What happens if you don’t pay the loan, general scheme. What happens if you don’t pay the loan for a long time - what will be the consequences? I haven't paid the loan for 2 months

If you cannot repay the loan, it is better to understand the consequences in advance and develop an action plan. With “competent” behavior, failure to repay a loan is not a disaster at all. On the contrary, it is often more profitable to refuse huge monthly payments and wait for the trial. During the trial, the amount of debt will be fixed, and interest will no longer accrue. The repayment schedule for this amount will need to be negotiated with bailiffs, who are almost always ready to compromise (if you prepare correctly for this stage).

Let's start with refutations of those “horror stories”, which bank employees and collectors like to tell borrowers who find themselves in a difficult situation. So, what you don’t have to be afraid of, what won’t happen if you don’t pay the loan to the bank:

• To you they won't break it legs, they won't cut it out kidney, your children will not be kidnapped. As of the beginning of 2015, we do not know of a single case where threats of physical violence from banks or debt collectors were carried out (at least for Moscow).
• You they won't jail to jail, they won't give you a suspended sentence term, will not be sent to community service. Failure to repay a loan to a bank is not a crime, and when they talk about “court for non-payment of a loan,” they do not mean a criminal process at all.
• Social services will not be taken away from you children, yours relatives will not answer on your debt (unless they were guarantors). Non-repayment of a loan is a purely financial issue, and it concerns only you and the bank.

Of course, if you don’t pay off your loan, there will be some unpleasant moments, but you can prepare for everything in advance. Our experience shows that the most effective option is to immediately contact a credit lawyer. At a minimum, you need consult by phone, but better come to a lawyer for a personal meeting to bring the loan agreement and other documents. Only after familiarizing yourself with all the materials will a specialist be able to substantively assess the features of your specific situation. If for some reason you want to protect your interests on your own, you need to study in advance every issue that you will encounter.

All relations with the bank after the loan is overdue can be divided into three stages:

1. Pre-trial stage: psychological pressure and threats from the bank and collectors await you. To protect yourself from this, you need to record every “sneeze” in writing and complain to law enforcement agencies.
2. Loan court: The bank has the right to demand money through the court. In this case, you will face a trial lasting several months. As a result, the court will make a decision and fix the amount of debt.
3. Post-trial stage: if you do not immediately pay the entire amount fixed in the court decision, bailiffs will become involved in the case. Typically, this means taking away valuable property and withholding part of your salary.

Depending on how competently you behave, each of these stages can go quite painlessly or, on the contrary, cost you a lot of effort and nerves. Let's look at each step separately and list the basic rules, compliance with which will make the borrower's life much easier. At the same time, it is important to understand that each situation has its own subtleties, which are determined not only by the features of the loan agreement, but also by the specifics of a particular region of Russia. Both the behavior of collectors and the position of judges will be significantly different for Moscow and, for example, for Khabarovsk or Grozny. If a large sum of money is involved, we strongly advise that you not only read the general guidelines, but also contact a local lawyer who is familiar with the practice in your area.

Pre-trial stage: what to expect from debt collectors if you don’t pay your loan

Suppose you decide not to repay the loan, what will be the consequences of this step? Literally a week or two after you miss the first payment, you will start receiving calls and SMS messages from the bank. At first these will be fairly polite reminders, but if the delay continues to grow, the messages will become increasingly harsh. After a couple of months, your loan will likely be referred to the bank's collection department or a third-party collection agency. There is no significant difference between these options, since both the in-house collection department and the external agency use the same methods. In practice, both are usually called simply “collectors”, without going into legal details.

The most popular method of influence from collectors is annoying calls to all known telephone numbers. Several dozen such calls can be received per day (both day and night). Sometimes there will be a “live” person on the other end of the line, sometimes there will be an autoinformer. The essence of all calls is approximately the same: “You owe money! Pay the money! When will you pay?”, but the tonality can vary greatly. Some debt collectors behave relatively politely, at least without direct threats of physical violence. However, you need to be mentally prepared for extremely harsh and unambiguous hints, for example:

• – Your son goes to school alone in the morning, aren’t you afraid for him?
• “There was one guy here who didn’t pay his debt either; they found him with a broken head.
• - No money left? If you sell your kidney, they can do something else for debts.

It should be remembered that all these are nothing more than empty threats. In our many years of practice, there has not been a single case where debt collectors resorted to physical violence and caused harm to health. In any case, hearing all this is very unpleasant, so be sure to record all conversations on a voice recorder, and as soon as threats begin, write immediately police report against collectors, and complaints to the prosecutor's office. In fact, many of the actions of debt collectors go beyond the boundaries of the law, so you can (and should) complain to law enforcement agencies not only about threats. However, only a professional lawyer can understand the details of a specific situation and prepare competent documents.

In any case, do not hesitate to write statements to law enforcement agencies. Yes, without the help of a lawyer you will not be able to punish the debt collectors, but your task is different - to get them to leave you behind. Practice shows that the police have unofficial leverage, and if you submit several applications, the collectors may receive an informal instruction not to contact you. Unfortunately, you may have quite a lot of reasons for such statements. For example, unknown people can puncture the tires on your car, fill the door lock with glue, write something unpleasant on the door of your apartment with a permanent marker, etc.

Collectors can write down the door of your apartment or damage the lock on it. Even neighboring doors can be stained to turn the neighbors against you.

You need to be prepared for the fact that pressure will be exerted not only on you personally, but also on your relatives, acquaintances, and neighbors next door. Collectors may come to your children's school and tell their class teacher about your debts. They may call you at work to report your unreliability to management and threaten a tax audit if management does not put pressure on you. They may drop flyers with information about your debt into your neighbors' mailboxes. They may call your parents and demand money on the grounds that they raised you poorly. They may send you fake subpoenas and orders to initiate criminal proceedings.

In general, the methods of psychological pressure can be very different, but on your part there should be one reaction to everything - to complain. It’s just important not to forget that each government agency has its own area of ​​responsibility, and in order to achieve results, you need to write strictly to the address. For example, if we are talking about the disclosure of bank secrets, it is useless to write to the police, you need to complain to the Central Bank. If the violation concerns your personal data, then you need to complain to Roskomnadzor. Let us remind you that each subject of the Russian Federation has its own regional specifics, so before sending complaints it is advisable to consult with a local lawyer.

If you behave correctly with debt collectors, they will most likely quickly stop causing trouble. They may either “forget” about you altogether for a while, or simply move on to formal communication without harsh pressure and threats. However, you need to understand that the situation may repeat itself from the very beginning if your debt is transferred to another collection agency. In this case, you need to follow the same algorithm: record every step and, as soon as the law is violated, write complaints to government agencies. If you do not respond to pressure, then after a while, most likely, a lawsuit will be filed against you.

Loan court: How to officially reduce your liabilities

Going to court usually occurs six months to a year after the borrower stops paying the loan. However, in some cases this period may be significantly shorter (a month or two) or significantly longer (several years). More often, the bank goes to court rather than the collection agency, since in most cases it is the bank that retains the right to claim the loan. However, a lawsuit is an additional cost for the bank, and if we are talking about small amounts, then there may not be a trial. The question of what amount is considered “small” depends on the specific bank and region of Russia. For example, in Moscow there are practically no lawsuits for debts of less than 50 thousand rubles.

When the bank decides to take the issue to court, it will have two options, very different both in procedure and consequences.

First option- this is an appeal to a magistrate, who does not summon the borrower and does not listen to his objections, but immediately issues a court order. There is no need to be afraid of such a development of events, since a court order can be canceled as easily as it was issued; To do this, you just need to write correctly application to cancel a court order. We can say that this option is designed exclusively for the fool, and if you know your rights, then the bank will simply waste time without any threat to you. However, the cancellation of the court order is not the end of the story; usually after this the bank uses another mechanism and goes to the district court.

So, second option- This is a statement of claim in a “regular” district court. In this case, the borrower will face a months-long trial, about the beginning of which he will be informed, see the article “ If you receive a subpoena regarding a loan" During this process, the borrower will be able to provide the court with objections to the bank’s demands, as well as his version of debt calculation. If the borrower makes competent arguments, the court can significantly reduce the amount that the bank initially demanded. However, only legal arguments with reference to laws are taken into account, and no one will listen to stories about hard life in court. In fact, this means that if the borrower does not have a legal education, then in order to protect his interests in court, he needs to seek the services of a credit lawyer.

Helpful information

Post-trial stage: how a court decision is executed

So, several court hearings took place in your case, the court considered the arguments of the parties and made a decision. Except in extremely rare cases (for example, when The statute of limitations on the loan has expired), the court decision will say that you must pay the bank a certain amount. This amount may be more or less depending on whether you protected your interests yourself or hired a professional credit lawyer. However, in any case, you need to be prepared for the fact that if you stop paying the loan, the court will demand that you return the money to the bank. Usually, the court decision does not indicate a payment schedule, and all the details are determined by the next authority - the bailiffs.

Unlike debt collectors, who according to the law do not have any powers, bailiffs have powerful tools for collecting money. First of all, we are talking about the seizure of the debtor’s property: real estate, cars, household appliances and electronics, money in accounts in other banks, etc. In addition, bailiffs can withhold up to 50% of your “white” salary, which will be immediately transferred to a special account. However, if no property is officially registered in your name, and you do not have a “white” salary, then it is quite possible to agree with the bailiffs on a payment scheme that is convenient for you. For example, you can transfer a very small amount (literally a few thousand rubles) to a special account every month, and the bailiffs will not bother you.

It is important to understand that if you return the money by court decision through the bailiffs, then the debt has already been fixed, and no interest or fines will be charged anymore. You can pay the total amount for at least ten or twenty years - to the extent possible, and this amount will not increase. Naturally, everywhere has its own subtleties and pitfalls. For example, if after a court decision you “donated” an apartment or a car to your relative (to avoid seizure by bailiffs), you may be charged with a criminal offense - fraud. To avoid problems, we strongly recommend that you do not rely on general information from the Internet, but consult with a professional credit lawyer.

Summarize. If you do not pay the loan, three stages await you: first, pressure from collectors, then a lawsuit, then enforcement of the court decision by bailiffs. All this can be experienced painlessly if you prepare in advance and behave competently in each situation. First of all, we advise come for a consultation with a credit lawyer who knows the practices in your region.

As long as these numbers concern someone else, you don’t think much about them. But once you try it on yourself, the question becomes relevant: what will happen if you don’t pay the loan? What could be the consequences? Is it possible not to repay a loan legally?

Let us immediately note that it is almost impossible not to pay the loan and get away with it in 2017. A borrower with overdue payments will face persistent and harsh reminders, unpleasant communication with, and then a trial and debt collection, often with the simultaneous seizure of property owned by the debtor.

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

The banking community keeps unofficial statistics, numbering dozens of reasons that citizens use to explain their refusal to make payments. Let us highlight two main ones.

Reason #1: Declining income of the population

In the first 7 months of 2017 alone, real disposable incomes of Russian citizens decreased by 1.4%. And in just the last 3 years, according to the Higher School of Economics, the average Russian has lost about 20% of his income.

This factor had the greatest impact on those who took out a car loan with a large monthly payment. It is especially difficult for those who suddenly lost their jobs - due to layoffs, conflicts with management, illness or other equally sudden circumstances.

The same applies to a reduction in income due to maternity leave or retirement. If a person had no savings, but had loans, an unexpected loss of a source of income immediately leads to arrears. Or to new debts.

According to the National Bureau of Credit History (NBKI), every second consumer loan is taken out to repay previous loans.

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

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

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

Reason #2: Deliberate evasion of payment

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 were foreign companies, and allegedly repaying the loan would 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 do not have the right to lend to individuals). But this example illustrates well how inventive those who obviously did not intend to repay the borrowed funds can be.

Here's 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 mayor’s office and reconstruct it into a residential building. I took out several consumer loans at high interest rates. I sincerely believed that after the work had been completed, the tower would become a good object of collateral, and interest rates would be reduced.

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

As a result, he found himself the owner of eight loans at the same time, which he had absolutely nothing to pay off. Banks refused to accept architectural rarities as collateral and lower interest rates. And the entrepreneur stopped paying.

Now he is sure that this should have been done earlier - then there would have been no fuss with microfinance organizations and related problems. Slowly he began to repay the debts of the microfinance organization, and expects to get access to bank loans in a couple of years at the earliest. 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 person, a former director of a large organization - is mortally afraid of defaulting on a mortgage loan. He is absolutely sure that immediately after this, riot police will come to take away the apartment, and he will immediately be sent to a colony.

Many people think so, but in fact, banks are much more loyal even to problem borrowers. obliges every credit organization to have regulations for working with debtors, which do not provide for soldering irons or even night calls.

For any bank, a sharp increase in the number of “bad” loans means the need to increase reserves, reducing. Therefore, in most cases, the credit institution is no less interested in you repaying the debt. There are programs for this.

But be prepared for the fact that no one will babysit you. For you, these are your one and only loans, and every fifth bank manager has such loans. Therefore, if you fail to fulfill your obligations on time, get ready for unpleasant consequences.

Consequences of non-payment of a loan

First stage: pre-trial

As long as the bank is handling your debt (and this usually happens during the first 90 days of delay), you don’t have to worry too much: the matter will not go far beyond the law and human decency.

Legal actions of banks in case of late payment of loan payments

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

For the most part, the methods listed refer to mild psychological influences. They are aimed at law-abiding borrowers who have found themselves in an unpleasant life situation and will try to pay as soon as possible. Often banks cross the line and begin to promise measures that they have no right to implement.

Actions of banks not supported by legal grounds

• A promise to prosecute the client under the article “Fraud”. Here you must clearly understand that there is no breach of trust in failure to fulfill the loan agreement (this is what constitutes fraud). If you took out a loan using your own original documents, your actions do not fall under Article 152 of the Criminal Code of the Russian Federation; there is no judicial practice in this kind of cases.
• A promise to list and auction 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 bailiffs. And then - after an appropriate court decision and with restrictions, which will be discussed further.
• Promise to terminate parental rights. The most delusional threat. Only the guardianship authority has the right to carry out such an action if parents or guardians cannot properly support and raise their children. The bank is not children; loan arrears have nothing to do with family relationships.

At this stage, under no circumstances should you hide from the bank. The best option is when you contact a credit institution before any delays occur. We lost our job and went to the bank the next day.

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

How to communicate with a bank representative:

• You should always pick up the phone when you receive a call.
• First of all, check the first and last name of the interlocutor - often bank databases are “merged” with dubious companies that try to fraudulently lure money from borrowers. After the conversation, it wouldn’t hurt to call the bank’s hotline and find out if such an employee works.
• If technically possible, record the conversation.
• Try not to react to the rude tone of your interlocutor. Invite him to calmly state his claims, clarify the amounts and terms of the debt.
• Try to find out whether this employee is related to the department in which you took out the loan, or whether he is a bank security officer who is only authorized to convey to you information about sanctions for late payments. Just listen to the second one, ask the first one when you can come to the bank to restructure the loan.
• It is better to take a philosophical approach to direct threats and accusations: you yourself understand that you have violated the contract, and the bank has no right to do anything illegal to you. You will only lose money if you pay for it yourself; the property will remain with you.

Second stage: court or collectors

After waiting 90 days, the bank decides to move forward with your case.

There are two options: either the proceedings regarding non-payment of the loan will continue in court, or you will have to deal with a collection agency if bank analysts consider it more profitable to include your debt in a package of difficult-to-collect debts and sell them 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 scary word for debtors has often been heard in recent years.

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

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

An egregious incident occurred in Ulyanovsk, where a collector threw a Molotov cocktail at the debtor’s window. He ended up right in 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.

Trial of a collector from Ulyanovsk

Since there was no legislative regulation of the activities of debt collectors, it was difficult to hold them accountable.

But on January 1, 2017, the law regulating work on the return of overdue debts came into full effect (No. 230-FZ of July 3, 2016). It significantly limited the possibilities of debt collectors and largely protected debtors. The number of lawless people in the ranks of collectors has sharply decreased. But it didn’t come down 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 photograph of her little granddaughter in a “funeral” interior.

Is it possible to protect yourself from such situations?

Collection agencies can work with your debt in two types:

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

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

How to communicate with debt collectors

• Always try to find out the full name of the person calling you. This will help not only to reduce the intensity of passions in the conversation, but also, if something happens, to competently write a statement to the police.
• Find out who is in charge of your debt - a bank or a collection agency.
• Find out whether the interlocutor is authorized to make decisions on your loan - for example, about restructuring. Do not get involved in disputes under any circumstances. The already mentioned Tomsk owner of the reconstructed tower conducted a long correspondence with collectors, in which he did not say a single impolite word and did not dispute a single statement of his interlocutors. In the end, they began to contact him much less often.
• If you are threatened, insulted or abused by debt collectors, contact the police.
• To avoid being shown the door, take care of evidence in advance: try to record all conversations, including personal meetings, and do not hesitate to videotape any illegal actions of debt collectors.

Trial

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

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

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

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

You can avoid receiving it, but this will not give you anything: the issue will be resolved without your participation (the law allows this), and you will not get the opportunity to at least somehow explain your actions and achieve a court decision that is more favorable to you.

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

Even before the trial, you should stock up on documents confirming valid reasons for non-payment of the loan. This could be a work book with a notice of dismissal, or other papers indicating that you were unable to pay on time.

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

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

Remember: if you pay at least 100 rubles monthly towards the loan, this will tell the court about your clearly expressed will to repay the debt.

The best strategy for going to court is:

• Acknowledge the debt (if you really have one), constantly talk about your desire to pay it off.
• Behave politely and correctly at meetings, do not blame the bank for high interest rates and the brutality of the security service - this is pointless, no one dragged you to the bank at gunpoint and forced you to sign a loan agreement.
• Try to support each of your statements with evidence.

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

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

• Oblige the debtor to pay the debt in a lump sum (including through the independent sale of property).
• Pay off debt with salary deductions over a period of time.
• Repay the loan in full, but without penalties or late fees.
• Forcibly collect the debt from the borrower's property.

Within 10 days after 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 forcibly collect the debt from you, the relevant enforcement 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 from bank accounts;
• evict the debtor from the apartment (the only housing can be seized, but it cannot be evicted from it).

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

But here is what bailiffs do not have the right to collect:

• Land plots under the real estate located on them - the land cannot be taken away if the house on it remains the property of the borrower.
• Household and personal items (excluding luxury items).
• Machinery and equipment used in the borrower’s professional activities.
• Food and cash in the amount of the subsistence level for each family member.
• Firewood and other fuels used for cooking and heating homes.
• Livestock and poultry (unless they are raised for sale).
• Transportation and other devices used by a disabled debtor.
• State awards, badges of honor, prizes.

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

There are at least six options to get rid of your credit load in a completely legal way.

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 contradict the law (for example, on the calculation of interest on loans, penalties, or the collection of overdue payments).

The court's cancellation of such provisions leads to a serious reduction in the debt, and in some (albeit very rare) cases, to a complete cancellation of payments. But this trick, of course, won’t work with documents from large banks.

Method #2: Debt redemption 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 the company of a rich uncle.

The minimum cost of your debt is 20% of the total amount. Maximum – 50%. So your relatives will also earn extra money from you. Another thing is that not every collection agency will agree to part with a gold mine so easily.

Method #3: Refinance or loan restructuring

3 If there is arrears, this is not an easy matter, but it is possible if you contact banks such as Tinkoff, Home Credit or Renaissance Credit. Maybe you'll be lucky and you'll get money at high, but not exorbitant, interest rates and pay off your existing debt.

(increasing the loan term with a reduction in the monthly payment and spreading late fees over many months or eliminating them completely) is easier. But the debtor himself must offer this option, and the bank will decide.

Method #4: Credit holidays

4 An uncommon option. The bank allows you to pay only interest for a certain time (usually a year), while the payment of the “principal” debt is postponed. Without a good credit history (before delays), there is nothing to count on this option.

Method #5: Loan repayment through insurance.

5 If, when concluding a loan agreement, you bought a special product from an insurance company - insurance against non-payment of debt - then your debt (if there is a valid reason specified in the policy) will be paid off by the insurers. The pleasure is expensive, and only a few go for it.

– There are situations when debtors get away with it. For example, this year, a pensioner from Vladimir had 4 million rubles of debt written off after she filed for personal bankruptcy, and the court decided that she simply did not have any property to recover. But this rarely happens.

Stories like this are more common: a woman entrepreneur from Rostov-on-Don took out a loan for her daughter’s education. Then another one - to cover business losses during the crisis. Then another and another... Now she has 6 loans, three of which are already being collected by the bailiffs. Plus, a criminal case was opened against her under the article “Fraud” due to the fact that the woman borrowed money from a friend to repay one of the loans, and then went into hiding so as not to repay the debt. The business is closed, the store is seized, the house is also seized, the husband left, the daughter dropped out of university.

But what other consequences threaten those who do not repay the loan or hide from bailiffs:

QUESTION: Can they be sentenced for real time for non-payment of a loan?

– According to the Criminal Code of the Russian Federation (Article 177), only malicious defaulters can be brought to criminal liability (they took out a loan knowingly without the desire to repay, did not make a single payment) if the amount of debt exceeds 1.5 million rubles. But even in this case, sanctions may be different:

• fine from 200,000 rubles;
• deduction from salary/other income for a period of up to 18 months;
• compulsory work for up to 480 hours;
• forced labor for up to 2 years;
• arrest up to 6 months;
• imprisonment for up to 2 years.

QUESTION: Can a bank forgive a loan that has expired?

– We recommend reading on a topic with good examples, judicial practice, etc. In short, yes, you can avoid paying off your loan after the three-year statute of limitations expires. But in practice, this can be a much longer period, during which you will actually have to be in a semi-legal position... Is the size of your loan worth such sacrifices?

The fact is that the statute of limitations applies to each installment on your loan payment schedule. This means that another 3-5 years can be added to three years, and in the case of a mortgage – even 10-15-20 years. Open the article about the limitation period using the link above, there are detailed and visual calculations, everything will become clear to you right away.

If you nevertheless decide to resort to such a scheme, then do not forget about the story of the family members of the borrower from Taganrog, who did not pay the loan for 3 years, went to the other end of the country and returned only when he learned about the cancellation of the debt.

His relatives were happy with him right up until the moment they tried to take out a loan themselves. Despite the cleanest credit histories, not a single bank in the city gave money to anyone related to the cunning citizen. They were secretly told that they were all blacklisted for life as borrowers and could only count on money from microfinance organizations.

Conclusion

So, friends, every person in life can have a bad streak. And if it affected your loans, then you need to clearly understand that your credit history will be damaged and in the future, when you need a loan for something very important, you will not get it.

Get ready for the fact that the bank will not just leave this matter, you will have to repeatedly communicate with the credit institution’s lawyers, possibly collectors, and these conversations will not be pleasant.

But if this happens, then first of all try to negotiate with the bank, find a compromise solution (credit holidays, restructuring, refinancing, etc.).

Collect all documents that you may need in the future in court to prove the impossibility of paying the loan or your insolvency.

Finally, if you decide to start hiding, then, in addition to the consequences listed in this article, remember the boomerang law. Everything in this life comes back and you have to pay for everything. There is no need to deceive anyone, live honestly, accept all the hardships of life bravely and look for legal ways out of any situation.

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If I don't pay my loan, what should I do? In the context of modern economic instability, the number of people unable to repay their debt obligations on time continues to grow. A person who has lost his job is simply unable to make monthly payments and he begins to wonder what will happen if he does not pay the loan for 3 years?

There are countless stories on online forums about unlucky borrowers and what happens when they default. The most common reason is that I can’t pay the loan because I don’t have money or work!

The consequences of non-payment can be very sad, so it is better to familiarize yourself with possible troubles in advance and find ways out of the current situation. Let's try to figure out whether non-payment of loans is a disaster, or is everything not so scary?

From this article you will learn:

What types of loans are there?

There are several types of loans for individuals:

• Targeted - this could be a mortgage, car loan;
• Consumer - finances are issued for any needs;
• Loans by card;
• Purchasing goods in installments.

If you do not repay a loan to a bank taken for certain needs, then it takes away the collateral to repay it. They usually take away a vehicle, an apartment, a plot of land.

How long can you go without paying your debts?

Financial institutions carefully monitor the receipt of payments into their accounts. After the first week of delay, calls from institution employees and SMS reminders begin. At first, the insolvent person will be dealt with politely, but over time the tone of communication may change.

Then the debtor begins to regularly receive letters demanding to pay the loan.
After this, the financial institution can resell the loan amount to collectors, about whom horror stories have long been told.
If all these methods do not help, then the bank turns to the judicial authorities for forced collection of funds.

If you don’t pay your loan for 2 months or more, what happens?

It also happens that a person has lost his job and is actively looking for a new one. During this period, he has no opportunity to pay off his obligations. And at this moment he is interested in one thing - what threatens me if I don’t pay the loan for a while?

• If payments are not made for two or more months, then fines and penalties continue to accrue throughout this period. The total amount of debt is only increasing.
• If delays occur regularly, the financial institution has the right to terminate the contract early and demand payment of the remaining amount within a short period of time.

What to do when faced with threats from the bank and debt collectors?

Banks rarely resort to threats to life, preferring to act within the law. If payment on debt obligations has not been made for more than a year, then financial organizations resell the debt to a collection service. This is what people who have committed delays fear most.

What is the correct action if there is pressure from the collectors?

Remember that debt collectors do not have any rights to seize property or money. All these actions can be classified as extortion and are prosecuted in accordance with the established procedure.
If you can’t pay your loan, and debt collectors are ruining the lives of your relatives and neighbors and threatening to kill you, then you should immediately contact the police. It is better to record every threat and call on a voice recorder or video camera.

Such organizations rarely go beyond what is permitted and use physical force. The main methods of their activities involve psychological pressure on the hapless unemployed.
Crying and begging them to leave you alone is pointless. Contacting legal authorities will save you energy and nerves. If the police are inactive, then contact the prosecutor's office!

If you don't pay for a year or more

One of the frequently asked questions on forums is “I haven’t paid my loan for a year, what should I do?” The advice given to such a borrower is very ambiguous, so it is better to turn to professionals who can help in this situation. Stopping making loan payments is not a way out of this situation, because the possible consequences may be unpleasant for an insolvent person.
In case of a long delay, the financial organization goes to court for a procedure for forced repayment of the loan.
There are two ways to go to court:

1. The bank turns to the magistrate, who has the right not to notify the defendant, but to make a unilateral ruling.
2. The bank appeals to the district court. In this case, the borrower is certainly notified of the upcoming trial. If a person comes to the meeting and provides specific facts about the impossibility of payment, supported by legal provisions, then the judge can meet halfway and reduce the amount to be paid, reducing penalties, fines and interest. You can pay off the amount of debt for several years; moreover, it will not increase, because after the decision is made, the growth of the debt stops.

What happens if you don’t pay the loan at all after a court decision?

At the court hearing, the procedure for repaying the problem debt is determined. If, after a court decision, the debtor does not want to repay debt obligations, then the writ of execution in this case is transferred to the bailiff service. This service is endowed with enormous powers to collect problem debts.

• The bailiff will block all the debtor's accounts and forcibly write off the money to a special account of the creditor;
• Property is confiscated for subsequent sale at auction;
• Up to 50% will be withheld from the borrower’s official income until the entire amount is paid in full;
• Movable and immovable property is seized. The debtor will not be able to donate or sell it;
• The person will not be released from the country and will not be able to travel abroad until he has paid everything in full.

How long can you avoid paying a loan after a court decision?

If there is no property and no official income, then you can try to find a compromise with the bailiffs and pay monthly feasible amounts. Then troubles can be avoided. You can pay in this way for three years, five years, or more. If you pay minimal payments, even 50 rubles, then the bailiffs will not bother you. Stopping paying such amounts means that sanctions from the collection service will be applied to you again.

Can I be jailed for non-payment of debt?

Collectors like to scare insolvent people with possible imprisonment. Let's figure it out: will a person be jailed if he doesn't pay his bills?

Article 177 of the Criminal Code of the Russian Federation “Evasion of payment of accounts payable” allows for prosecution for non-payment of loan obligations for up to two years in prison. But prosecution under this article occurs if the amount is more than 1.5 million rubles.

Another article that people love to scare insolvent borrowers with is Article 159 of the Criminal Code of the Russian Federation “Fraud”, which also allows for a term of imprisonment of up to two years. But attraction under this article occurs if a person obviously did not intend to make payments when he resorted to lending. This is very difficult to prove, so 99% of insolvent people don't have to worry.

Lending is a procedure related to civil procedural relations. Therefore, criminal prosecution occurs only in cases where intent to evade the fulfillment of one’s obligations is proven, and since this is very difficult to do, no one will be imprisoned.

The difficult economic situation prevents most people from making monthly debt payments. The duration of the delay is two, three, and sometimes five years.

If you don't pay the loan for three years

I haven’t paid the loan for 3 years, what will happen? This question interests many ordinary people. Article 169 of the Civil Code of the Russian Federation states that a financial organization risks losing the right to claim debt after three years. This is the limitation period for cases of this category. If you do not pay the loan for three years and during this time the bank does not sue the unscrupulous payer, then the statute of limitations expires and it is impossible to bring him to fulfill his obligations.

The period of three years begins to be calculated from the moment the last payment is made. If the plaintiff does not exercise his right to file an application with the judicial authorities, he will lose the right to claim the amount of the debt. Even if representatives of a financial institution turn to the State authorities for help in collecting such debt, the defendant must file a counter-application with the argument that the statute of limitations has expired. After this, the negligent debtor cannot be forced to return the funds. Therefore, those people who have not paid their obligations for three years can sleep peacefully.

The same advice can be addressed to those debtors who are tormenting themselves with the question: “I don’t pay the loan, what will happen if 4 years have passed?” - Nothing will happen. If you borrowed money and did not pay for three years, then all periods of application of the forced collection procedure to you have expired, even if the amount has not been paid in full.

If you don't pay for 2 years

You don't have to pay the loan for two years. But the remaining time before the expiration of the statute of limitations will have to live in anticipation of the visit of collectors or bailiffs. It must be remembered that as soon as you make a small payment, the limitation period begins to count down again.
Therefore, if a person asks the question - “if I don’t pay the loan for 2 years, what will happen?”, then he can be advised the following:

• Wait until the established statute of limitations expires if no collection action is taken;
• Try to take out a loan elsewhere and restructure the obligations. By the way, the annual interest in this case may be less and the overpayment will be reduced.

All these actions will help avoid unpleasant consequences.

Video about the consequences of non-payment of a loan

Do late payments affect your credit history?

If one or two minor delays occur, the bank does not transfer the borrower’s data to the general credit history bureau. But if you don’t pay for a long time or the creditor turns to the courts to collect the debt, then this data is entered into a common database, which will subsequently greatly complicate obtaining other types of lending. This also applies to cases where a person’s financial situation stabilizes. A loan paid on time is the key to successful cooperation with financial organizations in the future!

In conclusion, we note that debt collection occurs differently in each region. If you do not have legal knowledge to defend yourself, then it is better to use the services of a lawyer. He will be able to do everything correctly and save a lot of nerves and effort.

What to do if there is a delay and there is nothing to pay the loan? How does a court case with a bank proceed 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 HeatherBeaver 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 don’t pay your credit bills.

The publication will be useful to everyone who has taken out a bank loan at least once, as well as to those who are planning to do so in the near future or in the distant future. Knowing what happens in case of non-payment of a 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 missed the payment. Therefore, I know first-hand what a bank can do in such situations.

Below I will tell you everything in detail!

1. What happens if you don’t pay the loan?

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

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

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

What to do if it is impossible to 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 action plan if something happens.

If the debtor behaves competently, 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 proceedings for his 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 discussed with financial managers, who for the most part are always ready to compromise.

Myths about non-payment of loans

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

If you fail to pay your loans, the following will NOT happen to you:

• no one will break your legs, cut out a kidney or kidnap your children: to date, there have not been any cases of real physical violence against debtors by collectors or banks;
• if you are not a persistent defaulter, you will not be sent to prison or given a suspended sentence - when they say “trial for non-payment”, they mean an arbitration court, not criminal prosecution;
• social workers will not deprive you of parental rights;
• your relatives will not be held responsible for the debts (unless they were guarantors).

In other words, non-payment of 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 towards unpaid debts is as unacceptable as fear and panic. You won’t be able to avoid unpleasant moments, but you can prepare for them in advance.

Legal aspect of the issue

Protecting the rights of the debtor is the work of the debtor himself, as well as the lawyers and anti-collector agents he has attracted. No one will help borrowers for free, but they have the power to study the legal aspects of insolvency and skillfully use the knowledge gained.

The law on bankruptcy of private individuals in the Russian Federation came into force at the end of 2015. Before that, all conflicts between banks and loan recipients were resolved individually within the framework of general federal legislation.

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

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

Abroad, the lending system has been operating for a good hundred years; The residents of our country have not yet developed an appropriate attitude towards debt issues. In the mid-2000s, citizens took out loans, as they say, “in batches,” almost without thinking about how they would repay them.

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 microfinance organizations;
• Of this number, 5-6 million have the status of defaulters - 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 actions of bank employees, so that if something happens, you have something to contact law enforcement agencies.
2. Trial stage. The bank has the legal right to recover money through the court. During the process, the debtor's property (material assets and accounts) are subject to seizure.
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 of loans will be minimal. If you choose the wrong course of action, bankruptcy will take away a fair amount of your strength and nervous energy.

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

Before moving on to the stage of collecting money after a trial, I’ll tell you a little about the bank’s pre-trial actions.

If you decide not to pay your bills or cannot do so for reasons beyond your control, do not 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 be sent to your number. Then the staff will start calling you. At first, these requests will be correct - you never know, maybe you really just forgot to transfer money to your account. Then the reminders will become more severe.

Some clients at this stage choose a completely wrong line of behavior - I call it the “ostrich position”. They don’t answer calls, ignore SMS calls and generally bury their heads in the sand, apparently believing that the problem will resolve on its own, like a stitch after a hypnotherapist session.

I assure you, it will not resolve. The number of calls will only increase, and after a while your case will be transferred to the collection department of a financial company or collectors. These structures act in almost the same way - they put pressure on the debtor in every possible way, preventing them from relaxing.

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 the case comes to court, it is 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 rendered a verdict. Usually the court's decision is clear - the debtor pays the bank a certain amount. How this will be done depends on the specific circumstances of the case.

All details of subsequent sanctions are determined by bailiffs. This authority has much more powers than the same collectors. Bailiffs have the most powerful enforcement tools in their hands, allowing them to achieve the main goal - fulfilling debt obligations.

I will tell you about these tools in detail.

Stage No. 1. Seizure of property

Seizure of movable and immovable property is an almost mandatory procedure if it comes to declaring bankruptcy of individuals and legal entities. Seizure is also imposed in cases where you took out a loan against collateral.

Example

If you took out a loan secured by your own car, the court has every right to seize your car. By deciding to sell it or hide it, you will become a malicious evader and may incur criminal liability for your actions.

After the car is seized by the court, the vehicle will be described by bailiffs and then sold at free auction. Proceeds from the payments will be used to pay off the debt. If there is any extra money left after the sale, it will be returned to the owner.

But even if there was no talk of any collateral when drawing up the loan agreement, the property can be seized - in situations where it is impossible to repay debts in any other way.

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

What happens if the debtor does not have valuable property? Banks and bailiffs will look for other options for repaying the debt. They will make inquiries to tax and financial institutions to find out your place of work, salary and bank account status.

Stage No. 2. Foreclosure of funds

Collection of debtors' finances 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 a 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 government benefits are received.

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

Stage No. 3. Indexation of the debt amount

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 a fool.

Against the backdrop of the permanent instability of the ruble, indexation of the debt amount becomes especially relevant. Such a decision is usually made in cases where a court verdict regarding the fulfillment of debt obligations has already entered into force, but the debtor for some reason did not fulfill it or did so only several years later.

The threat of indexation is a kind of incentive for debtors to execute court decisions more efficiently.

Stage No. 4. Sending a writ of execution to the place of work

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

At the place of work of the person, the bailiffs send a writ of execution, which orders the withholding 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 such a decision cannot be completely reversed.

Stage No. 5. Restrictions on rights

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

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

Of course, bankruptcy negatively affects a citizen’s credit history. It is unlikely that he will be able to take out a new loan if he has already been in court for non-payment of a previous debt.

Stage No. 6. Forced eviction

Bailiffs can seize an apartment and evict the owner only if this is not the debtor’s only home. In addition, the amount of debt must be comparable to the price of the property.

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 seizure of housing, but will try to resolve the issue in a different way.

Real estate will also not be taken away if part of the living space belongs to minors or if they are at least registered in the apartment. Social care authorities strictly monitor compliance with children's rights.

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

3. How not to pay a loan legally - 5 basic tips

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

In rare cases, it is even possible to refuse payments completely - if gross violations are discovered 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 to buy the debt from someone close to you.

Not all borrowers are aware that this method of resolving the issue even exists. However, the redemption procedure is completely legal and is similar to that of transferring a bank debt to collectors.

The minimum ransom amount is 20%, the maximum is half. The law allows debt repurchase by legal entities.

The best option for resolving a debt issue. Banks often accommodate 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 a previous loan;
• deferment of payments (credit holidays) - sometimes the bank allows clients to postpone debt repayment for a year or two (during this period only interest is charged).

Finding a compromise is easier for loyal customers who have not previously made late payments.

Tip 4. 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 a citizen’s solvency:

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

Restructuring is one of the favorable outcomes in bankruptcy cases.

Admission of insolvency means that the debtor really does not have the ability to repay the debt. When a person becomes bankrupt, their property and accounts are seized. Next, a procedure for selling assets is prescribed.

The assessment of the value of 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 you can’t pay the loan – review of the TOP 5 anti-collection agencies

People who find themselves in difficult financial situations are helped 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 the 5 most competent and popular law firms in this area in the Russian Federation.

1) OFIR

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

Help from professional credit lawyers (anti-collectors), support for citizens in difficult financial situations, work with banks, collectors, microloan organizations, leasing agencies.

2) First Anti-Collection Agency

A company working on issues of debts of citizens and legal entities to banks, microfinance organizations and leasing companies. The name of the company speaks for itself - any anti-collection services, legal debt write-off for individuals and legal entities.

Guaranteed confidentiality, round-the-clock professional advice from lawyers and bankruptcy specialists. Experience in handling complex financial and legal cases that other anti-collection companies have refused.

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

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

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

The company's staff includes lawyers with the highest level of qualifications, experience in bankruptcy cases and thorough knowledge of the Civil Code. Guarantee of a quick resolution of any conflict situations, reduction or cancellation of fines, reprofiling of debt obligations.

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

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

For convenience, I will present the main characteristics of agencies in the form of a table:

№	Company name	Head office location	Advantages and features of work
1	OFIR	Moscow	Guaranteed success in 99% of cases
2	First Anti-Collection Agency	Moscow	Resolution of the issue in favor of the client within 24 hours
3		Moscow	Free consultations by phone
4		Moscow	24/7 remote consultations via the Internet
5		Saint Petersburg	A course for maximum savings of client funds.

Each person taking out a loan - ideally - has roughly predicted exactly how it will be repaid. Some, but not all, even have some kind of fallback option for force majeure situations. But forecasting and future analysis are not within everyone’s control. And it will be very useful for such borrowers to know what will happen if they do not pay the loan. With this information, you will not be afraid of the occurrence of delay and its consequences.

Relations with the bank: in what direction are they changing?

Let's start with the good: there are so-called safe delays. They arise in a situation where the payment delay does not exceed five days. Of course, there will be consequences (for example, a penalty of 0.1% of the next payment), but they are unlikely to ruin the life of the borrower.

But if you don’t pay the loan for a month, then this is a completely different matter, because the lender will no longer agree to a deferment. As well as for restructuring. In addition, after 30 days of delay, the information is transferred to the NKBI and the credit history turns out to be damaged.

After loan repayment has been suspended for some reason, there are three stages in relations with a financial institution:

• pre-trial;
• loan court;
• post-trial.

The first case is ideal for testing the psyche, since pressure begins to be put on the borrower. Moreover, first the creditor threatens, and then the collection service. The best defense is recording the facts of threats (dictaphone, camera, recording telephone conversations) and then contacting the police.

The second stage is characterized by the bank filing a claim in order to return the funds due to it through the court. This process will probably take several months. However, the main thing is that the court will fix a specific amount of debt.

If the client does not pay the money in the amount established by the judicial authority, the third phase begins - the post-trial phase. Here the bailiffs are already the masters of the situation. These guys will make sure that the repayment goes smoothly. Possible options are withholding part of the salary and/or confiscating valuables from the borrower.

Remember, if you know what will happen if you do not pay the loan to the bank, then you will be fully armed in a situation where the first stage gives way to the second, and the second to the third. Such knowledge will help save not only money, but also nerves and peace of mind.

What you need to know about collectors?

As you already understand, there can only be one answer to the question of how long you can avoid paying a loan: it is better not to allow such a development of events. But if the delay has arisen and is growing, get ready to meet with collectors.

Not all banks use their services. Those who do not resell debts first work with problem borrowers by sending them SMS reminders about the need for repayment or phone calls. If attempts are unsuccessful, a third-party service is connected - a collection service.

The methods used to force a person to pay off a debt are sometimes inhumane. This could be, for example, calls at night with threats of physical violence. To protect yourself from the harassment of such clever people, you should record them and submit them with an appropriate statement to law enforcement agencies. You should not think that this is ineffective. It’s better to think about how you will feel when relatives and friends begin to be influenced.

It should be understood that you need to contact the department that is in charge of the relevant violations:

• threats by telephone or in person - police;
• violations concerning personal information - Roskomnadzor;
• disclosure of information that is a bank secret - Central Bank of the Russian Federation.

Official reduction of obligations after joining Themis

What do you think the bank does if the loan is not paid and this debt is not sold to collectors? Absolutely right: he goes to court. This usually occurs after 6-12 months, starting from the date when funds from the borrower ceased to flow.

The lender has to choose from two possible options:

• appeal to the magistrate;
• filing a claim with the district court.

The first option is unlikely, since a court order is canceled as easily as it was issued. It is designed for those who have a very vague idea of ​​their rights.

In the second case, the proceedings can drag on for months. There is a very important point here. Some banks indicate in the claim an amount significantly exceeding the amount of debt with fines, penalties, and so on. Therefore, you should make your own calculations (they must be 100% correct) in order to have a counter-argument in court. You should refer to the loan agreement, bank tariffs taken on its official website, and so on. If everything is calculated correctly, then you will only have to pay for what you are supposed to pay for.

The good thing about the judicial stage of relations with a bank is that the judge fixes the amount claimed by the plaintiff. Simply put, the bank does not charge interest. This is a good reason to take a breath. However, it is too early to relax.

The court made a decision. What's next?

At this stage, prepare for a visit from bailiffs. Unlike semi-illegal collectors, they have many ways and tools that allow them to get money from the defendant. First of all, the property that falls under the distribution is a car, household appliances, bank accounts and even real estate.

If the borrower does not have property, his “white” income suffers. Part of the latter goes to pay the amount determined by the court.

For many of our compatriots, a salary “in an envelope” is a normal phenomenon, from which there is no escape. Therefore, if the borrower does not have official income, and does not intend to be imprisoned for failure to comply with a court decision, you can negotiate with the bailiffs. Usually, the defendant transfers a certain amount of money monthly to repay the loan, and the bailiffs do not bother him.

The law is harsh!

One of the best answers to the question of what will happen if you do not pay the loan in full is given by the Criminal Code of the Russian Federation. More precisely, its 177th article. It is entitled accordingly: malicious evasion of repayment of accounts payable.

What is the article talking about? Firstly, that liability occurs after the entry into force of a judicial act. Secondly, the measures applied to the violator can be mild or quite harsh. In particular, the punishment provides (either/or):

• a fine in an amount not exceeding two hundred thousand rubles. Alternatively, wages or other income received may be withheld for one and a half years;
• compulsory work for 60 working days (alternative: forced labor for 24 months);
• arrest (up to six months);
• imprisonment (up to 24 months).

As we see, the prospects for the defaulter are “more beautiful than the other.”

You can find the answer to the question of how long you can avoid paying a loan in the loan agreement. Usually in the relevant section (responsibility of the parties) this point is spelled out in sufficient detail. However, it will be much more useful to think about how to get out of the current situation with the least losses. At a minimum, without arrest, and even more so without imprisonment for up to two years.

Interesting statistics

And finally, some thematic information:

• Every fourth Russian family has an existing loan.
• More than a third of borrowers note that loan servicing (that is, interest payments) is the most difficult to cope with.
• Two out of ten who have a loan are confident that they will not be able to pay it back.

Statistics show that the main reasons for non-repayment of funds to a banking organization are sudden job loss and health problems.

Let's sum it up

Thus, if you don’t know what will happen if you don’t pay your loan for a month, rest assured. The bank will most likely send you SMS and call you to remind you to repay the debt. If these actions are ignored, you should prepare for the trial and the post-trial phase, which involves close cooperation with bailiffs and voluntary-compulsory repayment of debt.

11 June 2016, 18:33 9886 0