Does the MFIs come to court to debtors?

Microloans are often referred to as a bone. Most often, people who have serious problems with finance are treated in the MFIs, and they aggravate these problems even more.

In 2019, the Russian Federation conducted serious changes in the activities of these organizations, which reduced the number of organizations 2 times, and there were only those that take from the client not more than 1% per day, or 365% per year.

After in 2020, the government again made changes and now the maximum overpayment will be no more than 3rd multiple values.

When you make a loan in a microfinance organization, you sign an agreement that provides for a refund within a certain period and under a certain percentage. If funds are not returned during this period, the company not only loses income, but also its personal funds.

Naturally, the company will want to return them back. Since MFIs are officially permitted in our state, no one prevents them from contacting the court for debt claims. An alternative to the court — customers can become.

According to statistics, only 46% of microfinance organizations is submitted to the court to debtors, the percentage of returns is even lower and is about 30% — this is a refund purely on the court.

The people in our country lives not very rich, and many simply cannot pay debt even by court.

If we consider the situation with the submission of credit commitments and loans, then such a practice in our country works and the law on its side, and not on the side of the people.

The basis of the claim will be the contract signed by you. It does not matter how the signing procedure was online — online or on paper, by law, the verification code that the organization sends you to make a loan and is a confirmation.

After signing the loan agreement, your relations with MFI are regulated by the Civil Code of the Russian Federation, on the basis of which you must return funds within a certain period of interest. The return was not — violated the law, so the foundation for the court.

To begin with, try to resolve this question with a peaceful agreement. MFI is not interested in the lawsuit — she wants to return his funds back. Do not avoid MFI staff and not to answer calls, you only aggravate the situation. Explain the reasons for non-payment, perhaps you lost work, and if the organization goes to meet you, then the accrual of penalties and debt will be separated on equal parts for several months, perhaps even with a deferment.

If we could easily resolve the problems, then you can only be defended in court. The chance that you are recognized as innocent — minimal.

If this is not done, then you will be obliged to pay the entire amount of debt through the FSSP service.

If you cancel the judicial order, that is, the chances are not paying anything at all.

Therefore, the chances not to pay in general there are also there and they can be used.

But still if the MFIs gives it to the court, then pay the debt!

If you could not pay a loan and MFI to the court, then you need to collect all the available documents in order to prove your difficult position. There were cases when the judge completely canceled all fines and penalties, and the debtor remained to pay only the principal debt. However, if such a situation did not arise and you just forgot about the payment, the above method will be powerless.

The punishment for non-payment consists of three options:

In this case, the court will give you 1 month to repay a loan, and if this term does not happen, bailiffs will be connected to business. For a moment, they arrest your accounts and remove funds from them, and if the debt is high enough, then the property will take place.

In this situation, there are also their nuances. For example, bailiffs do not have the right to pick up the housing if it is the only one. All cash from the card, they also cannot remove, but only a certain percentage. To make money from social cards (ordinary cards on which social payments come: benefits, pension, alimony) can also not, but funds are written off. Here you need to send an appropriate statement, since this procedure is prohibited by law, but the bailiffs during the arrest of accounts do not see a social card or not.

This case, it seems to me the most ideal for the borrower. But in most cases, such solutions are taken out when the fraudulent scheme or a person was recorded in a perplexity.

After making such a solution, you are fully freed from debt.

This is what we talked about above, that is, you are obliged to return the means, but in the form of installments or with a smaller penalty.

Of course, it is worth trying, but if this is a banal mistake of a citizen when he took and forgotten, then the results will not bring such an attempt. However, if you were obliged to pay, and you understand that taking 5 thousand rubles, and return, for example, 50 thousand rubles are too much. The appeal to the appeal instance is quite reasonable.

Microfinance organizations, like any other credit institutions, can sue. Only if it was your mistake, it is better to solve the problem in pretrial order, otherwise, if the MFI wins the case, then you will be obliged not only to pay for debt with discouraged interest, but also possible court costs.

We hope that the article was useful for you.