What is the statute of limitations for a loan? The limitation period for loans is three years until full forgiveness.

The period of time when a financial institution has the opportunity to fully collect a loan from individuals and legal entities is called the limitation period for a loan. After a certain date, financial institutions, by law, are no longer authorized by jurisprudence to return money. Fraudsters actively use this opportunity, hoping that they will be able to avoid paying off debt. However, it is impossible to say for sure whether banks simply forgive non-payment of debts on loans over the statute of limitations.

The statute of limitations for loans in 2018

Surely, most people, when applying for a loan, do not even think about the statute of limitations for loans, and whether there is one at all. But, in fact, according to the law, the statute of limitations on a loan is called what is provided for by modern legislation.

Provisions of the law for individuals

In 2018, the statute of limitations for a loan is 36 months. Further, any collection of credit debt by banks, including those relating to judicial practice, is considered unreasonable.

However, in such a clear issue, judicial practice on the limitation period of loans shows various options for the development of lawsuits with the involvement of individuals to liability for non-payment of debts on a loan due to prescription. Lawyers disagree on the day from which it is necessary to count the thirty-six months determined by law.

Some believe that the statute of limitations for loans for individuals begins to operate when the date appears in the loan agreement as the end of the loan repayment period. At the same time, if the borrower knows what the statute of limitations is, and he does not pay the established fee during the entire period of the contract, notification from the bank is not necessary. At the same time, it is possible for the bank to accrue penalties, fines and other sanctions to the client.

Other lawyers believe that the statute of limitations for loans to individuals ends when the lender discovers another non-compliance with the rules of the loan agreement. Or, simply, when the borrower has not paid the monthly fixed amount. Then the limitation period for the loan begins to be counted from the date of the last payment made. Before the expiration of three years - the time set for such legal cases in 2018, the bank has the right to go to court and receive the full payment of the loan from the borrower.

The borrower should be aware that, whatever the current statute of limitations on the loan, it can be reset to zero and start over with any contacts with bank employees. At the same time, the fact that the bank made a call to the user cannot serve as evidence of interaction without providing a record of the telephone conversation.

Case law

So, while, according to the law, the statute of limitations on the loan has not yet expired, the financial institution has the right to file a claim with the borrower to return the funds provided for in the loan agreement.

Each bank necessarily has its own lawyers who have encountered loopholes in judicial practice regarding the non-payment of a loan issued to individuals, due to the statute of limitations.

Most lawyers filing a lawsuit are guided by the first path described above - that is, they try not to attract the attention of an unscrupulous client for as long as possible, charging significant penalties and other penalties.

However, the majority of judges in practice in 2018, considering lawsuits on the limitation period of a loan, use the second reading of the Code and determine the beginning of the limitation period at the time of the last payment established by the agreement, which in most cases can be turned in favor of the defendant.

It should be understood: the expiration of the statutory limitation period for a loan, if there is one, is not a panacea for either paying a debt to a bank or going to court by a financial organization.

The end of three years is just a strong argument in favor of the defendant, if suddenly the bank files a claim. This can happen in three years, and ten years after the expiration of time.

Moreover, the court will not deal with calculations on whether the statute of limitations for collecting a loan has expired, its decision will be influenced by documentary evidence and the activity of the parties. To minimize the existing debt on a loan or completely avoid paying it to the debtor, self-provision of documentary evidence will help. It is best to hire a qualified lawyer for these purposes, the statute of limitations on a loan by a court decision will depend on this.

Bank debt collection

According to the trend that had developed by 2018, it became clear that the bank in any case would not leave the debtor alone and would try to find a way to collect everything that was due to him under the law. If the limitation period has not passed, the bank can go to court, but if this period is missed, collectors can join.

By the tribunal's decision

Currently, the bank has the right to file a claim under a simplified procedure - to a justice of the peace, if the debt does not exceed 0.5 million rubles. In the course of enforcement proceedings, it issues a special court decision, which allows you to save time by avoiding dragging out the process. The writ of execution is handed over to the bailiffs, who, in turn, ensure the retention and recovery of capital from official sources - they arrest accounts, impose fines on wages.

Please note that from the moment of receiving a copy of the judgment, the defendant has the right to challenge it, this automatically leads to its cancellation. However, this will not save you from litigation. The borrower has 10 working days to protest such an order.

Upon expiration

If, according to the existing legislation of 2018, the statute of limitations for collecting a loan has expired, and banks understand that it is unlikely that they will be able to return the money by a court decision, they can easily sell the user's debt to collectors. These are representatives of companies, without which the return of debts in 2018 is almost impossible.

Collectors use absolutely any methods of repaying a debt on a loan, up to illegal threats and direct physical impact. When a collection agency, when collecting a debt, damages a person’s health or property and there is evidence of this, according to the law, he has the right to submit an application to the police department.

In case of inaction of the bodies of this level - to the prosecutor's office. If the bank transfers the user's debt to a collection company, the statute of limitations for the loan does not start anew.

Conclusion

So, the statute of limitations on a loan, defined by law in 2018 as a three-year period - the time after which the debtor, when filing a lawsuit against him in the courts, has the right to submit a corresponding petition and avoid returning debts on the loan.

However, the expiration of the claim period does not guarantee the bank's refusal to receive its own money - there are many methods for collecting debts from individuals, including with the involvement of collectors - which can turn out to be quite deplorable for the debtor.

Whatever way the bank chooses to repay the debt - a court decision or other methods, it will be unprofitable for the user to execute it. Therefore, the client has to think several times - whether it is worth avoiding contact with the bank during the entire period of limitation on the loan or immediately, if it is physically impossible to repay the debt, report this to the financial institution and find a solution together.

The statute of limitations on a loan is a very relevant issue at the moment. Many people quite often may face certain financial difficulties, and therefore this issue is relevant. For example, a person, due to crisis circumstances, suffers losses and cannot return the loan funds, or the license of the bank was temporarily revoked. Below in the article we will consider what to do if the statute of limitations has expired.

What is important to know about the statute of limitations?

A person who has taken credit funds needs to remember some nuances that may be useful. The agreement between the bank and the client states that credit funds are provided on the condition of their mandatory return. Based on this, the borrower's loan obligations remain until the expiration of the period specified in the relevant document.

That is, in this case, it is not about the time for which the borrower must repay the debt, but about the period within which the bank can collect the loan and the interest due to it, as well as other charges in court.

There is a provision in the current legislation of the Russian Federation under which a financial institution does not have the right to demand the fulfillment of obligations that were assigned to the debtor. These provisions include the expired limitation period for the loan.

How long can the loan be repaid?

The period for collecting credit funds from the debtor is three years. Moreover, this period originates from the first violations of the conditions by the debtor. This provision is regulated in accordance with Part 1 of Art. 200 of the Civil Code of the Russian Federation. In addition, regardless of when the fines for violation of the loan agreement were accrued, their limitation period will expire simultaneously with the principal debt.

If the loan agreement does not specify the period for collecting the debt, then it will begin to be calculated from the last delay in payment. In the event that no payments are received within 3 months (90 days), the financial institution may require the debtor to return the entire amount that was specified in the contract. In the event of such a situation, the period will be calculated from the moment this request is made by the financial institution.

It is worth knowing that even if the limitation period for a loan has expired, this does not mean that a financial institution cannot file a claim with the relevant authorities and demand a return of the debt. In addition, in half of the cases, the court may decide not in favor of the debtor. You can challenge the claim by filing an appeal with the judicial authorities, referring to Article 200 of the Civil Code "On the expiration of the period for collecting credit funds."

But even despite the fact that the borrower counters with legislative provisions, in some cases, financial organizations can seek refusal through the courts.

The reason for this may be:

1. Sending a statement of claim to the relevant authorities by a financial institution even before the expiration of the limitation period on the loan.


2. Carrying out work to fulfill contractual obligations.

In the latter case, the creditor may try to resolve the issue out of court by the following methods:

• Send an official letter to a citizen. However, in this case, it must be proven that the letter was received by the borrower.


• When recording a telephone conversation with the recognition of the borrower's own debt. In this case, the entry should be made only after notification and consent of the borrower.

But also the debtor can help to extend the recovery period. That is, the statute of limitations will be extended if:

• Documents were signed by the citizen that relate to the appeal of the loan debt.


• Part of the loan has been paid (even if this amount is minimal).


• The citizen himself recognized himself as a debtor to a financial organization.

If at least one of the above circumstances took place, the term for loans will be recalculated.

When can a borrower be recognized as a fraud?

Using the statute of limitations in order to avoid the return of credit funds can turn out to be unpleasant consequences for a person. That is, in addition to sending a statement of claim to the judicial authorities, the bank may apply to law enforcement agencies in order to initiate a criminal case against the borrower under Art. 159 of the Criminal Code of the Russian Federation "Fraud". In this case, an unscrupulous bank client may find himself in a more difficult situation than he expected.

In order to avoid such consequences, the borrower is required to send a notice of temporary insolvency to the financial institution to repay the debt.

Also, evidence that a citizen did not have malicious intent may be:

• Making mandatory payments on the loan (at least a few).


• The presence of movable and immovable property that was provided as collateral.


• If a small amount of the loan is not paid.

It is important to know that if the debt collection period is missed, then the creditor does not have the right to prosecute the citizen through the court under Art. 159 of the Criminal Code of the Russian Federation "Fraud".

Debt collection with debt collectors

Often, after the expiration of the collection period, some banks can forget about the unscrupulous client by selling his debt to collection companies. Accordingly, collectors will demand debt from the borrower. In addition, the amount of the surcharge provided by collectors can start from 50% to 200-300% of the original volume.

However, if the contract did not provide for the transfer of debt to third parties, then the citizen is not obliged to do anything. That is, he should not give any debts to private companies that specialize in collection.

But, nevertheless, if the debt was sold by a financial organization to collectors, a citizen can observe similar phenomena.:

• A visit by collectors to the place of work of the borrower.


• Attempts to pressure neighbors in order to obtain funds.


• Regular calls during the day with insults or threats to the life and health of the debtor and his close relatives.


• Damage to property (breaking windows, paint on the door, etc.).

If a citizen is under pressure in this way, then he can safely send a statement to the prosecutor's office. In this case, both the collection company and the financial organization itself will be held liable, since the rights of a citizen were violated (transfer of personal data to third parties, as well as interference with personal life).

In Russian law, there is such a thing as a statute of limitations. In simple terms, this is the period of time during which the creditor can recover funds from the debtor on his own or in court. Accordingly, after this time, the creditor loses his rights to collect borrowed funds. The statute of limitations for credit debt is 3 years.

When is the statute of limitations calculated?

Many mistakenly believe that the starting point is the moment of signing the loan agreement or the date of the last payment, after which the debt began to accrue. This is not so, the statute of limitations for a loan begins after the debtor contacts the bank about the overdue debt. I.e when communicating by phone or receiving a notice of debt obligations, the period begins anew.

Many banks are in no hurry to apply to the judicial authority, trying to collect the debt on their own, for this they use personal meetings, calls or letters. And a few weeks before the expiration of the limitation period, a representative of the financial institution meets with the defaulter and notifies him of the amount of the debt, after which he is asked to sign, and from that moment the limitation period starts from scratch.

If the bank assures the debtor that the loan debt does not have a statute of limitations - it is not true.

What actions delay the collection of debt on a loan:

• depositing any amount into a credit account;
• personal meetings with a creditor or collector;
• telephone communication;
• receipt of mail letters is relevant only if the recipient received an envelope for personal signature.

Is it possible to recover a debt after the expiration of the statute of limitations?

Definitely possible, but only by illegal methods. In this case, collectors, not bailiffs, will be collecting. Many debtors return huge sums of money to banks under pressure from intermediaries, and it does not matter in principle to them whether the statute of limitations has passed or not.

Limitation period

Each debtor can independently calculate when he made the last loan payment, contacted bank employees, or at least answered their calls. If more than 3 years, the debtor has the legal right to forget about his obligations. And if collectors or creditors continue to insist on the return of funds, you can safely go to court.

How can the bank return the funds

The only way out for the creditor is to go to court. At the same time, he can do this within three years, it does not matter, a month or 2.5 years after the last payment. But banks are in no hurry to go to court, the reason is obvious, for each day of delay the lender counts interest, fines, forfeit. If the debt was sold to collectors under an assignment agreement, then it is they who act as the plaintiff.

But the debtor can be calm if the deadline for collecting the debt on the loan in accordance with Russian law has already passed, the court will not accept the application from the creditor. On the other hand, if the plaintiff manages to prove that over the past three years he has contacted the borrower and warned him about the existing debt, the court may consider his statement of claim.

In most cases, the trial takes place without the presence of the parties, the defendant only receives a court decision to recover funds from him.

The debtor, even after a court order, has the right to apply for a review of the case in his presence, and for the write-off of fines, penalties and forfeits, and they can significantly exceed the body of the loan and the amount of interest.

What happens after the statute of limitations expires

Banks may write off debts for several reasons:

1. A small amount of debt, its return will be economically unprofitable for the organization.
2. Assigns the right to claim overdue debts to collectors, the bank will incur losses from 90 to 99% of the amount, but will return the minimum part of the funds.
3. In the event of the death of the debtor.
4. At the end of the statute of limitations.

The last point deserves special attention. According to the law, the limitation period can be reset if you pay a visit to the debtor, the creditor will certainly try to take advantage of this. Therefore, it is wiser for the debtor to pay the loan regularly or specifically ignore the creditor, not to come to the bank branch and not answer the phone.

Consequences for the borrower

If the bank fails to return the funds, and he will be forced to write them off, and the debtor will subsequently be unable to issue a loan.

You should not rely on the statute of limitations for a debt to the bank, you must fulfill your obligations in good faith. If it is not possible to pay the loan on time and in full, you can always agree with the lender on a delay or restructuring. If it was not possible to resolve the issue peacefully, then it is more profitable to bring the case to court so that the latter fairly assesses the amount of the debt and the procedure for its compensation.

For our readers, the question is very relevant: after what time is the unpaid loan canceled, and the debt will be considered "forgiven"? Today we will take a closer look at this situation, and give you some recommendations on how you can take advantage of it.

Credit limitation period

Indeed, there are people, and there are many of them, who got into unpleasant situations related to the problems of paying debts on bank loans. Most citizens of our country have the idea that the creditor will write off the debts anyway, and therefore if there are problems, then there is no need to pay.

In the courts of the Russian Federation, cases are considered almost daily on statements of claim against debtors. As a result, issues are resolved by selling debtors' property or by collecting certain amounts from wages. The percentage of outstanding loans is only growing every year. Less and less good or clean credit histories remain, read more about them in this article.

In Russian legislation, namely in the Civil Code, there are articles devoted to the terms, after which the creditor is not entitled to demand repayment of the debt from the debtor through the court. You can find it in legal documents by name, you will need to read articles from 195 to 208 of the Civil Code of the Russian Federation.

According to the information gleaned from the legislation, an important thing can be noted: the limitation period for loans is 3 years. The countdown starts from the appearance of the first delay, i.e. not from the moment of signing the contract, but from the day you did not make your monthly mandatory payment.

Is it enough to just wait 3 years for the loan to be closed?

Not everything is as simple as it might seem . In the event that you had any contact with bank representatives, for example, a telephone conversation, you received a letter with a notification, or you yourself applied to the bank with an application for restructuring or deferment, then for this reason the period is renewed and the countdown starts again .

The following situations contribute to the interruption of the statute of limitations:

• Dialogue on the phone with a bank employee.
• Pay even a small part of the debt.
• Signature of at least one document that relates to challenging the debt.
• Recognizing yourself as a debtor on a loan.

On the other hand, experienced lawyers say that a financial institution has no way to prove that it was the debtor who picked up the phone. In addition, if he signed for receiving the letter, this does not mean that he read it. Therefore, sometimes in judicial practice, the limitation period is counted from the date of the first delay.

What does this mean for the borrower:

1. He will need to change all his telephone numbers, if possible also his address of residence, because. calls and letters will continue to come, and cause a lot of inconvenience to the relatives and friends of the debtor.
2. In addition, he will have to close his bank accounts in advance, and find an unofficial job where wages will be paid personally.

The fact is that a banking organization, in the presence of a loan that has not been repaid for a long time, can sue you, and with a probability of 90% the case will be won. After that, the bailiffs will have the right to freeze all your accounts, as well as to come to the place of registration in order to seize the property that you own.

If a person has issued a loan for the purchase of housing with him as collateral, then bailiffs can easily get into the apartment and sell it to another person. The proceeds will be used to pay off the debt. It is much more difficult to do this with movable property, such as a car, since the debtor can hide along with what is pledged.

Will the debt be closed if the statute of limitations has passed?

Please note that the expiration of the period for a credit claim must be confirmed in court. In other words, upon the arrival of the period established by law, you yourself must go to court in order to obtain the appropriate document, this does not happen automatically.

So, let's assume that you have taken all precautions, changed your address and receive a salary informally, cut off all contact with the creditor and your relatives. Is it possible in this case to count on the fact that after 3 years your debt will be canceled?

Unfortunately no. The law states that after the expiration of the limitation period, the bank will not be able to collect debt from its client through the courts, but it will still be able to demand repayment of the debt from you using calls, letters and other things. The only way to stop this is to write an application for the withdrawal of personal data.

In addition, the banking company has every right to sell your problem loan to collection agencies, if such an opportunity is specified in the contract (transfer of rights to third parties).

Debt collectors are professional debt collectors who do not stand on ceremony with their clients, using not always legal methods of blackmail, threats and vandalism. What to do in this situation - we tell on the pages of our website.

Can a bank forgive a debt?

And yet, there are times when banks forgive debts. There are only a few reasons:

1. The amount of debt is insignificant and less than legal costs.
2. Departure of the life of the borrower and the absence of heirs.
3. Expiration of the statute of limitations is extremely rare.

Quite often, creditors agree to a partial write-off of debts. This is possible by a court decision if the borrower makes contact with the bank, participates in meetings and agrees with the debt. Read more about the court decision in favor of the debtor.

If you have financial difficulties and you are temporarily unable to fulfill your loan obligations, then you should not wait for the court in the hope of a complete write-off of the debt. You can use restructuring or refinancing.

• Restructuring

This is a change in the terms of payments due to objective reasons. For example, dismissal, injury and disability. You need to contact the bank, report the reasons for non-payment and draw up an appropriate application with a request to revise the conditions.

As a rule, credit holidays are provided or the rate increases in order to reduce the monthly payment. So you can solve temporary financial difficulties and keep your credit history in good condition.

Not all banks go for restructuring, in this case it is necessary to require the creditor to write a written refusal, which will be useful to you in court. In this case, all accrued fines and penalties may be written off.

• The alternative is refinancing

Its essence is to obtain a new loan from the same or a third-party bank on more favorable terms in order to pay off the current debt. You draw up a new agreement, and the funds received are transferred non-cash to your current loan agreement.

You will find interesting offers on such programs from Russian banks in this article.

Bankruptcy of an individual

Starting from January 1, 2016, individuals have the opportunity to declare themselves if their debt to financial institutions or housing and communal services is 500,000 rubles or more, and there is also a long delay. Judicial practice shows that you can declare yourself bankrupt even with a smaller amount - already from 350-400 thousand.

A loan agreement is a great way to get financing and acquire a long-awaited purchase. As a rule, credit funds are used for household appliances, cars and an apartment. For the use of bank money, a commercial organization charges interest. But there are situations when it is not possible to pay the debt. In this case, the banking company can go to court and, with a high probability, win the case if the statute of limitations does not end. In this article, we will consider how long the limitation period for loans in the Russian Federation lasts in 2018, what will happen if the bank wins the case, how penalties and fines are charged and written off, and how to avoid paying debt on loans.

What is the statute of limitations on a loan

According to the Civil Code, the duration of the limitation period is the period when the plaintiff can call for the fulfillment of obligations (previously executed) of the defendant in court. For a banking company, going to court is not a priority way of obtaining funds for overdue payments.

The financial institution has a structure that notifies customers about the presence of a delay. The duties of such a department include working with borrowers and the formation of compromise proposals that can stimulate the borrower to return the delay.

Simply taking and not paying money to the account cannot be a reasonable and thoughtful decision. Lending agreements are drawn up in such a way that the legislation fully and completely protects the financial institution. The options for the development of events in a situation of non-payment of debt are as follows:

1. Transfer of the contract to specialists in overdue accounts.
2. Assignment of credit to collectors.
3. Recognition of an asset as a bad loan.
4. Going to court to recover a debt.
5. Expiration of the statute of limitations.

First, specialists of a banking organization work with the client. The managers of this structure are obliged to obey the Civil Code. As a rule, interaction with the debtor is carried out using telephone calls.

At this stage, you can agree on the payment of debt in installments or ask to suspend the accrual of fines and penalties, ask for a deferment of payments at the time of debt repayment. This is a favorable time to resolve the issue that has arisen with non-payment of monthly contributions.

Also, a banking organization may at any time cede lending to collectors, which can be commercial and non-profit organizations, i.e. firms that may not be connected in any way with the banking sector.

This situation may already be reminiscent of the “debt collection” of the 90s. Employees will use various methods of psychological pressure, and they will not avoid calls to neighbors, bosses, parents and all those people who can somehow be connected with the debtor.

With this scheme, the contract with the bank is terminated, and a debt arises to collectors. The legality of the assignment of rights in documents until 2014 must be spelled out in a separate clause of the agreement, which says that the borrower agrees to the assignment.

After 2014, there may not even be such a provision directly in the loan financial document, since according to Article 14 of the federal law, the assignment is assumed on a general basis.

An alternative is to apply to the bank in court in case of non-repayment of the loan. The bank must do this while the limitation period is in effect, but even after this period, no one forbids them to take this action. But a very rare and extreme case, when a financial institution lost sight of any loan, and during the inventory found it, but decided to forgive the client and recognized the contract as a bad loan.

Different lawyers have different interpretations of the question of from what point on the loan of an individual to calculate the statute of limitations. Someone assumes that the time begins after the last payment, there are opinions that the period begins from the moment the obligations arise, that is, when applying for a loan.

The most optimistic in this regard are various companies that provide "debt relief" services. On our website, we rely on the opinions of people who are directly representatives of banking institutions, whose practical experience allows us to provide a competent solution to various financial issues.

When a borrower finds himself in a situation where he is unable to pay monthly payments, overdue debt begins. Penalties and fines are made in accordance with the terms and conditions of the contract. As a rule, this is 0.1% of the amount of overdue debt on a daily basis, starting from the day of delay.

Signatures and seals, including facsimile ones, on the loan agreement mean that both the borrower and the lender fully agree with all the conditions and are ready to fulfill them in full. Therefore, as soon as a delay occurs, it is understood that the bankers and the client are aware of its existence, and from that moment the limitation period is calculated.

Thus, this period will be different for each payment. And 3 years after the last installment, according to the current schedule, the duration of the limitation period of the claim will be fully extinguished. Throughout this period, the debtor may pay or not pay money to the account, the limitation period does not change from this.

For those loans that are written off and assigned to collectors, the limitation period remains the same. You can extend the time frame of the period:

• written consent of the borrower to changes in the loan agreement;
• consent of the borrower to the payment of overdue debt;
• restructuring of lending;
• deferral applications;
• a claim on the basis of which it is assumed that fines and penalties are cancelled.

When the bank has evidence that the debtor has not forgotten the fact that he has to pay the debt, then the limitation period of the action from that moment begins again in the period of three years, after which it will expire.

The claim period is a non-aggregate period, i.e. it cannot be suspended for any time. In fact, this is the knowledge that the debtor has non-payment under the contract. This knowledge arises at the time of signing the documents.

The client receives a loan and a payment schedule that clearly indicates due dates or months when payments are due in the account. If the bill is paid in the billing period, then the bank does not have any complaints.

When the funds are not credited to the account, then there is a delay - and the limitation period begins. The debtor is not obliged to perform any actions before the commencement of litigation.

Then, after the verdict on the writ of execution, all bank costs, including fines, penalties and costs of litigation, will have to be reimbursed. The same situation is with credit cards.

After all, it would seem that there is no payment schedule for such a product. Is it possible to count the period from the moment the financing is credited from the bank to the card account or from the moment a transaction is made with the card?

And the same principle applies here. The claim period without suspension and any changes begins from the time of the occurrence of the delay and is valid for three years. Also, mandatory payments are accrued every month. Accordingly, for each individual contribution, its term is within 3 years.

In many respects, the actions of the debtor will depend on whether the duration of the limitation period has expired. According to article 196 of the Civil Code of the Russian Federation, this period is 3 years from the time the debt was formed. If an appeal is made to the judge during this period, then the appeal is more likely to be decided in favor of the defendant if:

• there are violations in the document that will contribute to the recognition of lending as invalid;
• at the time of signing the documents, the borrower was incapacitated;
• the debt arose through the fault of the creditor, while the debtor has all the receipts for payment, for which the funds are sufficient to repay.

Judicial practice shows that the court decision on the recovery of obligations is most often taken in favor of the bankers. The court applies a writ of execution, on the basis of which the defaulter's property may be sold at auction, except for an apartment, if it is the only residential property.

The bank can also decide to collect the debt in the form of withholding up to 50% of the wages by transferring it to the creditor's account. It is also possible to freeze all accounts, prevent travel abroad if the debts are more than 30,000 rubles.

The situation in favor of the borrower is considered when the limitation period has expired, even if partially. It is worth noting that the judge is not obliged to protect the debtor, and you should take care of your rights yourself.

Bankers can file a lawsuit even if 3 years have passed. And the court will decide in support of the financial company. But at any time, you can file a counter-claim that the claim has expired. In this case, the debt will be cancelled.

Also, part of the debt can be sued in this way. For example, the first delay occurred in March 2014, the limitation period expired in March 2017. The bank went to court in April 2018. Therefore, all debts that were before April 2015 are invalidated.

Often, in order to draw up a loan agreement, a banking company requires a guarantor. The guarantor is the person who will be able to pay the debt if the borrower does not have such an opportunity.