Those who collect debts. Who knocks out debts on loans or whom debtors are afraid of. Who knocks out debts on loans. What are their names

The happiness of owning goods bought on credit has a downside. // 20.05.2008

If there are problems with paying off the debt, collectors - professional debt collectors - can take over the debtor. How do they "knock out" money from borrowers and how can such "extortion" be resisted if it goes beyond the law?

Guarantor and borrower: who pays the debt

Advertising manager Elena Kosinskaya bought a Nissan Micra on credit two years ago. Everything was fine until she got into a fight with her boss and lost her job. Picking up the work book, the girl proudly told her colleagues that it would not be difficult for such a “specialist” like her to find a new job. However, in reality, everything turned out differently.

For half a year, Elena sat at home, subsisting on interest from rare transactions. Alas, it was not possible to get a job in the state and get a solid rate. There was a catastrophic lack of money to pay for a previously taken car loan, and Lena simply stopped paying on it.

Already a couple of months after the first failures in loan payments, the manager from her called and warned that if the debt was not repaid, then her case would be transferred to collectors (debt collectors). “Then I didn’t attach any importance to this at all: just think, collectors! For me, the main thing was to find a job, and there I would quickly pay off my debts. It was absolutely incomprehensible to me what was wrong: well, there are temporary problems with money, so what? place and pay off everything that I did not pay extra. Why make a fuss?" - Elena did not lose heart.

But the noise was raised, and what! Ms. Kosinskaya, fortunately, nevertheless found a new place, but collectors have already begun to closely deal with her. “My day began with calls from a collection company. I was meticulously asked: how are things at a new job, when can I start paying off a loan, can I borrow money from relatives or friends. owner of Micra. - They suggested that I ask for a salary in advance (I worked only the first month) or arrange an installment plan at work.

“My assurances that after the first salary I would start paying little by little, they, in my opinion, only infuriated them. “Little by little” didn’t suit me at all.

The situation was especially infuriating for the borrower when the collectors called the new boss and told her about her loan and problems with its payment. They were interested in whether Elena is a good employee and if they were going to fire her! "They began to look at me askance at a new job and find fault with everything I do. It all ended with the fact that I registered with another bank and nevertheless closed my six months overdue debt. Calls from collectors immediately stopped. However, now it's on me" “two loans are hanging and the salary is only enough to pay them off. But it’s okay, I hope that I can still handle it,” Elena sadly sums up.

As practice shows, most often not too attentive borrowers become wards of collectors, simply, in the order of interest calculation and the application of penalties. For example, by making a payment with a slight delay or not in full, bank customers consider their obligations fulfilled. And they do not even suspect that they have already been blacklisted by the bank or "hooked" to collectors.

And what, exactly?

But after the borrower stops making payments on the loan, the situation usually develops not in the best way for him. From the second day of delay, fines and penalties are "included", and after the third month of non-payment, the bank files a lawsuit and seeks either the sale of the pledge (if any) or payment of the loan by selling other property of the debtor.

In order not to deal with all this on their own, the creditor has the right to transfer the right to collect the debt to a third party - the collector. True, this right, for example, is not provided for even in the Law "On Banks and Banking Activities". According to banking lawyers, it is determined by the contractual relationship between the lender and the borrower. Most often, banks simply provide in the loan agreement for debt collection in case of delay.

Pay attention: if there is no such clause in the contract, then the bank does not have the right to transfer information to the collector. After all, the bank is obliged to keep secret information about its client, his income, especially about problems with paying a loan. Whether or not to sign an agreement in which the bank warns in advance that "in which case" the borrower will be dealt with by "third parties" - the client decides on his own.

Collectors work with banks either for commissions (15-40% of the collected debt), or by buying a package of "non-returns" from bankers. In the second case, the bank simply cedes its right to claim the debt to the collector, and the borrower settles with the new creditor. The consent of the debtor to transfer the debt to the new creditor is not even required - it is enough to notify him in writing that such a transfer has taken place.

And yet, most domestic collection companies work with bankers for a commission. So far, only one out of almost 20 operating companies is engaged in redemption of "problem" debt from banks.

Under the hood

Collectors themselves assure that work with negligent borrowers is carried out strictly within the law - no blackmail, no use of physical force. They have no right to invade the private life of the debtor, monitor him, listen in on his telephone conversations. Therefore, the inhabitant who has healed money is morally tormented, annoyingly reminding of the debt and explaining the consequences of its non-return.

The knurled scheme of "knocking out" the debt consists of three stages. The first of them involves remote communication with the borrower, including correspondence, phone calls and sending SMS messages. “There are several stages of correspondence. With each subsequent stage, the pressure on the debtor increases,” says Vasily Golda, director of the collection company Xpoint.

The first level of letters is a delicate reminder of debt. The letters stipulate the terms of payments, it is proposed to discuss various payment options. Since at this stage no one yet knows the reasons for non-payment, it is proposed to solve the problem peacefully. In parallel, the company conducts additional "business" correspondence, clarifying the circumstances of the case, sends requests to obtain the necessary documentation.

If the debtor has sufficient composure and does not respond to the collector's correspondence, he proceeds to the second stage. The company begins to "bombard" the borrower with letters of "threatening" content, frightening him with the possibility of seizing property, limiting the ability to leave the territory of Ukraine (farewell to summer holidays in overseas resorts!) and other "joys". At the same time, the collectors call the ward, urging him to "cooperate." To heighten the effect, companies can tell on the debtor to his relatives, colleagues and guarantors by sending them appropriate letters or by calling.

If the debtor is caught stubborn and continues to deny the existence of a debt or does not make contact at all, the representatives of the creditor change tactics and proceed to the most unpleasant stage of "processing". As a rule, it involves closer communication with the borrower - including home and work visits. “In principle, this stage of working with a client may involve not only personal communication, but also simply more “impudent” methods. For example, continuous phone calls. Moreover, they can even call at night or in the early morning,” said the head of the debt recovery department of the LLC Avesta-Ukraine" Oleksandr Fedoruk.

If neither letters, nor persuasion, nor personal visits help, then the creditor proceeds to the stage of legal collectionor, simply put, sues the debtor. According to the court decision, the borrower will be obliged to pay not only the accumulated amount of the debt and interest, but also pay all costs associated with debt collection and legal costs. In the best case, the amount of debt will be deducted from his salary. The worst option is the seizure and sale of property with the transfer of funds to pay off the debt.

Only without hands!

All this, of course, is unpleasant, especially if the collectors begin to behave unnecessarily intrusive. We repeat: no one has the right to collect confidential information about a person without his consent, and even more so to distribute this information publicly. Violators will face criminal liability under Article 182 of the Criminal Code (violation of privacy).

The possibility of collectors to restrict the freedom of movement of the borrowers who have made a mistake is also disputable. Criminal liability for violation of the loan agreement is not provided (unless it is a clear fraud), which means that arrest or restriction of freedom, especially not by representatives of the Ministry of Internal Affairs, but by private companies, cannot be discussed at all.

Such restriction is possible if the debtor is suspected of fraud or other criminal act, and only in compliance with all the formalities provided for by the Code of Criminal Procedure.

If debt collectors begin to interfere in the private life of the borrower or openly threaten the use of physical force, then this can be put to rest. And quickly and with very unpleasant consequences for the collectors.

Depending on the nature of the situation, you can write a statement to the police about attempts at extortion, violation of privacy and / or secrecy of telephone conversations (Articles 189, 182 and 163 of the Criminal Code). If in court it is possible to prove the guilt of the collectors, it is quite possible to demand compensation for non-pecuniary damage. Debts are debts, but collectors have no right to violate the rights of citizens!

In order to get to the place, however, you will have to collect evidence: record conversations with threats, confirm the fact of "wiretapping" or surveillance, and collect information about the debtor's private life.

Perhaps it is much easier to find opportunities and repay the loan? And thereby forever say goodbye to the annoying collectors?!

The heart is not a stone

And yet, while most collection companies are trying to resolve all issues with the borrower, without bringing the case to court. Getting involved in a lawsuit means spending a lot of time and money. And for collectors, a quick effect is important. After all, most banks prefer to transfer debt portfolios to them for a relatively short period of time - 2-4 months.

Therefore, collectors often not only do not intimidate, but, on the contrary, try to "hook" the debtor "on the hook", promising him all sorts of discounts and benefits. For example, if the borrower does not return the debt due to the fact that force majeure circumstances have arisen (lost his job, fell ill), he will be asked to deposit a small amount to begin with. And then will be engaged in debt restructuring. In this case, what really matters is whether the company works for a commission or bought out a portfolio of "non-returns". In the first case, the collector's hands are bound by the terms dictated by the bank, and therefore he simply will not be able to offer a "long" installment plan. “If we are talking about a redeemed portfolio, then the conditions can be very loyal. We can provide the client with an installment plan of up to five years without charging penalties and additional commissions, “forgive” him a part of the amount,” says the CEO of the collection agency Credit Collection Group (CCG ) Kirill Tsiprivuz. At the same time, working for commissions, we try to act as quickly as possible and immediately receive at least part of the debt. The rest of the debt can be repaid later."

Well, of course, you should not suspect collectors of altruism: this is a business, and profit is above all in it. And therefore, all documents slipped by collectors for signature must be studied very carefully.

By the way, the borrower himself is interested in getting even with debts as quickly as possible. After all, all the time, while he delays the hour of reckoning, the "counter" of the bank "winds" interest and charges a penalty. Therefore, the older the debt, the greater the amount that will then have to be paid.

SOS!

How to behave if there are problems with paying the loan?

What to do so that it does not come to the appearance of a collector:

Notify the bank, preferably one week before the payment day, that there may be problems with payment;
Record all actions indicating that the borrower showed good will to repay the loan;
Ask for a deferment of payment of the body of the loan and the non-application of penalties or make current payments by taking money from a credit card;
If it is not possible to repay the loan at all, start negotiations with the bank on the sale of collateral and reimbursement of part of the debt, or agree on a long delay - for 1-2 years;

If it came to the fact that the collector turned to the borrower:

It is necessary to observe the utmost calmness;
Do not make hasty actions and do not make unrealistic promises;
Explain the situation to the collector and ask for a deferral of payment of the loan. Sometimes collectors agree to wait up to 1 month for payment of a loan - without extreme need, it is unprofitable for them to sue the borrower;
Record all actions of collectors that violate the rights of the borrower and or cause him moral or material harm;

What if you run away?

No matter how omnipotent collectors may seem, they often still fail to get to the debtors. For example, if you transfer a portfolio of old debts to the company, it may turn out that the data on the borrower has already lost its relevance. It is almost impossible to find a debtor if he moved to another city and lives in a rented apartment, receives a "black" salary and does not have a contract with a mobile operator. However, collectors do not lose optimism and firmly believe that the debtor will be punished sooner or later. "Information about the presence of debt will have economic consequences one way or another. If the next time a person wants to sign a contract for the use of the services of a mobile operator with a deferred payment, then information about him" pops up ". Our company maintains a register of non-payers - we enter into it all individuals and legal entities refusing to pay debts.Currently, there are already 20,000 companies and about 50,000 individuals in the register.This register is actively used by all companies that want to protect themselves from working with unscrupulous clients. is fraught with the bank's refusal to issue any loan," Vasily Golda, director of the collection company Xpoint, promises.

Total:

It is desirable for borrowers to know their rights so that collectors cannot violate them in case of problems with loan repayment.

Not everyone goes to a bank or other credit organization to get money in debt, many still prefer to borrow money from relatives or friends. The difficulty lies in the fact that not everyone is in a hurry to pay off the lender, so the latter has to look for a method to collect the debt. Collecting the debts of individuals may be done legally or illegally.

Borrowed money

Illegal Methods

Many people understand the concept of “knocking out” too literally, that is, actually physically putting pressure on the debtor, using violent actions or threats. Of course, this works flawlessly, under such pressure, the debt will return quickly, in most cases.

If the debtor turns to the police, then the exactor will not be in the best position. He will be prosecuted under article 163 of the Criminal Code of the Russian Federation "Extortion". What is the penalty for 7-15 years in prison and a fine of up to 1 million rubles.

You should not abuse your powers and threaten the debtor or his relatives, disseminate information about his obligations, put pressure on the psyche and use other provocative measures. The only thing the lender has the right to do is to ask in the correct form to pay him off and to warn about the transfer of the case to court.

The law is on the side of the debtor if something threatens his life or health. He has the right to apply to law enforcement agencies or the court.

Illegal method of debt collection

If the debt is issued against receipt

The legal way to get a debt out of a person is to go to court. If the debt is issued against receipt, then debt collection will not be a problem. It is advisable, before lending money, to draw up a receipt, which must contain the following information:

Debt amount.
The amount of remuneration, that is, interest.
Payment term, or payment schedule.
The order of the calculation.

The last point is quite important for both sides. It is desirable that the borrower return the funds by transferring to a bank account. This may play a decisive role in the future in court. For example, the borrower transferred the money at the appointed time to the specified fund account and confirmation of this will be a receipt or check that he has the right to present to the court as evidence. If he failed to fulfill the obligation, the lender may submit to the court an extract from the bank account that the funds were not received within the specified period.

So, if there is a notarized receipt, the debtor should be warned about the transfer of the case to the court and file a lawsuit at his place of residence. It must be remembered that debt has the statute of limitations is 3 years.

Application to the police

First you need to warn the debtor about your intention to take the case to court for forced collection of the debt. It is important to warn the debtor of criminal liability under article 159 p. 1 of the Criminal Code of the Russian Federation.

Fraud, that is, theft of someone else's property or the acquisition of the right to someone else's property by deceit or breach of trust.

The prescribed punishment for a crime is imprisonment for up to 10 years and a fine of up to 1 million rubles. But in order to identify and prove the fact of fraud, you need to write a statement to the police against the debtor, from there the case will go to court.

The only way to legally collect a debt is through the courts.

Procedure for going to court

The most effective and legal method of how to knock out a debt from a debtor on a receipt is to file a lawsuit in court to recover the amount owed earlier. The application should be referred to the court of general jurisdiction at the place of residence of the defendant. The statement of claim can be drawn up in free form and contain the following information:

Name of lender and borrower.
Date of transfer of funds.
Sum.
Debt repayment terms.
The grounds on which the amount of money was to be returned, a receipt or an oral agreement.
Indicate that the debtor did not respond to the request to repay the debt after the agreed time.
State the requirements: return the debt.

What articles can you refer to?

Art. 807 of the Civil Code of the Russian Federation - Loan agreement. According to it, debt obligations come from the moment the money is transferred from the lender to the borrower.
Art. 808 of the Civil Code of the Russian Federation - Form of a loan agreement. This is a receipt, it is mandatory to draw it up if the parties to the contract are individuals, and the amount of debt exceeds 10 minimum wages.
Art. 810 of the Civil Code of the Russian Federation - Obligation of the borrower to repay the loan. If the terms are stipulated by the agreement, then no later than the specified date, if not, then no later than 30 days from the date of the borrower's request.

In any case, the court will take into account and satisfy the requirements of the borrower and oblige the debtor to repay the debt.

Debt collection will be handled by bailiffs, they have the authority to forcibly collect the defendant's funds or sell his property. Hence the conclusion whether it is worth thinking about how to knock out a debt from an individual, if everything can be done according to the law. The only drawback is that it takes a long time, enforcement proceedings can drag on for a year or more.

If there is no receipt

If the money was borrowed on the basis of an oral agreement, and the return period was not discussed, then this does not prevent the return of funds in a legal way. First you need to independently contact the borrower with a requirement to pay off the debt. It is better to record the conversation on a voice recorder or involve a witness who in the future can confirm the existence of a debt obligation. If within 30 days the borrower has not fulfilled the request of the lender, then you can draw up a statement of claim.

The absence of a receipt or a loan agreement is not a basis for refusal to collect a debt in court.

It will not be a problem to collect evidence for the court, as mentioned above, audio and video recording, testimony of witnesses is sufficient for the court. The main thing is that the defendant confirms that he borrowed money in a certain amount from the plaintiff.

Can you sell debt to debt collectors?

Despite the fact that it is extremely unprofitable for creditors to apply to collection agencies to collect debts, many people use this service. Collectors work with individuals and can buy debt at a discount of more than 50%, if it is “fresh” and large, that is, the amount is more than 500 thousand rubles.

The assignment of the right to claim a debt to third parties is possible only if this is provided for by the loan agreement.

That is, if the borrower himself agrees to the transfer and use of his personal data to third parties, in this case, to collectors, then the sale of the debt will be a legal recovery measure. If the lender violates this law, he himself may end up in court as a defendant.

Rules for writing a receipt

To avoid litigation and other debt collection problems, you need to follow a few simple rules. How to lend money the right way

first you need to make sure the solvency of the borrower, find out his level of income;
if solvency is in doubt, it is better to issue a loan with a pledge of property;
a receipt and a loan agreement certified by a notary is not a waste of time and money, but a guarantee for the borrower;
before applying for a loan, it would be useful to check the address of residence indicated by them, place of work, phone numbers.

In general, you can take money from the debtor in any case with or without a receipt, and you should not resort to decisive and illegal actions, because Russian law protects the interests of both parties. It is even better not to lend money to unreliable and unverified borrowers, or do it only with collateral.

Banks today freely distribute loans to everyone without any verification of the solvency of the borrower. In Russia, there are several thousand large and not so banks and several hundred loan offices (“Quick Money”, “Money Now”, etc.).

One gets the impression that it is beneficial for banks to provide loans to citizens even if half of the money taken by these citizens is not returned. The way it is! Judge for yourself, when providing loans to the population, banks do not use their own money, but borrowed funds from the state at a small percentage per annum. The population receives a loan already at 30% - 70% per year. A large default rate is already included in these extortionate interest rates.

As a result, the population of the country and small businesses are drowning in an abyss of debts, and single instances of moneybags, who accidentally become the owners of banks, do not know where to spend the profits flowing like a river. In 2020, non-payments of citizens are growing like a snowball and debtors on loans rely only on a loan amnesty from the bank, an offer from the bank to redeem their debt on a loan, or on the so-called bankruptcy law for individuals. However, the bankruptcy procedure costs money and is difficult to carry out.

Unfortunately, today the state has stepped aside from the problem of insolvency of citizens, and has left the regulation of credit rates at the mercy of this very banking system.

How do bank loans appear?

So, suppose you took a loan, did not calculate your strength and got into an unsolvable financial situation. What to do when there is nothing to pay? What happens if you don't pay off the loan at all? The options for the development of events are as follows:

In writing against signature or by registered letter with notification, we inform the banking organization that your life situation has changed for the worse and now you will not be able to pay the bank the payments established in the schedule. If the branch of the bank is located in your city, it is better to make a letter against signature, if another city, send it by registered mail. Thus, you notified the creditor of the reason for the delay in the contract. If the bank later sues you, then it will be easier for you to apply Article 333 of the Civil Code of the Russian Federation, and convince the court that you not only did not want to pay the loan, but are a debtor due to the deterioration of your financial condition.
Of course, you can continue to deposit symbolic amounts into the account in accordance with the approved schedule. However, if you see that you will not be able to repay the loan further, it makes no sense to make such payments. Many people think that in this way they make it clear to the bank that they are not malicious defaulters. After all, the latter often frighten debtors with criminal liability for evading debt repayment. All this is nonsense. If you did not have a goal to take a bad loan and you made at least one payment, you will not be held criminally liable for credit debts.
You can also try to periodically send letters to the lender with your vision of resolving the problem that has arisen due to non-repayment of the loan, ask to restructure the debt, give you financial holidays, negotiate, etc... This is necessary, among other things, so that you have the image of a bona fide borrower in the event of a litigation. Recently, banks rarely go for such concessions, and if they do, then on unfavorable terms for the client (on-lending, extension of the term, etc.).
They wrote a letter and - lo and behold ... You are called from the bank. Negotiations to settle the debt that has arisen should not be avoided in any case. Sometimes in these negotiations it is possible to resolve the issue of deferred repayment of the loan or restructure the debt. The main thing is that you should agree to the terms of the bank only if they are beneficial to you, and you will be able to financially pull this offer. If you are not interested in the option of the bank - refuse it. Better court, bankruptcy than financial bondage for years.
Restructure debt - pay only interest for a period set by the bank. Lenders often go for it. I must admit, sometimes it is beneficial for them, and here the bank is pushing you to make concessions not only because of the hopelessness of the situation, but also by the thirst for even more profit from you.

If, as a result of all this, an agreement does not work out and a lawsuit is filed against you, do not despair and involve a credit lawyer in the case. The court, as a rule, is the best way out of a situation with a protracted debt.

How can the situation develop if the bank went to court and the bailiff could not collect the debt from you by court order? There is a possibility that the bank may offer you to redeem your debt for 10-30 percent of its total amount. This may be either a credit amnesty from the bank, or the sale of a debt to your person under an assignment agreement, or any other agreement, including the forgiveness of part of the debt. After that, the bank will write off the balance of the loan debt and leave you behind.

For more information on how either the bank can offer you debt relief or you yourself can induce the bank to redeem the debt, you can watch it in my video, which is located at the bottom of this article.

What will happen if you do not pay the loan and how to redeem your debt from the bank?

Since the problem of non-repayment of loans today is a mass phenomenon, banks use different methods to return money. In the vast majority of cases, these are legal methods. Loan debts are a serious problem for Russian banks, and they are trying to solve it to the best of their ability.

First, you communicate with a loan officer who offers to repay the loan or sell the collateral. If it is a mortgage or a car loan, everything will not be very good, since you will lose your apartment or car, and the bank will sell them at the lowest price. It is better to find a buyer on your own and change the debtor to the creditor.
If a compromise is not found, the economic security service of the bank comes into play, which checks the financial capabilities of the borrower, the availability of property from him. This is done, as a rule, by not entirely legal methods and databases that are not entirely legal are used. But it's hard to prove it. However, if you did not find anything, in the future the bank often offers to redeem the debt.
After analyzing the situation by the economic situation service, banks either go to court or get rid of debts for a small amount. Banks sell piles of illiquid debts to collectors. As a rule, in the event that the banking organization itself does not see quick prospects for collecting money from the debtor. 20%-40% of the total amount owed with interest is the normal selling price for bad debt. When selling debt, the bank must notify you of this and you must know who your new creditor is. The bank is obliged to notify, but not ask for your consent to the assignment, as many debtors mistakenly believe.
So the bank is suing you. If the borrower has property, it is arrested and, after a court decision, it is sold to pay off the debt. The apartment and personal belongings are not subject to arrest.
If, for example, a spouse took a loan, and the family has a car owned by the spouse, the bank will arrest and sell even such property, taking half of its value from the proceeds. The other half is the property of the other spouse. True, the price of such a sale is usually a penny.
If you still have loans, but you lost the court, the bank will send writ of execution to other banks where you have these other loans, and when you bring money to repay them, these banks will be forced to transfer the received funds to your claimant on the writ of execution. As a result, you will already be indebted to a wider range of creditors. A strange method of knocking out debts by banks on loans, but this mechanism is provided for by law. True, banks have the ability to bypass it, allowing a third party to repay your loan.
After the court makes a decision, you will have to pay the bank the amount indicated in the claim, but if you cannot do this and do not receive an installment plan for the execution of the court decision - interest on the contract will continue to increase the amount of debt, even after fixing the amount of debt in a court decision, until you close it. This surprises many. However, if the contract is not terminated, it continues to operate. In the end, the creditor will be able to receive the newly formed interest from the debtor by again filing a lawsuit in court. However, if you still don’t have any property, the bank won’t shine and it’s time for you to think about how to redeem your debt from the bank.

Collectors - who are they?

A new phenomenon in Russian business. In the 90s, it was brothers in tracksuits with bats in their hands. Now more civilized fellow citizens in white shirts and ties are "knocking out" debts.

How do they work? Threats, rudeness, physical pressure - all this happens, but very rarely. In these cases, your path is to the police, and the path of the unfortunate collector goes straight to the bunk.

Usually, collectors use an intrusive service: daily phone calls, leaflets at the entrance, letters to the HOA and to your work, mailing to your friends about your dishonesty in Odnoklassniki, trips to relatives and other similar nonsense. Here you can simply ignore the action of the opposite side and wait for it to make the mistake indicated in the previous paragraph, or simply lose interest in you over time.

Collectors do not like to go to court, because they are not very liked there. In addition, the activities of these organizations are on the verge of the law, so the judicial prospects for the collector are not always bright. It is much easier for him to systematically get you calls. Today, the activity of collectors is significantly limited.

Debts on loans - a way out of the situation

Failure to repay a bank loan is not a crime, not a black spot on your conscience, and not a blow to your reputation, but the most common economic process. The blame for the current situation is not so much you, but the state, which gave rise to a huge stratification of society and the need for many citizens to live in debt. Also, the fault of the state lies in the fact that it did not establish strict rules for the banking system in the country, allowed banks to independently set unreasonably extortionate interest rates. The blame also lies with the banks - which today, without any checks, distribute loans on parole to anyone who wants it and thereby generate an increase in default on borrowed funds. Debts on loans of a huge number of citizens are a disease of society and the state.

Therefore, you have nothing to blame yourself for, and your task is to concentrate on finding a way out of their difficult situation, in which you find yourself with the least losses. After all, if you do not think about yourself, who else will think about you? Bank? Court? State? The answer, I think, is obvious.

So, whether to pay a loan if there is nothing to pay?

Many people ask - I do not pay a loan - what should I do? Here are some tips:

Try to negotiate with the bank. If you have a desire to repay debts and have funds for this, but you do not fit into the payment schedule in terms of amounts, explain this verbally and in writing to the creditor. In this case, perhaps the creditor will evaluate the desire and partial ability to repay the debt and will meet halfway by restructuring it. All agreements that you manage to reach with the creditor must be recorded in writing, while carefully reading the texts of the documents that you will sign - you can’t trust the bank clerks by any means. It is better to show the documents born as a result of negotiations to the lawyer. An experienced loan lawyer will find flaws in these documents.
If the bank nevertheless filed a lawsuit- It will take a very long time to sue, as the courts are inundated with lawsuits to recover debts on loans. Any illegal commissions, insurance in court will disappear. Stunning penalties and fines can be reduced again only at your request. To do this, you must participate in the trial.
If you lost in court and the bank already has a writ of execution- now your lender and the bailiff will have to sweat in search of your funds to repay the loan. Therefore, it is necessary to prepare for this in advance. If you are a debtor, then there should be no property registered for you or your spouse.
Suppose your creditor did not want to sue and sold debt to debt collectors. In this case, collectors will certainly shake your nerves, but you will have a chance to reduce the amount of debt. Negotiate and reduce the amount of credit debt. Be sure to properly document your results. If it is difficult for you to independently verify the correctness of the signed documents, show them to a lawyer.
Use the Law "On Bankruptcy of Individuals". However, the bankruptcy procedure provided by law is very complicated and, moreover, expensive.
Offer the bank to redeem your credit debt under an assignment agreement.

Lawyer Gennady Efremov

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The second base is the Register of Debtors of the Federal Bailiff Service, where information about legal entities and individuals is entered. In accordance with, if they are under enforcement proceedings in the case of debt collection.

There is a single database of debtors on loans, which collects information from all banks licensed by the Central Bank of the Russian Federation to carry out banking activities.

If, anywhere and at any time, a bank client has made a delay, this information will be entered into the database and will become available to any bank employee who has requested information about this potential client from it.

These three bases are the largest and most complete. But besides them, there are others, including each bank and other organizations keep their own records of unreliable borrowers.

A favorable credit history gives a potential borrower reason to expect a favorable offer from the bank. Whereas the former debtor does not have to count on a favorable interest rate.

Another loan to pay off the unpaid amount

Debt appears when, due to circumstances, the borrower cannot make monthly payments on time, most often due to a decrease in their own solvency.

This can happen for the following reasons:

dismissal from work;
serious illness;
force majeure, etc.

The easiest way out of such an unpleasant situation would be to reduce the size of the monthly payment for a certain time or for the entire remaining period.
To do this, you will need to draw up a new contract, with the consent of the lender, at a lower percentage.

When registration takes place in the same bank, this is called restructuring. Since part of the initial amount has already been repaid at this moment, the bank can meet the client halfway by reducing the interest rate for a certain period of time or for the entire repayment period.

If an agreement cannot be reached between the parties, then you can try to issue a loan for the balance of the debt in the second bank at better interest rates, and with this money to pay the balance of the debt in the first bank.

Important condition: it is necessary to start solving the problem immediately, as soon as solvency has decreased. Delay for a month or more will be regarded not in favor of the debtor.

Typically, the debts of non-appearing and non-responding bank employees are sold to debt collection agencies.

Are relatives liable for arrears to the bank

Relatives of the debtor may be liable for the performance of the agreement with the bank only if they themselves signed the guarantee. Such measures are taken when borrowing large amounts to buy a car, apartment, land, etc.

The guarantors undertake, in case of the client's inability to pay on time, to do it instead of him. Guarantors are usually 2-3.

Only after the trial and according to the writ of execution, where the terms and amounts of payments are indicated, the guarantors will pay the balance of the debt to the bank of their relative.

In the general case, only on the basis of the fact of kinship, the obligation to pay the loan does not arise, since the contract is concluded with a specific individual and only from him the lender has the right to demand payments within the specified time.

What to do in case of divorce

According to the Family Code of the Russian Federation, spouses have property that is considered joint, which, upon divorce, is divided between them in equal shares. They acquire this property during the years of marriage by purchase, since the donated and inherited property belongs only to the heir or the recipient and is not subject to division.

Debts are recognized by law as common among spouses, but with a serious reservation. In a published review of judicial practice for 2016, the Supreme Court of the Russian Federation recognized that under a loan agreement executed in the name of one of the spouses, the debt can be recognized as common only in the cases listed in paragraph 2.

That is, when the loan is issued to meet the needs of the family, and not the personal needs of the borrower. So a mortgage for the purchase of housing for a family will be recognized as issued for the needs of the family, but the purchase of a mobile phone for someone will not.

In the event of a divorce, the spouse who claims to share debts in equal shares is obliged to provide the court with documentary and other evidence in favor of the fact that this loan was actually issued to meet the needs of the family, and not his personal needs. Since the contract is drawn up in a specific name, it happens by a court decision.

The court takes into account:

the financial situation of the parties;
the income level of the parties;
the need for the object for which the money was borrowed.

Therefore, the division can be made not in a ratio of 1: 1, but in a different one, especially taking into account the interests of minor children, dependents.

Are loan debts inherited?

The question of whether debts on loans are inherited arises immediately upon opening an inheritance. The death of the debtor gives rise to many other problems, in particular.

It is impossible to enter into the inheritance only in some part of it, according to the law, the heirs accept the entire volume - property and debts, dividing them among themselves by law or by will, or refuse to accept the inheritance in favor of other heirs or the state.

The debt of the deceased passes to his heirs, if any, and agree to enter into the inheritance.

Each of the heirs is liable for the debts of the deceased exactly within the limits of the inherited amount.

Debts exceeding the size of the inheritance, the heir is not obliged to compensate from his personal funds.

The situation becomes more complicated if the financial loan agreement is executed with the involvement of guarantors. In a particular situation, it matters how conscientiously the debtor fulfilled his obligations during his lifetime.

If so, then the debt in full will pass to his heirs. In case of serious violations and the formation of delays, the bank has the right to demand the execution of the contract from the guarantors.

The guarantors themselves, having paid the debts of the deceased, but not having received property at their disposal, have the right to recover the amounts paid from the heirs in court or demand that they transfer the rights to the property for the acquisition of which the loan was issued.

Can they be imprisoned for non-payment

It is possible to apply such a measure of punishment as imprisonment (imprisonment) to the debtor only if his guilt is proven under the article of the Criminal Code of the Russian Federation, which provides for such punishment. There is no article punishing debtors for non-payment of a loan with a prison term in the Criminal Code of the Russian Federation.

The relationship between the financial institution and the borrower is governed by the norms of the Civil Code of the Russian Federation. But they can be imprisoned for non-payment if the injured party (bank) proves to the court that there has been a violation of the articles of the Criminal Code of the Russian Federation.

List of these articles:

they can go to jail for fraud. The court finds the debtor guilty, for example, when applying for a financial loan using forged (false) documents;
may be prosecuted for theft. The plaintiff will need to irrefutably prove to the court that the borrower was not originally going to return the borrowed money, that is, he had criminal intent;
under Art. 177 of the Criminal Code of the Russian Federation, punishment is provided for non-execution of a court decision. Qualification under this article may occur with intentional evasion of payments under a writ of execution, when a citizen is hiding from bailiffs.

Judicial practice does not know so many cases when a case of non-payment under a loan agreement ended in criminal prosecution. Nevertheless, there are grounds to punish a citizen who did not return the money on time with a term of imprisonment in the law.

Ways to reduce borrowing

In the loan agreement, the return of funds is formalized either as annuity payments or differentiated payments. In the first case, the monthly amount paid remains unchanged until the full repayment of the loan.

In the second case, the interest rate is calculated on the balance of the debt, which annually or monthly reduces the amount of the payment. The solvency of the borrower may change for the worse over time, so the terms of the original contract may be unbearable for him.

There are several legal ways to reduce the borrowed amount:

The first way to reduce the amount of the payment is to re-register the contract from an annuity to a differentiated one. To do this, you need to contact the bank and try to negotiate. Usually, for a fee, banks agree to such a concession;
the second method involves searching for an insurance company that will offer more favorable conditions for insuring risks than an insurer accredited by the bank. Sometimes the difference can reach 30%. This must be done before signing the contract, since it will not work to change the insurer after without the consent of the lender;
the third way concerns the timing of debt repayment: the longer, the lower the monthly payment. Only the bank can change the payment term. By submitting an appropriate application and showing your willingness to pay a smaller amount on time, you can achieve mitigation of conditions.

There are other ways to get out of debt on loans, but all of them initially assume that the borrower has certain free amounts of cash.

For example:

a deposit opened in the same bank will allow you to repay part of the monthly payments from the interest accrued on the deposit;
those who buy an apartment on a mortgage will be helped by a state subsidy, which is due at the birth of a second child in the family - maternity capital. This money can be used to pay off the mortgage and reduce the debt, although more often the mortgage is initially issued with the involvement of maternity capital.

Who knocks out debts on loans

When a client violates his obligations, does not make contact, does not demonstrate his readiness to resolve the dispute through negotiations, the bank has two ways to solve the problem:

first way the most time-consuming, since at first the bank will have to try to receive money from the borrower through peaceful negotiations, and then, if the result is negative, file a claim with the court. In addition to the large time spent on this process, the bank will have to incur certain losses. There is always a risk of not returning the loan and interest on it, due to the insolvency of the client;
second way for the bank, the easiest, since it transfers all the hassle of collecting debt to collectors, albeit losing part of the benefit, but without incurring costs. The collection agency buys debts from banks at a large discount, sometimes up to 50%, and then collects the debt from the borrowers in the original amount, which is very profitable. If the loan debt was transferred to collectors, then the debtor will have to deal only with them.

No one has the right to knock out debts in the literal sense of the word with the use of brute physical force. Moreover, such actions are illegal and are the basis for criminal prosecution of violators.

How to close an agreement with a bank

If all funds to pay off debts to the bank are exhausted, and the result is not achieved, it is the turn to find out. This is possible only at the initiative of the bank itself.

Because neither the law nor the debtor himself have any leverage to put pressure on the financial institution, forcing it to write off the debt at a loss. The borrower has the right to apply to the management of the bank with a request to write off the debt.

The bank can meet halfway if the amount of the debt is small and significantly less than the costs that would have to be incurred in the event of a judicial recovery of the debt. The client is then blacklisted.

At the initiative of the borrower, it is possible to close the agreement with the bank only if the entire balance is paid in full. Upon execution of the contract (loan repayment), it is considered automatically terminated. This is not formalized by any additional statements, agreements or other papers.

The terms of the agreement indicate whether the client can repay the loan ahead of schedule, and if so, on what conditions.

But there is a subtlety: in addition to the contract itself, along the way, other banking products (cards, deposit accounts) can be registered with the client in the bank, payment for which can be charged even after the debt is repaid.

After the last payment, you must immediately request a bank certificate of the absence of debt, which will guarantee the absence of future claims against the client.

You can close the contract with the bank by a court decision.

The law provides for two reasons for this:

Clause 2 defines as a sufficient basis for terminating the loan agreement the violation by the bank of its terms, which caused damage to the borrower. An example is the illegal collection of commissions, fines, incorrect debt write-offs, etc.;
allows the borrower to count on the termination of the contract due to a significant change in the circumstances under which it was executed. For example, a client was fired, lost his job, was seriously injured and disabled, etc. In the future, the return of the debt will take place by a court decision.

The borrower, before concluding a deal with a bank, should carefully weigh his solvency and take into account possible obstacles to repaying the loan. Such possible obstacles can be dismissal from work, the birth of a child in the family, a serious illness or injury, and many other circumstances.

A sober assessment of your own capabilities is the easiest way to live without debts and loans. If you can refuse borrowed funds and not draw up an agreement, then you should do so. But when the signature in the document is put, the undertaken obligation should be carried out.

Borrowers who default on loans may encounter representatives of collection agencies. These are those who knock out debts from malicious defaulters. A meeting with collectors means that the bank has terminated its obligations in terms of claiming debt on loans and has transferred powers to another organization.

What are collection agencies?

Debtors on loans are legal entities that carry out financial activities to ensure the return of the loan. Agencies work for hire: most often they are approached by banks and other credit organizations whose clients owe companies under loan agreements.

Collectors act on the basis of the Federal Law of July 3, 2016 N 230-FZ "On the protection of the rights and legitimate interests of individuals in the implementation of activities to return overdue debts."

Despite the existence of regulations in the legislation of the Russian Federation, the activities of "debt collectors" often exceed these powers. Complaints repeatedly appear on the Internet about the actions of employees of collection agencies, who rudely force borrowers to pay off their loans.

Citizens who know firsthand how debt collectors knock out debts, after paying off obligations, prefer not to burden themselves with loans and not act as guarantors for the loans of loved ones.

What is the function of collectors?

According to Federal Law No. 230-FZ of July 3, 2016, collectors carry out their activities to return loan obligations in accordance with the legislation of the Russian Federation. This means that any actions of bureau employees must not contradict the terms of the law and violate the rights of citizens.

Collection agencies begin active work only after the credit institution has transferred its powers to them under the loan agreement of the client. In 78% of cases, relations between banks, MFIs and "debt collectors" arise on the basis of a loan purchase and sale agreement.

The transfer of a loan obligation is a transaction that is not subject to return. Those who collect debts from clients get full control over the debt of the payer, which is why collectors are so interested in a speedy return of funds.

For a borrower, selling his loan to agencies means that his payments will be monitored more closely. The principles of work of collectors are often based on psychological pressure on the debtor in order to return the loan in any way.

What should payers do, whose loans the bank has transferred to collection agencies?

Not wanting to communicate with those who knock out debts, borrowers often go with a claim to a financial institution. But after the creditor transfers its obligations, banks are not interested in the client's contract. Their powers in the field of loan repayment have been terminated, and the debt has been bought out by a collection agency.

In this case, the client has no grounds for litigation: the relationship between the bank and collectors is regulated by federal law. If the debtor refused to make payments under the loan agreement for 3-6 months (or more), the creditor has the right to sell the obligations to "debt collectors".

This does not mean the release of the payer from the need to pay the loan. On the contrary, collectors specialize in how to knock out a debt from a debtor, and will take active steps to repay the loan as soon as possible with all interest and accrued penalties.

How should a borrower pay fees when transferring rights to collection specialists?

When selling powers to collectors, the financial obligations of the debtor remain in full, but the procedure for making monthly payments may change.

If earlier the client repaid the loan to the bank's loan account, now he is obliged to pay funds to collectors. The exception is cases in which a credit institution cooperates with "debt bouncers" under a lease agreement. This means that the bank did not sell the loan, but hired a collection agency to speed up the procedure for returning obligations.

What does the "loan assignment agreement" mean in relation to the bank and collectors?

The loan is sold to "bouncers" under an assignment agreement. A new recipient of funds in the face of collectors notifies the client about the transfer of his loan to a third-party organization. The letter on letterhead must necessarily indicate the reason why the borrower must pay funds to another organization (assignment of rights), details of the company and the total amount of the debt, taking into account all interest and penalties.

If the payer has not received a notification, collection specialists, in accordance with Article 385 of the Civil Code of the Russian Federation, are not entitled to file financial claims.

List of authorized actions of employees for the return of loan funds

On January 1, 2017, amendments to the legislation regarding the powers of employees to collect debts came into force. Under the new law, collectors have only a few legal ways to get a debt out of a person. Allowed actions include:

Calls at legal times. Collectors can communicate with debtors through negotiations from 8:00 to 22:00 on weekdays and from 9:00 to 22:00 on weekends and holidays.
Personal meetings. Only after prior agreement with the borrower.
Letters to clients.
Communication via email and social networks.
Invitation to the office of the company.
Employee representation. The collector must name the full name, position and organization whose interests he represents.

Actions aimed at a personal meeting must be agreed with the payer in advance.

What is forbidden to use collection agencies in the process of debt recovery?

New amendments to the federal law have significantly reduced the powers of the "payment collectors". Debt collectors now include:

Attempts of psychological pressure on the debtor or members of his family. Employees are prohibited from threatening, rudely communicating with borrowers, exaggerating the consequences of refusing to make payments.
Calls at night - after 22:00.
Rejection of submission during contact with the client. Collectors, communicating with the debtor, are obliged to introduce themselves and clearly, in a polite manner, explain the requirements for repayment of the debt and the terms of payments.
Deliberate increase in the amount of debt. This amounts to fraud: the borrower must pay only the actual amount of the loan, including interest and penalties.
Persecution of relatives who are not directly related to the payment of the loan. Collectors can knock out debts only from the participants in the loan agreement, for example, guarantors, or those who have inherited obligations under the law. In the event that the borrower dies, and the loan was not issued an insurance contract, the obligation to pay for it is transferred to relatives.

Those who knock out debts cannot use physical force against the debtor. Any attempts at bodily contact are regarded as abuse of authority and are punishable in accordance with the Criminal Code of the Russian Federation.

Collectors have exceeded their authority: where to turn?

If the borrower is faced with illegal actions of debt collection specialists, he has the right to protect his interests in court.

Violations of employees of a collection agency may be of a non-material nature, for example, causing moral harm to the payer and his family. Sometimes the actions of "bouncers" fall under the article of hooliganism: damaging the property of citizens by writing "Debt" or posting ads with a photo of the borrower in the entrance.

To protect interests and preserve reputation, the payer can file a lawsuit against the organization, as well as come with an application to Rospotrebnadzor.

Can an individual turn to debt collectors for help?

Prior to the adoption of amendments to the federal law, the services of debt collection officers were also often used by individuals. For example, collectors helped to knock out a debt without a receipt, even in the amount of up to 10,000 rubles. With the tightening of the list of permitted actions, the number of clients who seek the services of professional "bouncers" has dropped dramatically.

According to the law, employees do not have the right to be intermediaries between individuals if the amount of debt does not exceed 50,000 rubles. The condition is relevant for all categories of citizens, including single mothers who, before knocking out alimony debt in court, turned to other organizations.

If the amount of debt obligations between individuals exceeds 50,000 rubles, the lender may involve collectors to collect their own funds. At the same time, the client does not have to have documents confirming the fact of the transfer of finances (receipt). Acting within the law, collectors will advise on how to collect cash from the debtor as soon as possible without a receipt.