The court is not the most profitable procedure for the bank, as it requires additional investments — paying the state duty, as well as long-term proceedings with the debtor. Therefore, as a rule, banks try to use all methods of extrajudicial solving problems with paying the borrower.
But when the client flatly refuses to go on all the proposed concessions and pay debts on the loan, then nothing remains for the bank, how to file a lawsuit.
If the debtor ceases to fulfill obligations under the loan agreement, the bank begins to be interested in the financial problems of the Client and offer various conditions under which the loan repayment could continue.
But when the borrower does not come to contact and allows delay again and again, or does not pay a loan and interest on it at all, then the Bank has the right to apply to the court with a claim for the recovery of funds.
If the bank could not agree with the client in a pre-trial and appealed to the court, the borrower may submit a counterclaim to terminate the contract. In addition, the debtor may submit a counter request for the recovery of compensation for the general rules of the claim.
A peaceful agreement may be signed between the bank and the debtor, which implies the termination of a judicial dispute on the basis of an agreement of debt payment under certain conditions.
There are several options for the development of events from the debtor in court.
If the peace agreement is not expected, the court considering all the case data, makes a court decision. It can be both in favor of the bank and in favor of the borrower.
It also happens that LED on the loan debt has expired, but the bank comes to court. The judge almost never understand this, they take the direction of the bank — the system is so arranged in our country.
To declare that the limitation period has expired, thus the debt is automatically canceled and the court will cancel a decisive sentence.
When it came to court, but the debtor does not consider himself guilty, then it is necessary to collect evidence of its rightfulness. Sometimes banks hang debts mistakenly, confused borrows. Then, assure the court in his innocence will be easier than simple.
But if you voluntarily do not pay a loan, and do not plan to fulfill your credit obligations to continue, then be prepared for the fact that the court will be on the side of the bank. And ultimately you have to pay not only the amount of debt, but also the costs that the creditor suffered.