute of limitations for late payments, interest, penalties, etc. is calculated separately for each unpaid installment.

When does the statute of limitations on a loan begin? Example: according to the agreement, the loan repayment date is every 12th. The client stopped making payments on November 12, 2016. In this case, the LID for the first late payment will begin on November 12, 2016, for the second - on December 12, 2016, for the third - on January 12, 2018, etc.

If the bank filed a claim only for the collection of the principal debt, then the LID for the remaining payments (for example, for the payment of a penalty) continues to proceed. At the same time, after the expiration of the statute of limitations on the main claim (clause 1 of Article 207 of the Civil Code of the Russian Federation), the period for writing off the debt on the loan expires for additional claims (that is, for penalties, interest, collateral, etc.). But if the agreement stipulated that interest is paid later than the principal amount, then the statute of limitations on it is considered separately and does not depend on the end of the period of interest on the principal amount of the loan.

Suspension and recess

Do banks write off loan debts? The flow of LED is suspended:

• if filing a claim was prevented by force majeure;
• as a result of a legal moratorium (i.e. deferment);
• if the debtor is in the troops brought under martial law;
• upon suspension of the law (or other legal document) that regulates these relationships.

If the parties have resorted to out-of-court resolution of the dispute, then the period of time is suspended for the duration of this procedure (or for six months if there is no time limit). From the time the reason for which the suspension expires, the limitation period will continue to run.

Is it possible to write off loan debt or take a break? A break in the flow of the debt occurs if the borrower commits actions that indicate that he recognizes the debt (Article 203 of the Civil Code of the Russian Federation). In accordance with Resolution of the Plenum of the Armed Forces of the Russian Federation No. 43, such steps may be:

• recognition of the presented claim;
• change in the contract, which implies that the borrower accepts the debt;
• client’s application to change the terms of the contract (for example, to defer payments);
• act of reconciliation of mutual settlements, signed by the bank.

But if a person simply responded to the bank’s claim and did not indicate that he was responsible for this debt, then such a response is not considered an admission, so there will be no break.

Also, if the client acknowledged only part of the debt, including making a periodic payment, this does not mean that he agrees with the debt as a whole. That is, this contribution cannot be a reason for interrupting the flow of SID for other contributions.

When the steps indicating recognition of the debt were taken by the borrower’s representative, the IDA is interrupted only if he had the necessary powers (Article 182 of the Civil Code of the Russian Federation). If the debtor simply does not take any action and does not sign anything, then the limitation period is not interrupted!

Please note that after a break, the LED does not continue, but starts again, that is, the time that passed before the break, in new term will not count!

Example: the borrower was supposed to pay the next payment on April 15, 2016, but was late and did not pay for several months. Thus, the limitation period began on April 15, 2016. On September 15, 2016, a person came to the bank and wrote an application for installment payment, but then stopped paying again. In this case, the three-year LED will begin again from September 15, 2016.

Important! With all suspensions, the limitation period (clause 2 of Article 196 of the Civil Code of the Russian Federation) cannot exceed 10 years.

Can a bank claim a debt after the statute of limitations has expired?

Can a court write off a loan debt if the statute of limitations has expired? In most cases, the bank does not wait for the deadline to pass and files a lawsuit in a timely manner. But even if the SID has already passed, the borrower is unlikely to be left alone. Probably, employees of the credit institution will call, come, write letters, and try to put pressure on guarantors or relatives. But the bank, most likely, will no longer sue, since if the debtor declares that the statute of limitations has passed, the court will still refuse to initiate the case.

When the creditor decides that the debt is unlikely to be repaid, he may assign the problem loan to collectors. It is no secret that the methods of the latter often go beyond what is permitted, as there are a lot of eloquent reviews on the Internet.

There are many articles on the Internet about how you supposedly need to revoke consent to the processing of your personal data, and the borrower will be left behind. In fact, it won't do anything. According to Art. 9 Federal Law No. 152, even after revocation, the bank or collectors have the right to continue processing personal data if this is necessary to exercise their legal rights and interests. But few people know that not so long ago Federal Law No. 230 was adopted, which clearly stipulates who, when and how can “get” the debtor.

So, the collector has no right to visit the borrower more than once a week and call more often:

• 1 time per day;
• 2 times a week;
• 8 times a month.

It is prohibited to threaten, use force, harm health or property, mislead a person or put pressure on him, etc. You cannot report debt to third parties or disclose information about the client himself or his debts.

Important! By law, a borrower can refuse to communicate with a lender or debt collector. To do this, you need to send him an application by registered mail or through a notary, or simply hand it over against signature.

Do banks forgive debts?

Do banks forgive debts? Possibility of ubiquity consumer lending allowed people to buy household appliances, clothing, furniture, electronics and other everyday goods on credit at breakneck speed. Return Promise borrowed money supported by data on registration, place of work, presence of valuable property, real estate or car.

In the absence of payments, the creditor has the right to bring a claim by going to court. In his demand, he will set out a claim for the recovery of unpaid Money in the manner prescribed by the legislation of the Russian Federation. Civil Code determines the limitation period for the loan, equal to three years. The countdown of this period begins from the moment of violation of the rights of the creditor. However, very often disputes arise around the start date of the statute of limitations. There are many nuances, special moments and compromises here.

A clear framework has been established for the regulation of civil disputes - 3 years. This is stated in Art. 200 Civil Code of the Russian Federation.

Based on the dates specified in the contract, in most cases it is not difficult to determine the statute of limitations. Knowing the date of the loan, the expected payment period and the end of the contract, the client can calculate the moment of termination of his obligations. But here we need compelling reasons, and proven ones, otherwise the court decision will not be in his favor. Criminal liability may also be added to the imposition of fines, mandatory payments and possible confiscation of property.

Additional loan obligations - penalties, interest, fines - must be paid along with the main debt. The date of their accrual does not affect this aspect in any way. Even if they entered the general account later or in the last days.

When is a loan invalidated?

The absence of a specified statute of limitations means a “default” procedure, when 90 days are added to the date of the last payment, and three years are counted from it. If the defaulter manages to hide from the authorities and the creditor all this time, then the debt is canceled. Said three months absence mandatory contributions give the bank the full right to demand repayment of the full amount through the court, and immediately. This is quite justified, because it turns out that the agreement was violated. Then the person or organization that provided the loan completely terminates all relations with the defendant and obliges him to repay the money in full.

As for the complete absence of a violator of obligations, there are some nuances that make it possible to expose him or “catch him red-handed.” He may, without knowing it, confess, appear red-handed, or otherwise recognize his debt as valid. The statute of limitations is interrupted if the borrower has taken the following actions:

• paying even a small part of the debt - paying even the smallest amount indicates a desire to conscientiously deal with the obligations undertaken;
• signing at least one document that is in any way related to the borrowed money - this will be an official opportunity to prove something in court, the bank can operate on this fact with complete confidence;
• voluntary recognition of oneself as a debtor is an official statement that can be confirmed by witnesses and the defendant himself.

If in lawsuit If the applicant indicates the deadline for fulfilling the requirement, the statute of limitations will be calculated from the moment of its expiration.

Additional loan obligations

You should not fully rely on the 3 years prescribed in the Civil Code. The fact is that the expiration of the statute of limitations does not necessarily serve as an obstacle to filing a claim for the return of the debt to the creditor (Civil Code of the Russian Federation, Art. 199, Part 1). The court will accept such a claim, and in the vast majority of cases, positive decisions are made on them. They can be challenged by means of an appeal demanding recognition of the expiration of the statute of limitations. True, a smarter and more justified move would be to make such a statement during the trial.

The borrower is in a strong position if he has documentary evidence of his financial or physical insolvency. But still, sometimes a creditor is able to achieve a judicial refusal to recognize the validity of the statute of limitations. The reasons here may be as follows:

1. Applying to the court with a request to assist in the process of debt repayment before the expiration of the specified period. It is noteworthy that the trial itself may be postponed indefinitely.
2. If work was carried out with debt. This refers to out-of-court settlement measures: telephone conversations or official letters to the borrower. In the first case, audio recordings with the debtor’s voice, made with his knowledge and necessarily containing an acknowledgment of the debt, have evidentiary weight. In the case of letters, you need to prove personal receipt citizen notifications. The easiest way to confirm this fact is by courier delivery service or registered letters with notification of receipt.

In any case, the maximum period can never exceed 10 years.

The line between lack of solvency and fraud

If the borrower is truly conscientious, and the reasons for financial troubles were health problems, work problems or other proven incidents, it will be possible to avoid payments legally. But the deliberate use of the statute of limitations as a reason to write off a debt borders on. The consequences can be much more serious than the debtor initially expected.

To begin with, if difficult situations arise, you must notify the bank about the temporary impossibility of making mandatory payments. Also, the absence of malicious intent can be confirmed by the following facts:

• collateral for a loan - this can be a salvation if, for example, you re-mortgage a property;
• there are already several payments;
• insignificant balance of debt - not too large sum unpaid loan (less than 1.5 million rubles).

However, even a borrower who is completely acquitted by the court is not insured against negative consequences in the form of a damaged credit history.

What should a borrower do if his credit institution is declared bankrupt?

When does the statute of limitations on a loan begin?

Here it is worth paying attention not to the liquidation of the bank itself, but to the suspension of the activities of the credit organization that dominates it.

If absolutely the entire company is liquidated, then the debt is automatically written off, but this happens extremely rarely. We can say that such a possibility is practically excluded.

In fact, work with debt does not stop, even for clients of a bankrupt bank.

Over time, one way or another, the legal successor of the credit institution is determined, so there will definitely be someone who will put all financial affairs in order and find borrowed funds.

How to stop constant reminders about a written off debt?

No bank will just give up its money. After all, if an organization checks the client so carefully before drawing up a contract, persuades them to take out insurance, and then looks for a negligent client, it is unlikely that if they deviate from payments and the statute of limitations expires, they will calm down and write off the entire amount.

The bank can remind you about remaining payments ad infinitum; it is not formally prohibited from doing so. Even if the debtor wins the litigation, but the plaintiff still does not calm down, there is a way to get rid of constant annoying alerts.

Before drawing up a loan agreement, any borrower signs a paper indicating consent to the processing of personal data. Without it, the bank has no right to work with his passport, other documents, call work, or even send SMS messages.

You can revoke this permission, which is done very simply by writing a corresponding application at one of the bank’s offices, which it simply cannot refuse to accept. Now he has no right to even send advertising messages and emails.

At what point does the statute of limitations on a loan begin in the following video:

May 17, 2018 Help manual

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The general limitation period is 3 years, but in some cases it can be suspended and extended, but not more than 10 years from the date of signing the agreement with financial institution.

A certain portion of loans issued by banks to individuals and legal entities are never repaid. To protect their rights, creditors resort to the judicial system by filing claims. However, the legislator has established a time frame during which a party must take measures to assert its rights. According to Article 196 of the Civil Code of the Russian Federation, the general limitation period for a loan is 3 years from the day the borrower was supposed to pay the debt amount.

Example: Alexander Ivanov issued a loan for consumer needs at the bank, and the debt repayment period expired on January 10, 2013. Thus, representatives of the institution must send and register a statement of claim to the court no later than 01/10/2016, otherwise the initiation of proceedings will be refused.

As a rule, careless borrowers limit themselves to reading this norm of civil legislation and begin to keep a 3-year countdown, but in vain. In some cases, completely different articles of the code work, which can nullify all the efforts of the “deviators.”

What is the limitation period?

The legislator has defined a 10-year period from the date of occurrence of the obligation, during which the creditor must recover its resources (Part 2 of Article 200 of the Civil Code of the Russian Federation). Exceeding the specified time frame does not allow filing a claim with the borrower. So, if the agreement was signed on 01/01/2005, then the last chance to file a claim is the first working day after 01/01/2015.

Total amount of overdue accounts payable as of 06/01/2015 amounted to 2,512.7 billion rubles, having added more than 4 percent in May. The total volume of loans issued by banks reached 50 trillion rubles: this amount includes financing for legal entities and individuals, as well as other banks. That is why so many people want to avoid paying off their debts at all, since, in addition to the loan amount and interest, they will have to compensate for a penalty, a fine, or a penalty.

In what cases is the statute of limitations extended?

Even the most cunning debtor can become a “victim” of the bank if he is asked to sign an additional agreement, which will include a new date “X” for fulfilling obligations.

Example: If the last day for payment of the loan is 03/12/2013, and the debtor voluntarily signed an addition to the agreement, which specifies a different date for the final settlement with the financial institution (for example, 04/15/2015), then the statute of limitations on the loan is automatically extended until 04/15/2018.

Is the statute of limitations extended when making loan payments?

As follows from Article 203 of the Civil Code of the Russian Federation, the countdown of limitation is interrupted if the debtor takes steps indicating recognition of his obligations. And if, during the period of time allotted by law for the collection of funds, the debtor acknowledges the obligation in writing, the statute of limitations begins anew.

Example: If the payment date was determined as 05/06/2012, and the borrower deposited funds into the bank account on 11/10/2014, the statute of limitations will be determined as 11/10/2017, and not 05/06/2015.

How is the limitation period for collecting a loan from the borrower's guarantors calculated?

According to Article 201 of the Civil Code of the Russian Federation, the same principle applies: 3 years from the date when the final settlement of the borrowing transaction was due. If the bank assigns its claim to another organization (collectors), this does not entail an extension of the period of time during which legal proceedings must be initiated.

Example: if Peter Ivanov has not paid off the loan before 03/15/2013, then a statement of claim to the court to recover funds from the guarantors must be filed no later than 03/15/2016. In this case, the period is extended if the subjects of legal relations have signed an additional agreement.

In what other cases are deadlines suspended?

The legislator has defined absolutely fantastic situations: wars, natural disasters, special legal norms establishing a moratorium on the fulfillment of obligations. Moreover, they must arise and continue during the last 6 months preceding the expiration of the deadlines.

A more realistic situation is an attempt to resolve the dispute out of court. If it is unsuccessful, you can file a claim later for the period of time during which the negotiation procedure was carried out.

What to do if the obligation is fulfilled after “day X”?

You will not be able to get your money back if the loan (fine, penalty, interest on it) was repaid after the expiration of the time specified in Article 200 of the Civil Code of the Russian Federation. But if the court makes an unlawful decision, it can be appealed in accordance with the procedure established by law.

Is it worth responding to the demands of collectors?

“Specially trained” debt collection companies like to carry out explanatory work with negligent borrowers. We recommend not to conduct any negotiations with them, not to sign papers, limiting yourself to business correspondence and court hearings.

The period of time when a financial organization has the opportunity to fully collect loans from individuals and legal entities, is called the statute of limitations on the loan. After a certain date, financial institutions, by law, are no longer authorized to pursue legal action to recover money. Fraudsters actively take advantage of this opportunity, hoping that they will be able to avoid paying off their debt. However, whether banks simply forgive non-payment of debts on loans beyond the statute of limitations cannot be said with certainty.

Limitation period for loans in 2018

Surely, most people, when applying for a loan, do not even think about what statute of limitations is established for loans, and whether there is one at all. But, in fact, according to the law, the statute of limitations on a loan is what is provided for by modern legislation.

Legal provisions for individuals

In 2018, the loan statute of limitations is 36 months. Next - any collections by banks credit debt, including those related to judicial practice, are considered unfounded.

However, in such a clear issue, judicial practice on the statute of limitations of loans shows various options for the development of lawsuits with the holding of individuals liable for failure to pay debts on a loan due to limitation. Lawyers disagree on what day it is necessary to count the thirty-six months defined by law.

Some believe that the statute of limitations on loans for individuals begins to apply when the date specified in the loan agreement as the end of the repayment period arrives. Moreover, if the borrower knows what the statute of limitations is, and he does not make the established payment during the entire duration of the agreement, notification from the bank is not necessary. At the same time, the bank may charge the client penalties, fines and other sanctions.

Other lawyers believe that the statute of limitations for personal loans ends when the lender discovers another non-compliance with the rules of the loan agreement. Or, simply - when the borrower has not paid the monthly set amount. Then the statute of limitations on the loan begins to count from the date of the last payment made. Before the expiration of three years, the time established for such legal cases in 2018, the bank has the right to go to court and obtain payment of the full loan amount from the borrower.

The borrower should know that, no matter what the this moment The statute of limitations on the loan can be reset to zero and start again with any contact with bank employees. At the same time, the fact that the bank made a call to the user cannot serve as evidence of interaction without providing a recording of the telephone conversation.

Judicial precedents

So, while the statute of limitations on the loan has not yet expired, the financial organization has the right to file a claim with the borrower for the return of funds provided for in the loan agreement.

Each bank necessarily has its own lawyers who have encountered loopholes in judicial practice regarding non-payment of loans issued to individuals beyond the statute of limitations.

Most lawyers filing a claim are guided by the first path described above - that is, they try not to attract the attention of an unscrupulous client for as long as possible, while charging significant penalties and other penalties.

However, the majority of judges in practice in 2018, when considering claims based on the loan statute of limitations, use the second reading of the Code and determine the beginning of the statute of limitations at the time of making the last payment established by the contract, which in most cases can be turned in favor of the defendant.

It is worth understanding: the expiration of the statutory limitation period for a loan, if it exists, is not a panacea either for paying off the debt to the bank or for the financial organization going to court.

The end of three years is just a strong argument in favor of the defendant if the bank suddenly files a claim. This can happen either three years or ten years after the expiration of time.

Moreover, the court will not engage in calculations regarding whether the statute of limitations for collecting the loan has expired; its decision will be influenced by documentary evidence and the activity of the parties. Minimum reduction existing debt for a loan or to avoid paying it off altogether will help the debtor to independently provide documentary evidence. It is best to hire a qualified lawyer for these purposes; the statute of limitations on the loan by court decision will depend on this.

Debt collection by bank

According to the trend that had developed by 2018, it became clear that the bank in any case would not leave the debtor alone and would try to find a way to collect everything that was due to it by law. If the statute of limitations has not passed, the bank can go to court, but if this period is missed, collectors can get involved.

By the tribunal's decision

Currently, the bank has the right to file a claim under a simplified procedure - to a magistrate, if the debt does not exceed 0.5 million rubles. In the course of enforcement proceedings, he issues a special court decision, which saves time by avoiding prolongation of the process. Performance list is transferred to the bailiffs, and they, in turn, ensure the retention and collection of capital according to official sources- arrest accounts, impose fines on wages.

Please note that from the moment you receive a copy court decision, the defendant has the right to challenge it, this automatically leads to its cancellation. However, this will not save you from litigation. The borrower has 10 working days to appeal such an order.

Upon expiration

If, according to existing legislation in 2018, the statute of limitations for collecting a loan has expired, and banks understand that it is unlikely that the money will be returned by a court decision, they can easily sell the user’s debt to collectors. These are representatives of companies without whom debt collection in 2018 is practically impossible.

Collectors use absolutely any methods of repaying loan debt, including illegal threats and direct physical force. When a collection agency, while collecting a debt, causes damage to the health or property of a person and there is confirmation of this, according to the law, he has the right to submit a statement to the police department.

If the authorities at this level fail to act, contact the prosecutor’s office. If the bank transfers the user's debt to a collection company, the statute of limitations on the loan does not start over.

Conclusion

So, the statute of limitations for a loan, defined by law in 2018 as a three-year period, is the time after which the debtor, when filing a claim against him in the courts, has the right to submit a corresponding petition and avoid repayment of loan debts.

However, expiration limitation period does not guarantee the bank's refusal to receive own money– there are many methods of collecting debts from individuals, including with the involvement of collectors – which can turn out quite disastrously for the debtor.

Whatever path the bank chooses to repay the debt - a court decision or other methods - it will be unprofitable for the user to comply with it. Therefore, the client has to think several times - whether it is worth avoiding contacts with the bank throughout the entire period of limitation on the loan or immediately, if it is physically impossible to repay the debt, report it to the financial institution and find a solution together.

One of the key factors for lawyers when considering credit cases is the question of what is the statute of limitations on a loan (SIDK). Individual debtors often use this concept and avoid liability that may threaten them under the law (even resorting to the procedure for changing persons in the obligation, described in the article on). This definition is spelled out in the Civil Code of the Russian Federation, or more precisely, in its 196th article.

What is the statute of limitations on a loan?

This concept describes the period of time during which the creditor has the right to sue an unscrupulous individual who does not pay his obligations. If the deadline has passed, then all demands for collection from banks, collectors and even the court will not be relevant. Most often, the starting point for this period is the end date of the loan agreement.

More details about the features of how the statute of limitations is calculated credit debt, and how it is collected, can be found in the article on.

Article 196 of the Civil Code of the Russian Federation - general limitation period for a loan

Before studying Article 196, you first need to familiarize yourself with Article 200 of the Civil Code of the Russian Federation. It says that the beginning of this time period is the day when the injured person learned about the fact of the violation of his own rights.

Article number 196 of the Civil Code of the Russian Federation determines that the general limitation period is 3 years from the day described in article No. 200 of the Civil Code of the Russian Federation. The second paragraph of Article 196 of the Civil Code of the Russian Federation states that the CIDC cannot be more than 10 years from the day when the right was actually violated.

How long is the statute of limitations on a loan?

Credit issues are currently the most obvious example for Article 196 of the Civil Code of the Russian Federation. Therefore, it is necessary to rely specifically on the Civil Code. Thus, the SIDC is three years from the moment the victim learned about the violation, and ten years from the moment his rights were violated.

Violation of rights in this context means refusal individual from repaying loan debt.

In the bank

In practice, the limitation period for bank loans is determined at the end of the contract. If three years pass after the stated end date, and the bank does not apply to the courts to report the debt, then under Article 196 of the Civil Code of the Russian Federation this banking organization will lose the right to claim debts. The law stipulates that even if the bank has an application, the case will not be won by 99%.

For individuals

The statute of limitations for loans for individuals is the same three years. However, in cases with individuals in judicial practice, the starting date of the CIDC is not the end date of the contract, but the date of the last payment.

For example, it was not uncommon for individuals to take out loans, make the first payment, and then stop paying the debt. As a result, the countdown can begin from the day the payment is made. Often, SIDK acts as a separate clause in an agreement with an individual. In this case, the court will rely specifically on the agreement, and not on the first paragraph of Article 196 of the Civil Code of the Russian Federation.

After the court decision

The statute of limitations for loans does not apply to a court decision that has already entered into force. If the court has decided to collect the debt, then the debt case will proceed in accordance with the Federal Law governing enforcement proceedings. In this context, there is also a similar concept - the deadline for presenting executive document. This period is also equal to 3 years.

The statute of limitations on the loan has expired, but collectors are calling

If an individual has a debt and the CIDC has expired, this still does not make him a completely free person. Collectors will likely continue to demand that the individual repay the debt and may even sue. However, they will not be able to win such a case.

Petition to apply the statute of limitations on a loan

The expiration of the CIDC must be declared by the defendant himself through a corresponding petition; the judge will not deal with settlements without this petition. This petition is a tool that allows the debtor to protect his rights when considering claims for debt filed against him. The Civil Code of the Russian Federation provides for writing such a statement on behalf of a person who has a debt.