Often, unscrupulous borrowers believe that, having ceased to pay a loan, after a while, debts will spike. Indeed, there are no such examples in practice. But much more situations where the bank not only submits to the court, but also wins it, and then the legal costs of the lender are added to the borrower’s debt.
Any credit and financial institution wants to make a loan to be fully repaid by the borrower. But this situation does not always work in practice.
Often borrowers begin to experience difficulties with paying debt and allow delay or, and at all, cease to pay a loan. Then the bank remains nothing to do, how to file a claim in court. Thus, the lender wants to return his money back.
You can recover from the borrower of debt during a certain time. Here we are talking about the term of the limitation, until this moment, until this period has expired, the credit institution may apply to the court.
If the bank for some reason did not file a statement, during the time permitted by the law, then he will no longer be able to recover the debt in court. And then, the debt is really charged, in other words, says goodbye.
Just on such an outcome and hope for bank clients who cease to pay a loan.
The limitation period is enshrined in the Civil Code of the Russian Federation. So according to the law, in our country it is 3 years, after which the bank cannot apply to the court.
Legislation does not give a clear explanation when you begin to calculate the term. In Article 200 of the Civil Code of the Russian Federation, it is said that it is necessary to consider from the moment when one of the parties violated the rights and obligations. Thus, the experts came to the conclusion that the limitation period begins from the day when you hurt a monthly payment.
If you are delayed again, then a new countdown of 3 years begins, from the day as the bank learns about delay, as a rule, the day after the date, which was necessary to make a payment.
For any lender, it will be less expensive to offer the client new conditions for which he will be able to continue to pay a loan. If these proposals were ignored by the borrower, then the bank is more profitable to wait with the appeal to the court.
The reason for this is an increase in penalties and fines on overdue payments. The more the bank pulls with a statement to the court, the more profit can get in the future.
The presence of real estate can aggravate the state of the debtor, because if the loan was secured, the property will go to the repayment of debt. If we are talking about mortgage, the apartment purchased on credit will also be put up for auction to cover the bank loss. All this can occur in a situation where the lender wins the court, and the bailiffs begin to begin their work.
Hoping that the bank will not stand the debts. It is better not to spoil your credit history by legal proceedings, but find a way out of the current situation. Perhaps it is worth thinking about restructuring or