The general limitation period for a loan for individuals. What is the statute of limitations for a loan

One of the key factors for lawyers when considering credit cases is the question of what is the limitation period for a loan (SIDT). Individual debtors often use this concept and avoid liability that may threaten them under the law (even resorting to the procedure for changing persons in an obligation, described in the article on). This definition is spelled out in the Civil Code of the Russian Federation, or rather, in its 196 article.

What is the statute of limitations for a loan?

This concept describes the period of time during which the creditor has the right to sue an unscrupulous individual who does not pay the obligations. If the deadline has passed, then all collection requirements from banks, collectors and even courts will not be relevant. Most often, the starting date for this period is the end date of the loan agreement.

More details about the features of how the statute of limitations for credit debt is calculated, and how it is collected, can be found in the article on.

Article 196 of the Civil Code of the Russian Federation general limitation period for a loan

Before studying article 196, you first need to familiarize yourself with article 200 of the Civil Code of the Russian Federation. It says that the beginning of the flow of this time period is the day when the injured person learned about the fact of the violation of his own rights.

In article number 196 of the Civil Code of the Russian Federation, it is determined that the total limitation period is 3 years from the day described in article No. 200 of the Civil Code of the Russian Federation. The second paragraph of Article 196 of the Civil Code of the Russian Federation states that the SIDK cannot be more than 10 years from the day when the right was actually violated.

What is the statute of limitations for a loan?

Credit issues are currently the most obvious example for Article 196 of the Civil Code of the Russian Federation. Therefore, it is necessary to rely on the Civil Code. Thus, the SID is three years from the moment when the victim became aware of the violation, and ten years from the moment when his rights were violated.

Infringement of rights in this context means the refusal of an individual to repay the loan debt.

In the bank

In practice, the limitation periods for bank loans are determined at the end of the contract. If three years pass after the prescribed end date, and the bank does not apply to the courts with a message about the debt, then under Article 196 of the Civil Code of the Russian Federation, this banking organization will lose the right to demand debts. The law provides that even if there is an application by the bank, the case will not be won by 99%.

For individuals

The statute of limitations for loans to individuals is the same three years. However, in cases with individuals in judicial practice, the starting point for the SIID is not the date of the end of the contract, but the date of the last payment.

For example, it was not uncommon for individuals to take out loans, make their first payment, and stop paying their debts. As a result, it is from the day the payment is made that the countdown can begin. Often, the SIDK acts as a separate clause in an agreement with an individual. In this case, the court will rely on the contract, and not on the first paragraph of Article 196 of the Civil Code of the Russian Federation.

After the court decision

The statute of limitations for loans does not apply to a court decision that has already entered into force. If the court decided to collect the debt, then the debt case will proceed in accordance with the Federal Law governing enforcement proceedings. In this context, there is also a similar concept - the period for the presentation of a writ of execution. This period is also equal to 3 years.

The statute of limitations on the loan has expired, and collectors are calling

If an individual has a debt and the SID has expired, then this still does not make him a completely free person. Collectors are likely to continue to demand from an individual to repay the debt and may even sue. However, they cannot win such a case.

Applying for the application of the limitation period for a loan

The defendant himself must declare the expired SIDK through a corresponding petition, the judge will not deal with calculations without this petition. This petition is the tool that allows the debtor to protect his rights when considering claims for debts filed against him. The Civil Code of the Russian Federation provides for the writing of such a statement on behalf of a person who has a debt.

statute of limitations on a loanprovided for by current civil law. As with most types of infringement, the statute of limitations for a loan is 3 years. From what moment it is calculated, how to use it and what to do if the creditor nevertheless sued, read in our article.

When can a debt not be paid? Is there a statute of limitations on loans?

If the statute of limitations for a loan has passed, is it possible not to pay it at all? There are different situations in life, and such a question may well arise. For example, the borrower has financial difficulties, as a result of which he is not able to repay his debt for a long time, or problems - up to the revocation of the license - may appear at the bank. How to proceed in such a case?

First, it must be recalled that when concluding a loan agreement, funds are issued to the borrower on a repayment basis. Thus, the obligation to repay the loan remains with him until the end of the contract, and in case of violation of the terms of fulfillment of obligations - and beyond.

Therefore, when it comes to the statute of limitations on a loan, in the context of time, it is not the obligation to pay the debt that is considered, but the possibility of its recovery by filing claims (that is, in court).

Secondly, a number of conditions are legally defined, under which the creditor cannot demand the performance of the debtor's obligations. These conditions primarily include the period that has passed since the violation of the loan agreement and the appearance of the creditor's right to demand the fulfillment of the debtor's obligations - the so-called limitation period for the loan.

What is the statute of limitations for unpaid loans?

The statute of limitations for a loan is 3 years. It is established from the moment at which the rights of the creditor under the loan agreement were violated - this is a general requirement, which is enshrined in Art. 200 h. 1 of the Civil Code of the Russian Federation. Therefore, in order to more accurately determine the moment from which the limitation period will be calculated, it is necessary to refer to the contract.

Important! The limitation period for additional obligations (fines, interest, etc.) expires at the same time as the terms for the principal amount of the debt, regardless of the date of their accrual.

If the limitation period for the loan is not defined, the limitation period is calculated from the moment when the next loan payment has not been paid. In the absence of regular payments for more than 90 days, the bank has the right to declare a requirement for a lump sum repayment of the entire amount under the agreement. In this case, the limitation period will be calculated from the moment the claim is filed.

Important! If the demand specifies the deadline for the fulfillment of the requirement, then the calculation of the limitation period for the loan begins from the moment the deadline expires.

There are nuances in calculating the statute of limitations for a loan that is subject to execution within a certain time frame. The provisions of the Civil Code indicate that for loans with a certain maturity period, the limitation period for the loan begins from the moment the maturity period expires, but in any case it cannot exceed 10 years from the date the obligation arose.

Expiration of the statute of limitations for debt on a loan

It should be remembered that the expiration of the statute of limitations on a loan is not an obstacle for the creditor to file a claim for debt collection (Article 199 Part 1 of the Civil Code of the Russian Federation). The courts accept such claims for consideration and even make positive decisions on them. To challenge the decision, you need to go to court with an appeal containing a requirement to recognize the limitation period has expired, but the best solution would be to make a corresponding statement during the trial.

Despite the strong position of the borrower when the statute of limitations expires, you need to be aware that in some cases the lender has the opportunity to achieve a refusal to establish a statute of limitations. Reasons for this could be:

1. Applying to the court to recover the debt before the expiration of the limitation period on the debt. In this case, the trial itself may take place later.
2. Dealing with debt. In this case, we mean any form of out-of-court settlement of debt:

• official letters to the borrower - in this case, the lender must prove that the borrower personally received the letter (as a rule, registered letters with delivery notification or delivery by courier are used for this);
• telephone conversations (provided that they were recorded with the knowledge of the borrower and contain his recognition of the existence of a debt).

In addition, the borrower himself, not knowing the specifics of setting the statute of limitations, can help reduce the period taken into account. Thus, the limitation period may be interrupted if the borrower during this period:

• signed at least one document related to the disputed debt;
• paid part of the debt (even if it is insignificant);
• voluntarily recognized himself as a debtor on the loan (stated this).

In these cases, the calculation of the limitation period stops and starts anew from the moment of the incident that caused the stop.

When does non-payment of a loan become fraud?

Trying to use the statute of limitations to default on a loan can have serious consequences. For example, in addition to a claim for payment of a debt, a creditor may demand that a fraud case be filed by the borrower. As a result, the borrower runs the risk of being in a more difficult situation than expected.

To prevent this from happening (for example, if the reason for non-payment is the financial troubles of a bona fide borrower), it is necessary to notify the bank in writing about the temporary impossibility of repaying the loan.

In addition, the absence of malicious intent on the part of the borrower may be evidenced by:

• Multiple loan payments
• availability of collateral for the loan;
• an insignificant amount of unpaid debt (if the amount of the loan balance does not exceed one and a half million rubles).

Important! If the limitation period for the loan has expired, the creditor does not have the right to prosecute the debtor in court in a fraud case.

Nevertheless, even in the event of the expiration of the statute of limitations and the absence of the lender's ability to recover the debt, the borrower may receive certain negative consequences as a result in the form of a damaged credit history.

Is there a statute of limitations on a loan after a court decision on bank bankruptcy?

Many citizens are interested in the peculiarity of applying the limitation period for a loan in a bank declared bankrupt or deprived of a license by a court. What should the borrower do in this situation - to pay or not to pay? After all, the deprivation of a bank license does not always lead to the liquidation of a credit institution, although it often contributes to the suspension of its activities.

There are several options for the development of the situation. First, the borrower can almost always keep making payments on his obligations. Secondly, even if payment is impossible due to some circumstances beyond his control (the bank office is closed, the ATM does not work, and so on), clause “a” of Art. 202 part 1 of the Civil Code of the Russian Federation, which regulates the suspension of the limitation period due to force majeure circumstances.

In the event that the bank is declared bankrupt, work with the debt will also be carried out. In addition, in the future, when the legal successor of the credit institution is determined, he will try to recover the debts of the bankrupt bank.

The general limitation period is 3 years, but in some cases it may be suspended and extended, but not more than 10 years from the date of signing the agreement with the financial institution.

A certain part of loans issued by banks to individuals and legal entities are never returned. To protect their rights, creditors resort to the help of the judicial system by filing claims. However, the legislator has established a time frame during which the party must take measures to assert its rights. According to Article 196 of the Civil Code of the Russian Federation, the total limitation period for a loan is 3 years from the date when the borrower had to pay the amount of the debt.

Example: Alexander Ivanov issued a loan for consumer needs in a bank, and the debt repayment period expired on 01/10/2013. Thus, representatives of the institution must send and register a statement of claim to the court no later than 01/10/2016, otherwise the initiation of proceedings will be denied.

As a rule, negligent borrowers limit themselves to reading this norm of civil law and begin to keep a 3-year countdown, but in vain. In some cases, completely different articles of the code work, which can nullify all the efforts of "evaders".

What is the limitation period?

The legislator has determined a 10-year period from the date of the appearance of the obligation, during which the creditor must recover his resources (part 2 of article 200 of the Civil Code of the Russian Federation). Going beyond the specified time frame does not allow you to make claims to the borrower. So, if the contract was signed on 01/01/2005, then the last chance to file a claim is the first working day after 01/01/2015.

The total amount of overdue accounts payable as of June 1, 2015 amounted to 2.512.7 billion rubles, having increased over 4 percent in May. The total volume of loans issued by banks reached the mark of 50 trillion rubles: this amount includes financing of legal entities and individuals, as well as other banks. That is why there are so many who do not want to pay off their debts at all, since, in addition to the loan amount and interest, they will have to compensate for a penalty, a fine, and a penalty.

When is the statute of limitations extended?

Even the most cunning debtor can become a “victim” of the bank if he is offered to sign an additional agreement, which will include a new date “X” for fulfilling obligations.

Example: If the last day of payment on the loan is 03/12/2013, and the debtor voluntarily signed an addendum to the agreement, which specifies a different date for the final settlement with the financial institution (for example, 04/15/2015), then the limitation period for the loan is automatically extended until 04/15/2018.

Does the statute of limitations extend when making loan payments?

As follows from Article 203 of the Civil Code of the Russian Federation, the limitation period is interrupted if the debtor takes steps indicating the recognition of his obligations. And if, after the period of time allotted by law for the collection of funds, the debtor recognizes the obligation in writing, the limitation period begins anew.

Example: If the payment date was set as 05/06/2012, and the borrower deposited funds to the bank account on 11/10/2014, the limitation period will be determined on 11/10/2017, and not 05/06/2015.

How is the limitation period for collecting a loan from the borrower's guarantors calculated?

According to Article 201 of the Civil Code of the Russian Federation, the same principle applies: 3 years from the date when the final settlement of the loan transaction was due. If the bank assigns its claim to another organization (collectors), this does not entail an extension of the period of time during which legal proceedings must be initiated.

Example: if Petr Ivanov did not pay off the loan before 03/15/2013, then a statement of claim to the court for the recovery of funds from guarantors must be filed no later than 03/15/2016. At the same time, the period is extended if the subjects of legal relations have signed an additional agreement.

In what other cases are deadlines suspended?

The legislator has defined absolutely fantastic situations: wars, natural disasters, special legal norms establishing a moratorium on the fulfillment of obligations. Moreover, they must arise and continue during the last 6 months preceding the expiration of the deadlines.

A more realistic situation is an attempt to resolve the dispute out of court. If it was not successful, you can file a claim later for the period of time during which the negotiation procedure was conducted.

What if the obligation is fulfilled after "Day X"?

It will not be possible to return your money if the loan (fine, penalty, interest on it) were repaid after the expiration of the time specified in Article 200 of the Civil Code of the Russian Federation. But if the court makes an unlawful decision, it can be appealed in the manner prescribed by law.

Is it worth it to respond to the demands of collectors?

With negligent borrowers, "specially trained" companies engaged in debt collection like to carry out explanatory work. We recommend that you do not conduct any negotiations with them, do not sign papers, limiting yourself to business correspondence and court hearings.

Limitation period for a loan agreementallows the borrower-debtor, within the framework of the law, to protect himself from unexpectedly revealed long-standing non-payments. The duration of the limitation period under a loan agreement, application features and other aspects of this legal concept will be explained in our article.

What is the statute of limitations

Within the framework of civil law (Article 195 of the Civil Code of the Russian Federation), the limitation period is a time period defined in a regulatory act given to an interested person to restore their violated rights through a court.

The statute of limitations begins to count from the time when the party involved found out or, due to circumstances, should have known that its legal interests were violated. The limitation period may be suspended:

• due to natural disasters or wars;
• stay of one of the parties of legal relations in the Armed Forces of the Russian Federation, brought into martial law;
• a moratorium imposed on the fulfillment of an obligation;
• suspension of the current law in relation to legal relations of interest;
• carrying out the mediation procedure;
• leaving the statement of claim without consideration in the framework of the criminal process.

The limitation period is interrupted if the obligated party performs actions indicating the acceptance of debt obligations. The limitation period cannot be canceled or changed by agreement of the parties.

The general statute of limitations is 3 years. However, the expiration of the prescribed years from the date of the establishment of the offense does not mean that the person concerned will not be able to apply for judicial protection. Even in this case, the claim will be accepted and considered. Only if the defendant declares that the time given to the plaintiff for the judicial restoration of his rights has expired before the judge makes a decision, the claim will be denied.

What is the statute of limitations for a loan agreement?

The limitation period under a loan agreement is the period of time after which the debtor, in the event of a lawsuit, may declare that it is impossible to recover the debt from him. The limitation period under a loan agreement is equal to the general limitation period under civil law - 3 years.

However, as already mentioned, the expiration of 3 years does not automatically cancel the debt under the contract and is not an obstacle for the creditor to go to court.

The debtor should be aware of several circumstances:

1. The expiration of the limitation period is not considered an obstacle to recovering credit debt by non-judicial methods (in writing, by phone).
2. The end of the statute of limitations is not a hindrance to the sale of debt to collectors. With regard to debts for which it is almost guaranteed that it is impossible to collect through the courts, collection services work very hard.
3. Despite a strong argument on the part of the debtor, the creditor can still go to court. If the borrower does not arrive at the court session and does not declare that the plaintiff has missed the statute of limitations, the debt will be collected, and nothing can be done about it. To keep abreast of events, not to miss a possible subpoena from the court, you need to regularly check your mail, especially if the registration address or the address indicated in the contract document does not match the address of actual residence.

Restriction of the right to file a main claim

Debt, which is formed as a result of non-payment of the loan, has features. The loan must be repaid not in one amount, but most often in monthly installments. Such payments are called time payments. And so the debt from month to month increases. If the debtor pays something, then the first debt is repaid.

The limitation period for time payments is calculated separately for each overdue payment. This position of the courts was set out in the resolution of the Plenum of the Supreme Court of the Russian Federation "On some issues ..." dated September 29, 2015 No. 43. It turns out that if the debtor has not paid the loan for 4 years, then the limitation period can only be applied to payments of the first year of non-payment, and in order for the limitation period to cover the entire debt, it is necessary to wait until 3 years have passed since the delay in the last payment occurred.

How the statute of limitations applies to interest claims

A loan implies that in addition to the principal debt, the borrower is also obliged to pay interest. The monthly payment usually includes:

• part of the debt;
• part of the interest.

Therefore, we can say that these two obligations are interconnected. The rules on the limitation of the period of time for applying to the court apply here under the same conditions as for the principal debt.

So the right to demand payment of interest is limited to 3 years. And since interest is also considered time-based payments, they can be collected just for the last 3 years. At the same time, the obligation that arose due to non-payment of interest is considered additional, and as soon as the limitation period for the principal amount expires, the period for claiming interest on this amount also ends (Article 207 of the Civil Code of the Russian Federation).

But in the case when it was established in the contract that interest must be paid later than the return of the debt amount, the terms for these obligations are considered separately. With the passage of the term on the main claim, the creditor can still go to court and demand to collect interest.

IMPORTANT! There is one more point regarding the main and additional requirements, enshrined in the resolution of the Plenum of the Supreme Court of the Russian Federation No. 43. If the creditor managed to file a lawsuit demanding the return of the principal debt, and at the same time began to demand interest, then the limitation period continues to run. While the case is being considered in court, it may end. Then it will be difficult to restore it.

When the statute of limitations expires for the guarantor

If a guarantor was involved in obtaining a loan, the bank can redirect its claims for payment of the debt to him. And then the guarantor already thinks about the application of the statute of limitations.

The guarantee belongs to the category of additional requirements, and, in theory, the norms of Art. 207 of the Civil Code of the Russian Federation, i.e., the limitation period for the guarantor must end after 3 years from the date of delay.

But there is a nuance in the rules governing the guarantee itself. In part 6 of Art. 367 of the Civil Code of the Russian Federation states that the guarantee terminates one year after the delay, if the creditor does not file a lawsuit with the court for the forced collection of debt from the guarantor during this time. And here is how the practice has developed in this regard.

In paragraph 3.2 of the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on May 22, 2013, the opinion was expressed that the surety agreement cannot be considered terminated in terms of the surety's liability for the debtor's obligations to the creditor. Therefore, the same three-year period applies to the guarantor, separately accrued for each payment.

The statute of limitations on a loan: the nuances of calculation

Due to some variations in the interpretation of the rules of law, it is with regard to the statute of limitations on loan agreements that lawyers have discrepancies as to which date to count the required 3 years from. Judicial practice is also heterogeneous in this regard. The only thing in which the legal opinion is similar is that the countdown of the limitation period for credit agreements does not begin at all from the date of signing the agreement.

There are several ways to calculate the limitation period under credit agreements:

1. The countdown of the time given to the creditor to restore his rights begins from the day when these rights were violated. That is, under a loan agreement, the payments under which are arranged according to the dates of payments, from the day when the debtor repaid the next payment and stopped paying the loan. This position seems quite logical, because, without receiving several payments in a row, a credit institution must understand that its rights are being violated, and can go to court.
2. Some courts disagree with this interpretation. They justify their position by the fact that, according to Art. 200 of the Civil Code of the Russian Federation for obligations with an established deadline for performance, the limitation period begins to be counted from the date of completion of performance. That is, in relation to the loan agreement, this is the date of completion of the loan, without reference to the day of the last made or overdue payment. For example, if a loan was taken in January 2018 for 5 years, then the limitation period will begin to run from January 2023.
3. A number of members of the judiciary use the third option. The countdown for the protection of violated rights begins from the date of sending the official request of the bank to the debtor with a request to repay the debt.

The first option is used in the vast majority of recovery cases. The Supreme Court of the Russian Federation adheres to the same position.

Practical application of the statute of limitations

Pinning your hopes on the statute of limitations, allowing you to avoid loan payments even through the courts, you need to remember and know the following important nuances:

1. Any documented contact between the debtor and the creditor (signed statements, agreements, other documents with recognition of debt) resets the limitation period to zero. The time period starts from the beginning.
2. An application addressed to the bank for debt restructuring also cancels the period that has passed by that time.
3. If part of the debt is extinguished, then the statute of limitations that has passed by this time is abolished. The period begins to be calculated anew from the date of payment.
4. The sale of debt to collectors or transfer to another credit institution does not affect the limitation period.

Thus, the limitation period acts as a good guarantor for the debtor against the collection of long-standing debts with high interest and fines. However, this law must be used correctly. It is better to entrust the calculation of the statute of limitations under a loan agreement to a professional and contact a lawyer or lawyer specializing in such cases for this.

They took a loan from a bank and faced a situation where it became problematic to pay: lost their job or got sick? Or even worse: once upon a time, foolishly, they vouched for a distant relative, who, moreover, recently died, and today you received a subpoena! When is the statute of limitations for a loan? Will the bank write off the debt? Is it possible not to pay?

In this material, we will deal with the subtleties and nuances associated with the limitation period for bank loans and cards of individuals in Russia.

The limitation period for a loan is the time during which the bank can recover the loan through the courts. The bank can demand payment of the loan through the court from the borrower, guarantor or assignee. The successor is the heir of the deceased debtor.

Below in the article, we described in detail how the bank operates in such cases, what kind of property bailiffs can describe in you, gave examples from judicial practice, in one of these examples a person took a loan of 100,000 rubles, stopped paying, and after the trial returned to the general complexity 213 608 rubles.

How much is and from what moment to calculate the limitation period

The Civil Code states (Article 196) that the general limitation period is three years.

From when do you count three years? This issue is controversial. Some lawyers believe that each individual payment should be considered separately. Their opponents propose to count from the end date of the loan or loan agreement. Still others count from the date of the last payment.

Which of them is right? Let's turn to the laws. Article 200 of the Civil Code of the Russian Federation says that it is necessary to count from the moment the party whose right was violated learned about this violation. What does it mean?

The loan agreement contains a payment schedule, according to which the loan must be paid on a certain date of each month. As soon as you are late in payment, the bank will know about it. So, from this day we count three years. For the next payment, the limitation period begins to be considered as soon as it is overdue, etc.

That is, for each payment, the limitation period is considered separately.

Example: Pavel took a loan of 36,000 rubles for 12 months on February 14, 2015. On the 14th day of each month, the monthly loan installment must be paid. The first three months: until May 14 inclusive, Pavel regularly makes payments. June 14 is the date of the next payment, but Pavel does not pay or does not make the payment in full. From this moment, the creditor already knows about the delay, the limitation period for this payment begins to flow.

A month later, the amount of the next payment plus a late payment penalty is added to the amount owed. For this amount, a three-year period is considered already from July 14, 2015, etc. (see table 1).

Table 1: Calculation of the limitation period for loan payments

Limitation period for a loan for a guarantor

If you have signed a loan guarantee agreement, which was taken by a relative, friend or other person, and this person has stopped paying the loan, then bank representatives will contact you. Offer to pay the debt. It is clear that you do not want this at all. Let's deal with the issue of limitation of actions for the guarantor.

The guarantee is valid for as long as it is given. This period must be specified in the guarantee agreement. If no specific date is specified, the guarantee is valid for one year after the end of the loan agreement. If during this period the bank does not file a claim with the court, then the guarantee ends.

It should be borne in mind here that this term is preemptive - that is, the obligation itself is terminated: it cannot be restored, interrupted or counted again.

Even if the bank sues the guarantor after more than one year after the end of the loan agreement or after the period specified in the surety agreement, then you need to declare the termination of the obligation, referring to paragraph 6 of Article 367 of the Civil Code of the Russian Federation.

In practice, there are situations when the loan agreement is still valid, and the borrower dies before he has time to fully repay the loan. What in this case awaits the guarantor?

Limitation period for a loan of a deceased borrower

It all depends on the terms of the contract of guarantee. And there are two options:

1. If the guarantee agreement contains a clause stating that the surety agrees to be responsible for the new debtor in the event of the death of the debtor, then the guarantee does not terminate. And after the successor (the heir of the deceased debtor) is established, the guarantor will continue to be liable under the contract, but for another person.
2. If the guarantee agreement does not contain a clause stating that the guarantor agrees to be responsible for the new debtor, then after the transfer of the debt to another person (the heir of the deceased debtor), the guarantee terminates.

If the debtor dies, this does not affect the term of the guarantee. It is valid for as long as specified in the agreement or for a year after the end of the loan agreement.

Credit card statute of limitations

For a credit card, as well as for a loan, the limitation period is three years. In bank agreements for the provision of a credit card, there is usually no payment schedule. However, the terms of the contract stipulate that the debt must be repaid in installments.

For example, such wording: "the borrower is obliged to pay at least 10% of the used credit limit monthly no later than the date of such and such."

If the next payment is not made, the bank learns about it (it becomes aware of the violated right), respectively, from the date of delay and the limitation period begins to flow.

The statute of limitations may be interrupted

The limitation period may be interrupted and three years will need to be counted again - in this case, the bank will receive an advantage. This will happen if you:

• write an application for a loan extension or deferred payments;
• sign - revising the terms of the loan agreement, in which payments become smaller and the term is longer;
• received a claim from the bank demanding repayment of the debt and wrote an answer that they did not agree with the debt;
• and other actions that indicate acceptance of duty.

Attention! If you don't want the bank to be able to sue after the statute of limitations has expired, don't sign any acknowledgment papers.

These issues are explained in detail by the Supreme Court in the Resolution of the Plenum dated September 29, 2009 No. 43 “On some issues related to the application of the norms of the civil code of the Russian Federation on limitation of actions”.

There is an opinion: if you deposit any amount to pay off the debt, then this will be regarded by the bank as the debtor's consent to the debt and the limitation period will be interrupted.

However, the Resolution of the Plenum states that if the borrower contributed only part of the money, this does not mean that he recognized the debt as a whole, therefore, it does not interrupt the limitation period for the rest of the payments.

In practice, there are cases when the deadline has passed, but the bank still went to court, what to do in this case?

The statute of limitations has passed, will the bank write off the debt?

Firstly, you should not hope that the bank will miss the deadline and the “loan will burn out”.

Secondly, the bank can sue you even after the expiration of the limitation period. Moreover, the court can satisfy the creditor's claim and describe your property. But you can avoid it if you behave properly. How exactly? We have described this in detail below in the section “What to do if three years have passed and the bank has filed a lawsuit”

Thirdly if the bank does not go to court, then it transfers the right to claim (this is called an assignment agreement). And they will begin to diligently “knock out” debts from you, call your work, relatives, arrange all sorts of dirty tricks, threaten and blackmail. Until now, there are cases when debt collectors sealed the doors of debtors with glue, painted the walls of the entrance, beat the debtors and tortured them like racketeers of businessmen in the 90s.

Fortunately, on January 1, 2017, the law on protecting the rights of citizens of the Russian Federation from unscrupulous collection agencies and microfinance organizations came into force, which is designed to protect debtors from such actions. Nevertheless, the collectors still have instruments of moral pressure.

If you are experiencing difficulties with collectors, we recommend that you read our materials on how to behave with them correctly:

What to do if three years have passed and the bank has filed a lawsuit

The bank can legally file a lawsuit even after the statute of limitations has expired. Therefore, do not be surprised if after the expiration of the three-year period you receive a summons.

The fact is that judges themselves do not check the statute of limitations until the defendant declares this (Article 199 of the Civil Code of the Russian Federation). It is your duty to defend your interests.

All you have to do is tell the judge during the trial that you are asking for Art. 199 GK (Application of limitation period). After such a statement, the court will deny the bank a claim, and you can breathe easy.

After the court refuses the bank’s claim, the bank will not write off, even if you receive a salary on a card in this bank, and will not take away the property that you left as collateral for this loan.

You can declare the expiration of the limitation period not only during the trial, but also in other ways:

• write a written statement (petition) and give it to the court session;
• send the petition to the court by registered mail with acknowledgment of receipt;
• submit an application to the court office.

If you submit through the office, it is better to write in two copies, on one of which the employee of the court office must mark the receipt. .

Let's look at a few examples from judicial practice that will show how real people behaved in such cases.

Cases from judicial practice

Svetlana appealed the decision of the court of first instance

Svetlana took out a bank loan in March 2011 for a period of one year. For three months she regularly made payments, on the fourth, due to personal circumstances, she stopped paying the loan. She made her last payment in June 2011.

In October 2016, she received a subpoena. As it turned out, the bank filed a lawsuit to recover the debt on the loan - principal, interest, late fees for the entire period from June 2011 to October 2016. Svetlana fell ill and did not appear in court. The judge decided in favor of the bank - to recover the entire amount of the debt.

Svetlana filed an appeal - she appealed the decision to a higher court. She referred to the omission of the limitation period and asked the court to apply Art. 199 GK. The Court of Appeal agreed with her arguments and canceled the decision of the court of first instance - decided to dismiss the bank's claim.

Jacob reduced the amount of debt

In September 2017, the bank sued Yakov for the recovery of overdue loan payments. The debt was calculated from September 2013 to September 2015.

In court, Yakov said that he did not agree with the bank's calculation and provided his own. According to his calculations, from September 2013 to September 2014 (three years before the filing of the claim), the statute of limitations expired.

The judge agreed with Jacob's arguments and ordered the bank to recalculate the amount of the debt. As a result, the court decided to collect the debt only for the period from October 2014 to September 2015.

These examples are given solely so that you understand how to behave in court in such situations. But this does not mean at all that the loan can not be paid. Why, let's look further.

What happens if you don't pay at all?

If for some reason you decide not to pay on loans at all, then this threatens you with the following unpleasant consequences:

• you will spoil your credit history and it will be problematic for you to take new loans in the future;
• the debt will grow - interest and penalties for delay are added;
• if not a single payment was made, then such actions can be regarded as fraud, and this is already a criminal liability (Article 159 of the Criminal Code of the Russian Federation);
• bailiffs can prohibit traveling abroad, for this it is not necessary to have millions of debts, a debt amount of more than 30 thousand rubles is enough.

If you decide not to pay the loan at all, the bank will disturb you with calls and claims. Bank security officers will send SMS and write to social networks, including your friends. Just changing your SIM card is not enough to get rid of moral pressure.

The most annoying thing is that they will call all the phone numbers they find. Including your friends, relatives, colleagues. Mother, mother-in-law and boss find out about the duty. Yes, according to the law, banks and collectors cannot threaten debtors and mislead them, but in some cases this is not required. The goal of bank employees is to achieve payments by acting on nerves, conscience and kindred feelings.

History from life:

Masha got loans. At first, I missed one payment due to the fact that I did not correctly calculate my salary and spent it on new clothes, although I had to pay off the loan first. Then I missed another payment. Debt began to grow like a snowball. As a result, the girl “scored” on loans.

After some time, collectors began to call. At first they were polite to her. Then they began to frighten us with courts and bailiffs. Masha promised to pay, even made some payments, but did not cover the entire amount of the debt. The collectors began to increase the pressure, found the phones of her parents, began to call them, to scare them that they would take the apartment because of a petty debt.

The mother of the debtor, who was not savvy in legal matters, got scared and began to put pressure on her daughter worse than collectors. It's one thing when you ignore collectors, don't answer. blocking their phones. But hiding from the anger of parents is much more difficult.

The next step - the bank goes to court or attracts collectors.

If the bank sues within the statute of limitations, the decision will not be in your favor. The debt will have to be returned, only a penalty for late payments, legal costs of the bank and will be added to it.

When the decision comes into force, bailiffs will come to you to describe the property in order to sell it at auction and repay the bank. If the property is not enough, a document will be sent to you at work - a writ of execution. A certain part (up to 50%) will be withheld from each salary and transferred to the bank.

If you do not officially work and there is no property, then the bank will periodically send a writ of execution to bailiffs, up to your pension. After you become a pensioner, the writ of execution will be sent to the Pension Fund and will be withheld from your pension.

Case from practice:

Gennady took out a loan - 100 thousand rubles at 20% per annum for a year. Every month, according to the payment schedule, you need to make 9,263 rubles. The total overpayment on the loan for the year is 11,159 rubles. A perfectly acceptable amount. But this is if Gennady regularly paid. However, after five months, he stopped paying. As it turned out, in the loan agreement there was a clause on a penalty for missing payments - 0.5% per day (!) Of the amount owed.

A year later, the bank sued. The total amount of the claim amounted to 152,379 rubles, of which 87,538 rubles was a penalty for late payments. Plus, legal expenses (state duty) were added to this amount - 4,248 rubles.

The court granted the bank's claims. Plus, the bailiffs collected from Gennady a performance fee equal to seven percent of the amount of the recovery - 10,666 rubles.

But before that, Gennady had already paid 46,315 rubles, when he paid regularly. It turned out that he took 100 thousand rubles from the bank, and returned a total of 213,608 rubles. To do this, he had to sell the car.

You don't have to wait for the court. If you have difficulties: you lost your job, got sick, and you need to pay a loan, agree with the bank on a deferral or installment plan of payments, and do not wait until the debt grows like a snowball or collectors call.

What debt will not be released abroad

If the amount of debt on the writ of execution is 30 thousand rubles (from October 1, 2017, earlier - 10 thousand rubles) or more, then keep in mind that most likely you will not be able to relax abroad, as the bailiff imposes a restriction on departure from the Russian Federation - sends the relevant decision to the Border Control Department.

This decision is valid for six months. If the debt is not paid during this time, the bailiff will send a new resolution.

But even if the amount of the debt is less than 30 thousand rubles, but more than 10 thousand, then after the writ of execution enters the bailiff service, the debtor is given 5 days to voluntarily pay the debt. If after these 5 days plus two months the debtor does not pay the debt, then the bailiff has the right to also restrict travel abroad. Moreover, the amount can be made up of different writ of execution. That is, in this case, an amount that exceeds only 10 thousand rubles is enough to restrict the exit.

Is it legal to transfer debt to debt collectors?

Please note that the expiration of the statute of limitations does not prevent the bank from selling the debt to collectors. Moreover, this is common practice. Of course, banks tend not to wait until three years have passed, but get rid of problem assets earlier.

There is a lot of conflicting information on the Internet that it is illegal to transfer debt to debt collectors. Allegedly, this is a violation of banking secrecy and the law on personal data.

Let's figure it out.

It all depends on the terms of the documents that you signed at the time of receiving the loan: the loan agreement and consent to the processing of personal data and the date of receipt of the loan.

If you took out a loan before July 1, 2014, then the loan agreement and the consent to the processing of personal data must provide that the borrower is not against the transfer of data to third parties. Then the bank can transfer the debt to collectors by law.

On July 1, 2014, a law came into force, according to which the bank can transfer the debt to third parties, even if this is not specified in the contract. It is enough that the contract does not contain a direct prohibition on such actions (Article 12 of the Federal Law “On Consumer Credit (Loan)”).

If you find that the debt was transferred to collectors illegally, complain to Roskomnadzor. To file a complaint:

1. A form will open for filling out - indicate the requested data in it (name, subject of the appeal, e-mail, place of residence).

Screenshot 2

1. Describe the situation - briefly, concisely, to the point, without emotion.
2. Attach supporting documents: loan agreement, written demands of collectors or records of telephone conversations.
3. Enter the security code, click send.

In what cases the debt can not be paid according to the law

There are no legal grounds on which you can simply take and not pay the debt on the loan. Companies that promise to help cancel a loan are best not to be trusted. But there are cases when the law is on the side of the debtor:

• the limitation period for the loan has expired, and the court dismissed the bank's claim due to the expiration of the term;
• the bank wrote off the debt as bad: in practice, such cases are extremely rare - it is easier for the bank to sell the problem asset, especially since the law does not oblige banks to write off debts;
• a written agreement was concluded with the bank, where the debtor agreed to pay part of the debt, and the bank to write off the balance;
• if an insurance contract was concluded and an insured event occurred, according to which the insurance contract provides for the condition that the balance of the debt is paid by the insurance company.

Example: The insurance contract states that if the debtor becomes disabled, the loan balance is covered by insurance. In order for the insurance company to pay the rest of the debt for you, you need to send it a notification of the occurrence of an insured event. In response to the notification, the insurance company will provide a list of documents and further actions.

Answers to frequently asked questions:

A year ago, the debt was transferred to collectors, how is the limitation period calculated in this case?

Answer: The transfer of debt to collectors does not affect the course of the limitation period.

How is the statute of limitations for overdue loans calculated?

Answer: for each overdue payment, the limitation period is calculated separately.

Consumer loan debt nine years ago. Do you need to give?

Answer: Only if a decision is received in favor of the bank to recover the debt from you, and you cannot appeal it. In other cases, the decision is on your conscience.

Is the statute of limitations on the loan expiring and collectors have begun to disturb? What to do?

Answer: Offer to meet in court. If the statute of limitations has passed, then declare it in court, and according to the law, no one will demand anything from you.

Conclusion

1. Consider your options before taking out a loan.
2. If you cannot pay the loan due to illness, job loss, carefully read the insurance contract, perhaps in this case the debt can be covered by insurance;
3. Agree with the bank on or refinance the loan (see also:,;
4. Read the papers you sign carefully.
5. Remember that the court itself is not obliged to apply certain legal norms. And if the bank sued you, and you consider it unreasonable, be sure to prove your point of view in court, refer to the laws.

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