When you make any loan between the lender and the borrower, an agreement is concluded, according to which the procedure for the return of funds, as well as the rights and obligations of each party to the transaction. A monthly payment schedule is attached to the contract, which the borrower must comply with. If the payment schedule is not followed, the bank applies penalties, which are also spelled out in the contract, and begins the process of debt collection (for more details, see how the bank collects credit debt ).
How not to pay the loan legally
Now many borrowers are in a difficult situation: the amount of income stays in place or is declining, and prices are rising everywhere, the expenditure side of the budget is becoming more voluminous. And if a citizen had previously been able to repay a loan without problems, now it is becoming increasingly difficult to do so. That is why in the credit market there is a huge increase in overdue loans, and borrowers are interested in how not to pay the loan legally. Indeed, a borrower can legally get rid of credit debt, but this path will not be very easy.
If you stopped paying a loan
We will consider the situation from the other side that the borrower simply stops paying the loan, without making any partial repayments of overdue debt. If you have already formed a decent debt, then in most cases partial depositing of funds is useless. The collectors or the bank collection service will insist that the borrower contribute anything to the account. But in the end, all the same, interest and interest will be charged on the remaining amount, soon the debt will again reach its previous size. Your payments will fall into a bottomless barrel.
By the way, we recommend reading to each borrower what to do if there is nothing to pay a loan to Sherlock Holmes.ru/chto-delat-esli-nechem-platit-kredit , because the situations in life are different.
If you stop paying the loan at all, then all the banks use approximately one algorithm of actions, they try to put the debtor in the payment schedule first, and then at least somehow recover the loan issued earlier. All actions have a clear algorithm, which ends up with the fact that the bank is suing, and the bailiff service will be responsible for collecting the debt. And it is precisely at this final stage that you can legally get rid of debts, but on the way to this borrower you will have to endure the bank employees and collectors for a long time. So, the way to write off debt will not be close.
Start of the way: the bank is trying to return the debt
1. When the borrower has just delayed the first monthly payment, they begin to call him from the bank. They are interested in the reasons for the delay, ask when payment will arrive. If the payment did not come on the promised date, the calls begin more and more often. Many citizens in this case make the decision to change the number or simply not to answer calls of unfamiliar numbers. But this is fraught with the fact that the bank will start to call the work phone or the telephone numbers of the contact persons that the borrower indicated when submitting a loan application form.
2. Soon, a representative of the bank can come to the house to the debtor for a conversation, settlement of the issue. If nothing helps, then in 3-6 months the case can be transferred to the collection agency for collection. A tougher sanction process has begun here, which can last about six months.
3. Only by overcoming the pressure first of the collection service of the bank, and then of the collection agency, the borrower will be in the way of writing off the loan debt, that is, by a method of lawfully avoiding the obligation to pay credit accounts. If at these stages you begin to make partial closure of the debt under the pressure of the claimants, then the whole procedure is delayed.
Your task is to bring the case to court to make the case turned into the work of the bailiffs. But from the moment of the first delay of payment until the bank submits to the court, it may take about a year, therefore the debtor needs to have iron nerves to withstand the pressure.
Organization of the trial
It’s better to declare so immediately to the claimants that they send the case to the court that you will only pay by court decision. Soon, the bank really will not have anything else – he will send a claim to the court, according to which the borrower will be awarded a return of the debt. As a rule, the amount of debt by court decision is significantly reduced, penalties and fines are removed in full or in part.
After the court’s decision enters into legal force, the debt will be fixed and clearly marked. Now the loan debt will not grow, and the bailiff service will take care of debt collection. And the bailiffs have clearly legally defined tools for interacting with the debtor and collecting the debt. They will not go beyond the limits specified by law, which you can use in order not to pay the loan legally.
How bailiffs will work
There are three methods of influence on debtors, which are usually applied in stages. Do not wait for the bailiffs of zeal in the process of recovery and operational action. This body is simply overwhelmed with various matters, so it may take 1-2 months before the debtor sees any actions. And the actions will be the following:
Recovery of 50% of the debtor’s salary in repayment of credit debt. The bailiff, through the tax service, finds out where the citizen works and sends to the place of work a writ of execution. On its basis, deduction is imposed on the part of the salary.
Arrest of accounts and funds being on them. The police officer sends requests to various banks in order to find the debtor’s accounts. If they are found, they are arrested, all funds are transferred to the bank. If in the future something goes to these accounts, that this money is also transferred to the bank.
Arrest of the debtor’s property and selling it at auction. The proceeds go to repay the loan debt. Prior to the direct sale, the bailiff gives the debtor time to pay off the debt on his own, simply by listing the property. If the debt is not repaid, then the property and take.
These are the three methods that bailiffs practice. More than anything, the law does not allow them, if only a ban on traveling abroad to establish.
How to avoid paying a loan
Since we already know what methods the bailiffs will undertake to collect the debt, you need to prepare for them in advance. An important point for those who own a car is that the police officer at the beginning of your interaction with him just in case will prohibit registration actions on your vehicle. You cannot sell it. This is done just in case. If it comes to the recovery of property, the police officer will impose an arrest on the vehicle and can take it from the debtor (for more information, can the vehicle be collected for debt on the loan and the recovery process itself). So, if you own a car, rewrite it to someone else before making a judgment.
If you work unofficially, the bailiff will not be able to seize part of your salary. If you do not have bank accounts or they are not valid, then this method of collection does not apply to you either. If the debtor has no salary or bills, then the bailiff has nothing else to do but try to find and sell the property of a citizen.
But here, too, is not so simple. The same apartment can be taken away if its price corresponds to the credit debt, but if minors are registered in it or it is the only property of the debtor, then no one will take the apartment.
With the inventory of the property is also not all simple, if the debtor does not live on registration. Only the property located at the place of residence of the citizen can be taken away. And this place still needs to be found. If desired, the borrower will ensure that the bailiff does not know his whereabouts. Or it will be necessary to somehow prove that the valuable property found does not belong to the borrower, but to other persons.
Write off debt
If the debtor does not have accounts, there is no official salary, the property is not found, then what remains of the bailiff? He can no longer act on the debtor, so he sends a document to the bank stating that it is impossible to collect the debt, since the debtor does not have property and funds that could go to cover the debt. The bank can again organize the recovery process, returning the decision to the bailiff. But it will resemble a vicious circle, as a result, the police officer still can not do anything. He will return the execution list to the bank time after time.
After a certain time, the bank will come to the conclusion that it will be forced to simply write off credit debt. In fact, every year banks total billions of credit debts. These are debts that are called hopeless. But up to this point from the date of the first delay may take several years.