It is meaningless to count on the fact that if the borrower does not pay a loan for three years, he automatically sprinkles the bank and rushing like a «terrible dream.»
Of course, the legislation of the country has a timing, during which banks have the right to submit to the court to recover the debt, but the bank is not forbidden to direct the lawsuit and after the expiration of the limitation.
When the borrower ceases to execute credit obligations, the Bank has the right to send a lawsuit to the court for recovery of debt on the loan. The period during which it can be done is called
Legislation enshrines the right to file a claim from the day, as a lender learned about delay, respectively, the day after the date of mandatory payment. If payments were overdue repeatedly, the limitation period is considered for each separately.
By law, the Bank has the right to file a lawsuit and after the expiration of the limitation period, so very often we can meet borrowers who complain that the loan has not written off, but continue to demand the fulfillment of obligations after three and four years.
It is important to know the dates of the perfect delay in order to understand when the limitation period expires. If at the time of filing the claim by the bank, LED is already expired, then the judge must be reported on this.
Then the judge will reject the requirements of the bank, which will exclude receipt by the creditor of the executive list and connecting to the recovery of the debt of bailiffs.
Thus, the lender will lose the possibility of an effective way to recover funds, and can only try to persuade the borrower on the return of at least part of the debt, well, or will give the work to collectors.
The only way to declare the court about the expiration of the statute of limitations is to wait until the lender itself gives a lawsuit against the court.
And after submitting a claim by the Bank, the borrower may begin to act — to announce during the meeting on the expiration of the statute of limitations. If the presence in court is personally not possible, then you need to send a petition «On the application of the limitation period» in writing in a registered letter.
Then the court will consider the case on new circumstances and will make the appropriate decision.