What if there is a delay and there is nothing to pay the loan with? How is the court going with the bank if there are debts? Is it possible not to pay the loan at all and how to do it legally?

Greetings to the readers and visitors of the HeatherBober online magazine! Denis Kuderin is in touch.

We continue the multifaceted topic of financial insolvency (bankruptcy). In the new article I will try to answer the question of what will happen if you do not pay your credit bills.

The publication will be useful to everyone who at least once took a loan from a bank, as well as to those who are going to do it in the near future or in the long term. Everyone who deals with loans needs to know what happens in the event of non-payment of debt.

A close friend of mine got into an unpleasant situation - he took out a loan and was late in payment. Therefore, I know firsthand what a bank can do in such situations.

Below I will tell you everything in detail!

1. What will happen if you do not pay the loan?

When a person borrows money, he roughly imagines how he will give it back - to deduct a certain percentage of his salary, to repay the loan ahead of schedule from additional income, etc.

Every borrower believes in the best - that the debt obligations will be repaid without delays, or even ahead of schedule. When signing a loan agreement, few people think in advance about unforeseen options - such as dismissal, economic crisis, force majeure.

And such options are found all the time. The money that is needed to pay the debt goes in a different direction, there is absolutely nothing to repay the loans, and the loan itself turns into an unbearable burden.

What if it is impossible to repay the debt? What happens if the debtor stops paying the loan? It is better to know the answers to such questions in advance in order to develop an effective action plan if something happens.

If the debtor behaves correctly, the forced non-payment of the loan will not turn into a disaster. Sometimes it is even more profitable for a borrower to refuse exorbitant monthly payments and initiate a case on his financial insolvency (bankruptcy).

The judicial executive mechanisms are such that during the proceedings, the accrual of interest is suspended, and the amount of debt is fixed. The new debt repayment schedule is discussed with financial managers, who in their majority are always ready to compromise.

Myths about non-payment of loans

To reassure readers, I want to immediately refute some of the most common "horror stories" with which some bank employees and collectors like to scare gullible customers.

If you fail to pay on loans, the following will NOT happen to you:

• no one will break your legs, cut out a kidney or kidnap your children: at the moment there has not been a single case of real physical violence against debtors by collectors or banks;
• if you are not a hard-core defaulter, you will not be sent to prison and given a suspended sentence - when they say “court for non-payment,” they mean an arbitration court, not criminal prosecution;
• social workers will not take away your parental rights;
• your relatives will not be held liable for debts (unless they were guarantors).

In other words, non-payment of loans is a purely financial problem that concerns only the debtor and the credit institution.

More details about the mechanisms and consequences - in a special article on our blog.

However, being frivolous about unpaid debts is just as unacceptable as fear and panic. You cannot do without unpleasant moments, but you can prepare for them in advance.

Legal aspect of the issue

Protection of the debtor's rights is the work of the debtor himself, as well as the lawyers and anti-collectors involved by him. No one will help borrowers gratuitously, but it is in their power to study the legal aspects of insolvency and skillfully use the knowledge gained.

The law on bankruptcy of individuals in the Russian Federation came into effect at the end of 2015. Prior to that, all conflicts between banks and recipients of loans were resolved on an individual basis within the framework of general federal legislation.

The need to declare bankruptcy of individuals (these include individual entrepreneurs) has matured in connection with the development of the institution of lending in the country. Consumer loans are available today to everyone, and millions of citizens have already taken advantage of this opportunity.

The purchasing power has grown, but not all loan recipients are able to realistically assess their monetary potential. This is partly due to the low level of financial literacy of the population.

The credit system has been operating abroad for a hundred years; the inhabitants of our country have not yet developed a proper attitude to debt issues. In the middle of the 2000s, citizens took loans, as they say, in "bundles", almost without thinking how they would give them back.

The results of this approach to loans are disappointing:

• almost a third of the population of the Russian Federation (about 40 million) has debts to banks or MFOs;
• 5-6 million of this number have the status of non-payers - that is, they constantly or periodically violate their debt obligations.

After the formation of overdue payments, relations with the bank usually develop according to the following scenario:

1. Pre-trial stage... At this stage, the debtor is exposed to psychological pressure and sometimes threats from the creditors. Lawyers advise, if possible, to document all the actions of bank employees, so that if something happens, you have something to contact law enforcement agencies.
2. Trial stage... The bank has the legal right to collect money through the courts. During the process, the debtor's property (material values \u200b\u200band accounts) are seized.
3. Post-trial stage... Depending on the decision made in court, the debtor is subject to certain sanctions.

If the debtor behaves competently at all stages, the consequences of non-payment on loans will be minimal. If you choose the wrong line of behavior, bankruptcy will take away a fair amount of your strength and nervous energy.

2. How money is recovered after the trial - the main stages

Before moving on to the stage of collecting money after the trial, I will tell you a little about the bank's pre-trial actions.

If you decide not to pay your bills or cannot do it for reasons beyond your control, do not expect banks to forget about debt and leave you alone.

Within a couple of weeks after the first delay, you will receive an SMS reminder from the bank to your number. Then the staff will call you. At first, these calls will be correct - you never know, maybe you really just forgot to transfer money through the account. Then the reminders will become more stringent.

Some clients at this stage choose a fundamentally wrong line of behavior - I call it the "ostrich position". They do not answer calls, ignore SMS calls and generally hide their heads in the sand, believing, apparently, that the problem will resolve by itself, like a seam after a hypnotherapist session.

I assure you, it will not dissolve. The number of calls will only grow, and after a while your case will be transferred to the collection department of a financial company or collectors. These structures act in almost the same way - they put pressure on the debtor in all possible ways, not allowing them to relax.

Correct lines of behavior at the pre-trial stage:

• negotiations with the bank;
• mutual concessions;
• compromise solutions.

This does not always lead to the desired results, but, at least, it saves your nerves.

And then - even if it comes to court, it is not a disaster. Yes, your life will change, but it is in your power to get out of the financial impasse with the least loss.

Let's go further: the court held scheduled sessions on your case, considered all the circumstances of non-payment and delivered a verdict. Usually, the court's decision is unambiguous - the debtor pays the bank a certain amount. How this will be done depends on the specific circumstances of the case.

All details following the sanctions are determined by the bailiffs. This authority has much more authority than the same collectors. In the hands of the bailiffs are the most powerful executive tools that allow them to achieve their main goal - the fulfillment of debt obligations.

I'll tell you about these tools in detail.

Stage 1. Arrest of property

The arrest of movable and immovable property is almost a mandatory procedure when it comes to declaring bankruptcy of individuals and legal entities. Arrest is also imposed in cases where you took out a loan secured.

Example

If you took out a loan secured by your own car, the court has every right to arrest your car. By deciding to sell it or hide it, you become a malicious evader and may be criminally liable for your actions.

After the arrest of the car by the court, the vehicle will be described by the bailiffs, and then sold at a free auction. The proceeds from payments will go to pay off the debt. If extra money remains after the sale, it will be returned to the owner.

But even if there was no question of any collateral when the loan agreement was drawn up, the property can be arrested - in situations where it is impossible to repay debts in any other way.

Can bailiffs take away an apartment for debts? Only if this living space is not your only place of residence. In addition to housing and transport, the bailiffs have the right to seize household appliances, furniture, and jewelry.

What happens if the debtor does not have valuable property? Banks and bailiffs will seek other options for debt repayment. They will make inquiries with tax and financial institutions to find out where you work, salary and bank account status.

Stage 2. Foreclosure on monetary funds

Recovery of debtors' finances is an effective instrument for debt repayment. In terms of efficiency, it is not inferior to the arrest and sale of valuable property of insolvent borrowers.

Having learned in which banks a citizen has accounts, the bailiffs have the right to arrest them and transfer funds to the creditor. The right applies to any deposits other than those for which social benefits and government benefits are received.

Such accounts can also be arrested, but after finding out the source of funding, the restrictions are removed from them. The debtor has the right to challenge the court decision by contacting the relevant services.

Stage 3. Debt indexation

The essence of this stage is as follows. Without indexation, a person who borrowed 100 rubles 10 years ago pays the creditor exactly this amount.

However, as a result of inflation, devaluation and economic crises, the real value of this amount decreases several times. The debtor will win, the creditor will be the fools.

Against the background of the permanent instability of the ruble, the indexation of the amount of debt becomes especially urgent. Such a decision is usually made in cases where the court's verdict on the fulfillment of debt obligations has already entered into force, but the debtor for some reason did not fulfill it or did it only after a few years.

The indexation threat is a kind of incentive for debtors to enforce court decisions more promptly.

Stage 4. Sending a writ of execution to the place of work

The essence of such an actuator is very clear. When a citizen does not have valuable property and money on deposits, this does not mean that banks will forgive him all debts. You still have to pay the bills.

At the place of work of the person, the bailiffs send a writ of execution, which prescribes withholding part of the amount from the salary due to the debtor in favor of the lender. This is usually 50% of the official salary. Through the court, it is possible to achieve a reduction in the percentage of payments, but it will not be possible to completely reverse such a decision.

Stage 5. Restrictions on rights

In addition to collecting money, there are other mechanisms to influence careless borrowers. For example, they are prohibited from leaving the country until their loan debts are paid in full.

Persons declared bankrupt are prohibited from holding managerial positions for a certain period.

Of course, bankruptcy negatively affects a citizen's credit history. It is unlikely that he will be able to take a new loan if he was already on trial for non-payment of the previous debt.

Stage 6. Forced eviction

The bailiffs have to take the apartment and evict the owner only if this is not the only home of the debtor. In addition, the amount owed must be comparable to the price of the property.

Example

If the debt is 300 thousand rubles, and the cost of the apartment is 10 million, the court is unlikely to insist on the seizure of housing, but will try to resolve the issue in a different way.

Immovable property will not be taken away also if a part of the living space belongs to minors or if they are at least registered in the apartment. The social guardianship authorities strictly monitor the observance of children's rights.

Bailiffs rarely resort to the procedure for listing housing, but in theory such a situation is quite possible. The eviction process is accompanied by attesting witnesses. If the debtor refuses to leave his native walls voluntarily, coercive influence by law enforcement agencies is allowed.

3. How not to pay a loan legally - 5 basic tips

We have considered all the negative consequences of non-payment of loans, now it's time to tell how you can avoid situations undesirable for borrowers or at least reduce the damage.

The recipient of the loan has the right to cancel the agreement if violations are found in it. Sometimes, with the help of professional lawyers, debtors manage to abolish extortionate levies from banks and fix the amount of debt.

In rare cases, it even turns out to completely refuse payments - upon detection of gross violations by the credit company.

The problem is that only specialists can find loopholes in legal documents, and their services cost money.

When a bank hands over your debt to collectors, a good option to mitigate the damage is to buy out the debt by someone close to you.

Not all borrowers are aware that such a way of solving the issue exists at all. However, the buyback procedure is quite legal and is similar to that for the transfer of bank debt to collectors.

The minimum ransom amount is 20%, the maximum is half. The law allows for the redemption of debt by legal entities.

The best solution to the debt issue. Banks often meet their clients halfway if they pursue a policy of openness and do not shy away from negotiations.

There are several types of peaceful settlement of the conflict:

• debt restructuring;
• refinancing - obtaining a new loan to cover the previous loan;
• deferral of payments (credit holidays) - sometimes the bank allows clients to postpone debt repayment for a year or two (during this period, only interest is charged).

Finding a compromise is easier for loyal customers who previously did not allow delays in payments.

Advice 4. Restructuring credit debt

The most common compromise solution. Restructuring is a set of measures designed to stabilize the debtor's financial status.

Here I will briefly indicate what measures are being taken to restore the solvency of a citizen:

• decrease in the amount of monthly payments;
• increase in the total loan term;
• cancellation of penalties for a certain period.

Restructuring is one of the favorable outcomes of bankruptcy cases.

Insolvency means that the debtor is not really able to pay off the debt. When a person becomes bankrupt, his property and accounts are seized. Next, the procedure for the sale of assets is assigned.

An official person, a financial manager, is responsible for assessing the value of the property. He also appoints the time and method of selling valuable things in favor of the lender.

4. Who can help if there is nothing to pay on the loan - a review of the TOP-5 anti-collection agencies

People in difficult financial situations are helped by law firms specializing in bankruptcy and civil insolvency. Such organizations are called "anti-collectors".

I bring to the attention of our readers a list of 5 most competent and popular law firms in the Russian Federation in this area.

1) OFIR

A company headquartered in Moscow, providing services to individuals. Solves all issues related to overdue bank loans and outstanding debt obligations.

Help from professional credit lawyers (anti-collectors), support for citizens in difficult financial situations, work with banks, collectors, microloan organizations, leasing agencies.

2) First Antikollektorskoe Agency

A firm working on issues of debts of citizens and legal entities to banks, MFIs and leasing companies. The name of the company speaks for itself - any anti-collection services, legal cancellation of debts to individuals and legal entities.

Confidentiality guarantee, round-the-clock professional advice from lawyers and bankruptcy specialists. Experience in handling complex financial and legal cases, which were abandoned by other anti-collection companies.

Qualified assistance in solving any problems of borrowers. Among the advantages of the company are a large staff of experienced lawyers and the possibility of remote consultations with employees.

The bureau employs only professional and experienced lawyers specializing in bankruptcy of legal entities and individuals. Resolving issues and conflict situations related to pressure on citizens by collectors and bank representatives.

Professional protection of citizens in the struggle for their legal rights in relation to all kinds of debts. The company's motto is "The law is on your side."

The company employs lawyers with the highest level of qualifications, experience in bankruptcy cases and thorough knowledge of the Civil Code. A guarantee of a quick solution to any conflict situations, reduction or cancellation of fines, re-profiling of debt obligations.

Full cycle agency with an office in St. Petersburg. The main specialization of the company is the bankruptcy of citizens (individuals).

The agency protects borrowers from actions of collectors and banks, returns illegally taken fines and commissions. The company specializes in "turnkey bankruptcy" taking into account the client's budget. A course towards a complete and most beneficial solution to the credit problem for debtors.

For convenience, I will present the main characteristics of agencies in the form of a table:

№	Company name	Head office location	Benefits and features of work
1	OFIR	Moscow	Guaranteed success in 99% of cases
2	First Antikollektorskoe Agency	Moscow	Solving the issue in favor of the client within 24 hours
3		Moscow	Free phone consultations
4		Moscow	24-hour remote consultations via the Internet
5		St. Petersburg	A course for maximum savings of the client's funds.

Sometimes there are situations when there is nothing to make payments on a bank loan. If the burden on the family budget is too high, but you want to avoid negative consequences and problems with a financial and credit institution, it is imperative to know what to do in this case in order to preserve your property and minimize possible material damage. Since the bank is interested in the age of the loan funds issued, it will compromise and, together with the client, select an individual legal scheme that will pay off the entire amount of the debt.

What threatens the borrower with a loan debt

If the debtor does not repay the principal and interest on the loan according to the schedule that was previously approved by the financial institution, he first receives a verbal, then a written warning, indicating the possible consequences of non-payment and penalties. A qualified employee constantly contacts the borrower by phone and reminds him of the debt, invites him to visit the branch to find suitable ways to resolve the issue.

If the borrower-debtor regularly pays off at least a small amount of monthly interest on the loan, the financial organization monitors his case and is in no hurry to submit it to court. When the circumstance due to which the client does not manage to make payments on the loan on time and fulfill his obligations to the lender is respectful - loss of legal capacity, sudden dismissal from his job, the need for an urgent expensive operation, and there is evidence of this, then the bank goes to meet the person providing credit holidays.

Individuals with an ideal reputation, regular customers who prematurely sent an appeal with a request to provide them with vacations due to deteriorating solvency, can count on an installment loan. The bank's management calls the meeting and makes a decision about the client. If he manages to prove that in the near future the financial situation will improve, earnings will increase, and the family budget will allow timely payment of the mortgage for an apartment, consumer loan or car loan, then the issue is resolved out of court.

Penalties and interest

The agreement specifies not only all the conditions for granting a loan, but also the possible consequences that will be if you do not pay the loan to the bank on time. The amount of fines and penalties is fixed. They cannot be unilaterally reviewed by a financial institution. Their accrual is carried out from the next day after the end of the payment period, if the mandatory monthly payment has not been made, and the interest on the loan has not been repaid. The amount of interest and penalties is different for each bank.

Transfer of information to the BCI

The first obligation of the bank, provided for by the current legislation, is to provide the borrower's file for storage by the Bureau of Credit Histories. By transmitting data, financial and credit organizations ensure the process of exchanging information with other market participants. Cases are kept in the BCH for 10 years from the date of their last change. The financial institution undertakes to transmit information about updating credit histories within 5 working days. Changes in credit history are understood as different events - regular payments, delays.

Trial

If a person decides not to pay a loan, he is obliged to prepare not only for the constant attack of bank employees, fines, penalties, but also other, more serious problems. The initiation of legal proceedings is the work of a credit institution. She sends a claim to the authorized body and is refused in very rare cases. The litigation can take place without the participation of the debtor. Before filing a lawsuit, the lending institution is trying to resolve the issue out of court. The debtor can challenge the court decision.

Banks have the right to go to court for help if the loan is overdue for 2-3 weeks. Often, they turn to the executive body with a delay in payment for 3 months. This position is easily explained, the creditor is trying by any means to get his money back, it does not matter to him how much the client owes, and that legal costs may exceed the total amount of the debt. The main goal of a lending institution is to create a precedent, win the case, show other borrowers that it will return its funds.

Another reason for initiating legal proceedings by banks is the impossibility of writing off overdue debt without a corresponding court decision. According to the current legislation, creditors have the right to apply for collection of debts only for three years after their occurrence, therefore they do not delay these issues and quickly file claims.

Assignment of debt to collectors

If the lender does not have the time, ability and desire to independently solve the problem with the unscrupulous borrower, he can transfer the debt to an intermediary. This method of debt collection is much more effective than litigation. The bank has the right to resort to it under one of two agreements:

• debt redemption under the cession agreement - assignment of the right of claim;
• engaging collectors as intermediaries who help the financial institution to knock out debt.

Depending on the option chosen, the order of interaction of all parties involved in the problem situation is determined. If the collector acts as an intermediary, the bank remains the creditor, and the debtor undertakes to repay the debt to his account. If the debt is resold, the lender changes, but the terms of the agreement, the amount of debt and the amount of interest remain the same.

Regulatory regulation

The status, tasks, principles of organization and activity, the main functions of banks and credit and financial institutions are reflected in the following legislative documents and legal acts:

• Civil Code of the Russian Federation;
• RF Law "On Banks and Banking Activities";
• Federal Law "On Credit Histories";
• Federal Law "On Mortgage";
• Regulation No. 54-P "On the procedure for the provision (placement) of funds by credit institutions and their return";
• Regulation No. 39-P “On the procedure for calculating interest on operations related to the attraction and placement of funds by banks”.

What to do if you cannot pay the loan

You can't give up and despair. There are several ways to help avoid the serious consequences of non-payment of the loan:

• apply for loan restructuring;
• ask the bank for a deferral for a certain period of time;
• reissue an unprofitable loan on more convenient terms in another banking institution;
• use the on-lending service;
• declare bankruptcy, resulting in debt cancellation;
• transfer the obligations to the insurer company (if the loan is insured).

Another way not to pay a loan is to change the phone number and address of residence, to hide from a credit and financial organization. This method is illegal, therefore it often leads to criminal liability and confiscation of property in order to compensate for the entire amount of the debt. The bank first searches for the debtor on its own, then resorts to the services of collectors or involves the prosecutor's office, bailiffs in solving the problem, who have the right to describe the client's property, confiscate things and sell them forcibly.

How not to pay a loan legally

If you have nothing to repay a previously taken loan, you do not need to panic and hide. In order not to aggravate the situation, it is recommended to urgently contact the bank manager and ask him for advice on what to do next. You can involve an experienced lawyer to solve the problem. After analyzing the current situation, experts will find a way out and help to close the debt without consequences, without breaking the law.

Declaring yourself bankrupt

This method will help you not to pay the loan officially. The bankruptcy procedure is regulated at the legislative level. If earlier only a legal entity could declare itself bankrupt, then since 2015 ordinary citizens have also received such a right. Conditions under which you can declare yourself bankrupt:

• failure to repay a loan within 3 months due to lack of money;
• total debt for utility bills, loans, alimony, taxes exceeding half a million rubles.
• the presence of overdue debt on obligations for which the enforced collection period has not expired.

The law provides for two types of bankruptcy - voluntary and mandatory. If the listed conditions take place, the citizen undertakes to send a petition to the court to initiate a bankruptcy case. Creditors can apply with a similar requirement. It is better to go to the judicial authority yourself. In this case, a person has the right to propose his candidate as an insolvency administrator, under whose full control all measures for the sale of property and settlement of debts are carried out.

Consequences of bankruptcy:

• if a citizen does not have enough property for a full settlement with creditors, the debt is written off;
• a person who has declared himself bankrupt does not have the right to take out new loans for 5 years;
• there are no consequences in the form of administrative and criminal liability for a person;
• a citizen does not lose his place of work, and no arrest is imposed on his only housing, a person cannot be evicted from the only living space, it is not included in the list of arrested property;
• things that belong to a spouse, wife, parents and other family members are subject to sale, in order to protect their rights, they can file a claim to exclude their property from the list of things for the exercise and recognition of the right of individual property.

If the process of recognizing a citizen as insolvent ends with the execution of an agreement on restructuring, the above consequences do not occur. In this case, the seizure of assets can be lifted in court. Property belonging to close relatives of bankrupts included in the bankruptcy estate for settlements with creditors is not confiscated. If the spouses have a registered share ownership, only the debtor's share is seized.

Loan restructuring

Having financial problems? There is no way to pay a loan due to unforeseen circumstances, but you want to solve the problem without violating the current legislation? In this case, experts recommend doing the following: contacting the bank with a request to restructure the loan. This procedure is understood as the possibility of extending the term of a loan to five years or changing the format of payment of mandatory payments.

It is allowed to make contributions once every 2-3 months or provide to clients credit holidays for up to 6 months so that they can find a new job, get additional income, increase income, conclude profitable deals, and take other measures to improve their financial situation. Loan restructuring is beneficial for both the bank and the client, as it helps to solve the problem without trial, prosecutor's office and bailiffs. The main forms of restructuring:

• extension of the loan term, reducing the amount of monthly installments;
• deferral of repayment of the loan body without increasing the term;
• changes in the loan repayment schedule;
• writing off penalties and penalties;
• revision interest rate and a one-time reduction in interest on the loan.

The main advantages of restructuring for debtors are as follows:

• lack of constant communication with the creditor and moral pressure from him;
• minimum penalties for delays or their complete absence;
• reduction in the amount of the total overpayment if the borrower is granted credit holidays;
• preservation of ideal credit history.

Benefits for credit institutions:

• absence of overdue debts that negatively affect economic performance;
• no need to accrue reserves, due to which losses are reduced;
• overpayment of the loan, which leads to maximum profit.

The procedure also has its drawbacks. Lenders are in no hurry to approve the restructuring, so the client will have to spend a lot of time and nerves to get the desired answer. The amount of overpayment on the loan increases, since the financial organization includes penalties, fines, and allowances in the principal amount of the debt. You will need to collect a lot of documents, certificates, sign new agreements and programs on terms that are more beneficial to the lender.

Using insurance

If the borrower has thought of insuring the loan agreement in advance, then he knows what to do, if there is nothing to pay the loan with, apply for help to the insurance company with a statement about the payment of funds in connection with the occurrence of an insured event. The insurer company will agree to fulfill its obligations if the insurance contract provides for certain force majeure circumstances, and the inability to repay the client's loan is associated with one of them. The policyholder undertakes to collect documents proving the occurrence of the insured event.

This effective method is much more profitable than debt restructuring. It involves obtaining a new target loan from another financial institution to repay the old one. Refinancing conditions are as follows:

• the potential borrower has a permanent job;
• perfect credit history;
• a sufficient level of income.

On-lending scheme:

• the client contacts a credit institution and documents his solvency;
• the bank scoring, makes a decision on the issuance of a loan;
• the citizen agrees with the creditor bank in which the old loan is opened, the conditions for its early repayment;
• a loan agreement is signed with a lender that provides refinancing services;
• borrowed funds are transferred against debt.

The reasons for refusing to refinance are as follows:

• the potential borrower has a job that is life-threatening;
• the presence of outstanding debts for minor payments;
• age from 65 years;
• cases of fraud, provision of forged documents.

Recognition of a loan agreement invalid

To avoid legal consequences as a result of non-repayment of borrowed funds, you will need to do the following:

• enlist the support of an experienced lawyer;
• order an economic examination, compare the calculations carried out by an independent expert and the bank;
• collect claims and documents confirming the deception of the credit institution, deliberate concealment of information, which led to the client's ignorance of certain issues;
• file a claim in court;
• receive a summons and attend the court session on the date indicated in the summons.

The loan agreement is recognized as invalid by a court decision, which, upon entry into force, provides for bilateral restitution. This means that the creditor and the debtor undertake to return all funds received on the loan - the borrower returns the body of the loan, the banking institution - commission, interest, and other payments. In this case, the obligatory payments made by the borrower may be several times higher than the amount of funds received.

Illegal ways to solve the problem and possible consequences

If a person does not have the money to repay the loan, and he does not want to do anything to peacefully solve the problem with a financial and credit institution, then negative consequences cannot be avoided. The illegal ways borrowers resort to not to make loan installments are as follows:

• change of phone number, place of residence, personal data, passport data;
• ignoring warning letters from collectors and banks, failure to attend court sessions, violation of the instructions of a credit institution;
• sale of pledged property;
• re-registration of property rights, deposits, one-time benefits to other persons.

If earlier banks often forgave debts to their clients, in connection with the difficult economic situation, they tightened the conditions for working with debtors. People who refuse to repay debts are subject to criminal and administrative liability. Their property is seized and sold forcibly, and the proceeds are used to repay the loan.

Criminal punishment for deliberate evasion of debt repayment

Every borrower who does not make payments on time to pay off a debt should be aware that he may be held responsible for his actions, regardless of whether he did it on purpose or not. Article 177 of the Criminal Code of the Russian Federation states that for malicious evasion of debt repayment on a loan, the judicial authority has the right to apply a measure of imprisonment for up to 2 years.

Collection agencies and methods of influencing a defaulter

Banks often assign overdue loans to an intermediary. He is represented by a collection agency, whose task is to carry out work aimed at returning the borrowed funds received. Since the activities of the collectors are not fully defined and not regulated by law, the only thing they can do is to put pressure on the debtor, resorting to psychological methods, in order to push him to fully or partially close the loan.

Collectors put pressure not only on the debtor, but also on his relatives, relatives - spouse, brother / sister, father / mother without restrictions. The latter must know that they can protect their interests. The property of relatives is subject to arrest, can be described and forcibly sold only when the owners cannot prove that all the described things were acquired for personal funds. If there are problems with agencies for "knocking out" debts, the only correct solution is to seek help from an anti-collection institution. The cost of their services is low.

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A serious illness, loss of a job, a decrease in wages, a change in family circumstances ... The reasons why the borrower is unable to pay the loan can be very different. What is the threat of non-payment of the loan and how to behave correctly in such a difficult situation? Read about it in our new article!

There is no way to pay the loan, what should I do?

If unforeseen circumstances interfere with your plans and you are in danger of problems with loan repayment, you should remember about two basic rules:

1. You can't let the situation take its course, simply stopping to pay the loan - this will only lead to an increase in your debt and penalties for delays. It should be understood that the sooner you start to deal with this problem, the easier and easier everything will be solved.
2. Negotiations with the bank cannot be avoided. Be always in touch, because you, like no one else, are interested in an agreement and a peaceful outcome of the case.

Remember that by breaking these simple rules, you not only complicate the situation that has arisen, but also give the bank an advantage in further proceedings.

Loan failure: consequences

So, what are the real consequences for the borrower if the loan fails?

1. Within three or four months, the bank will strongly remind you of late payment and loan arrears. You will receive notifications and phone calls reminding you to repay the loan and pay the accumulated interest and fines.
2. Further, if an appropriate clause is provided in the loan agreement, the bank transfers the borrower's case into the hands of the collectors. As a rule, at this stage there is an active psychological pressure, and not only on the debtor, but also on the people around him (family, friends, colleagues, etc.).
3. Ultimately, the case goes to court. During the trial, the amount of the debt will be fixed, and the debt repayment schedule will no longer be discussed with the bank, but directly with the bailiffs.

Separately, it should be noted that it makes no sense for debtors to pay attention to provocations and "horror stories" that banks and collectors like to tell borrowers who are in a difficult life situation. If you have nothing to pay the loan with, then:

• Your friends and family will not be involved in paying your debt. Responsibility for the payment of the loan rests only with the debtor and his guarantor;
• You will not be sent to jail or prosecuted. This is possible only in two cases and only by a court decision: if you have maliciously evaded paying a loan, the amount of which exceeds 1,500,000 rubles. (Art. 177 of the Criminal Code of the Russian Federation) or did not make any payments on the loan (Art. 159.1 of the Criminal Code of the Russian Federation);
• The bank and collectors will not be able to take your child from you or deprive you of parental rights for non-payment of the loan. This is just one type of psychological pressure on the debtor.

Note! If you are threatened by collectors or bank employees, we recommend that you immediately seek help from.

Action plan

For the most effective solution to the problem with a loan, we recommend adhering to the following algorithm:

Step one: Study the loan agreement carefully.

If the loan is insured, then in case of deterioration of your financial situation, payments on the loan will be made by the insurance company.

Step two: Send an official letter to the bank.

Regardless of whether you have insurance, at this stage, your main task will be to show your conscientiousness as a borrower. Even if the bank does not respond and does not react in any way to this letter, you will still have confirmation that you are not a fraudster and not a malicious defaulter, but just a person who is in a difficult situation and has taken the initiative to negotiate.

How to write a letter correctly? It is enough to explain the situation that has arisen (it is advisable to attach supporting documents: a medical certificate, a copy of a work book, etc.) and offer the bank to solve the situation in a convenient way for both parties:

• Involvement of an insurance company (if you took out insurance when applying for a loan);
• Debt restructuring (decrease in the amount of the monthly payment by increasing the total loan term);
• Credit Holidays (temporary deferral of loan repayment);
• Sale of debt to a third party (this option is suitable if you have a relative or friend who is ready to buy your loan from a bank);
• Going to court (your loan will be frozen and interest, fines and penalties will no longer be charged on it).

Step three: Pay the loan with reasonable amounts

While you are dealing with the bank, preparing the necessary documents or waiting to go to court, you should not miss the deadline for payments on the loan. You need to make a feasible amount, without getting out of the payment schedule, in order to show your conscientiousness and willingness to pay on the loan, this will become your trump card in litigation.

Today, it is not so rare to find a situation when a person collects a lot of loans from different banks for different needs. And then he realizes that there are a lot of debts, but he has nothing to pay. What should the borrower do in such a situation? We will tell you further.

Debt: what is it?

Debt is a person having several credit obligations to different individuals and legal entities. In dry banking language, this term has another name - "".

He determines what is the ratio of the borrower's income to his obligations. If there are too many debts, it means that the burden on a person is too great, and he will not receive a new loan.

Getting caught up in debt is easy. Trying to rectify his unstable financial situation, a person takes a new loan to pay off the existing one. At the same time, unfortunately, new applications are approved either for or for, where the interest is completely unprofitable.

Then he recklessly agrees to a "profitable" credit deal, wanting to cover his debts to other creditors ... As a result, he remains everywhere owed and completely insolvent.

You need to realize that the debt will not just disappear and the bank will not forget about you, and therefore you need to carefully read the advice from the forums and video instructions from YouTube and start acting.

When people find themselves in such situations, which are popularly called a "debt pit", not everyone knows that there is a completely legal way out of this situation. But the first thing to start with is to review all your loans and try to pay off even the smallest ones.

What is the threat of non-payment of loans?

Many people, realizing that they have nothing to pay off their debts, simply go deep underground. In other words, they begin to hide from bank employees, diligently ignoring all calls, SMS and letters that come from the collection department. Debtors often hope that they will simply be forgotten.

What is really going on? The bank does not forget about anyone, it does not forgive anyone's debts. Every day the amount of your debt will increase due to the fact that the penalty amount may be injured or even exceed the amount of your debt.

The bank, having identified a problem debtor, first tries to resolve this issue on its own, through calls and letters. If that fails, there are two options here:

• the bank will go to court, and with the help will seek the return of its money. As a result - a damaged credit history, seizure of accounts, possible seizure of property, a ban on travel abroad.
• or the loan is resold to collectors who will not stand on ceremony with you in knocking out money. If you started receiving warnings in the form of dubious calls, threats and incomprehensible offers before the court's decision was made, you can contact the anti-collection service. After all, the collectors are professionals too. Read more about the legality of such methods on the part of collectors on this page.

Important! When a person complains about the lack of funds to pay off loans, he must prove that he has done at least something to reduce the debt. Do not wait until the penalty interest starts to drip and the creditor starts litigation.

What to do when there are several loans, but there is nothing to pay them with?

The first correct step is to announce to the lender that you have nothing to pay with. What is needed for that:

In addition, many borrowers resort to refinancing in the event that they already have loans, but also require an additional amount for personal purposes. In this case, you can order this service and receive money not only to close your existing loans, but also "free" funds.

You can apply to this service if you have temporary financial difficulties, but there are no delays yet. In this situation, you can buy some time, as well as reduce your debt burden by increasing the term of the contract and lowering the interest rate.

Many companies offer a similar service for on-lending or consolidation, you can familiarize yourself with these offers. Important: it is not available to borrowers with damaged CI. In addition, you will not be able to refinance debts from microfinance companies.

You can use the bankruptcy law of an individual... According to its provisions, any citizen of Russia with a debt of 500 thousand or more, as well as a delay of 3 months or more, can apply to the court to declare himself bankrupt.

Depending on the court decision, you can either be given a deferral, or reduce the amount of debt by writing off fines and penalties, or completely close the debt due to the lack of property and official employment. Details can be found in.

When you go to court, don't expect a miracle. If your poor financial situation is documented, then it will still not work to avoid payments completely. The only benefit is that the debt will not grow.

Most likely, there will be a deferred period for payments, but not their cancellation. Debt restructuring with a change in the payment schedule can also be appointed, where the repayment period can be extended in order to reduce the burden on the borrower's budget.

Remember that the bankruptcy procedure is paid, you will need to pay a state fee for going to court, the services of a liquidator, a lawyer, etc. On average, expenses are at least 50,000 rubles.

You still have to pay your debts. Therefore, before you collect a bunch of loans, assess your financial stability correctly, consider other possible repayment methods.

If you want to know how to get a loan without failure? Then follow this link. If you have a bad credit history and the banks refuse you, then you should definitely read this one. If you just want to get a loan on favorable terms, then click here.
If you want to apply for a credit card, then follow this link. Look for other entries on this topic.

Navigating the article:

The population's debt load and the current crisis have led many citizens to find themselves in a difficult financial situation. If earlier credit payments did not hit the wallet much, now payments of monthly payments have become more tangible, and sometimes even unbearable. Citizens are increasingly asking themselves what to do when they have nothing to pay a loan to a bank with.

Before debt formation

The borrower's actions to resolve the issue depend on whether there is a delay or not. Of course, it would be better if the bank's client analyzed the situation in advance and came to the conclusion that he had nothing to pay the loan with. Then, with your problem, you should contact the bank that issued this loan.

Now, when the monthly growth of overdue contracts is observed, banks have become more loyal to borrowers who are in a difficult financial situation and can no longer make monthly payments regularly as before. Various assistance programs are being developed for such borrowers to help them cope with the current situation. Namely:

Not all banks refinance several loan agreements at the same time, but there are still many such institutions. Even Sberbank is ready to cover up to 5 loans of different plans. Since there are several contracts, you will have to act promptly, and you cannot do without visiting each creditor bank. It is necessary to collect a package of documents for each loan and this must be done promptly so that the amounts for early repayment do not have time to change.

As a result, in the new bank, the borrower will receive a new agreement for the amount of all remaining debts in the previous banks. This contract can be concluded for a longer period in order to reduce the amount of the monthly payment. And in general, it will be easier to pay, because there will be one payment. After signing the refinancing agreement, the new bank closes the old loans of the borrower ahead of schedule. Therefore, even if you have a lot of loans and have nothing to pay with, you should not leave everything and hide, but you need to do something.

If there is already a delay

Go to a dialogue with the bank, explain your problem. It is possible that you will also be offered assistance in the form of restructuring or a loan vacation. But fines and penalties still have to be paid. Even if the bank agrees to carry out the restructuring, all penalties will be included in the loan.

Much depends on the borrower himself, on his problem and behavior. The credit policy of the bank also influences. It is better to leave the rudeness right away, to have a normal dialogue. Sometimes banks themselves even offer the debtor assistance in the form of vacations or extension of the payment period. In such a situation, everything is carried out individually, there is no specific action plan.

If you have several expired contracts, then you need to conduct a dialogue with each bank. It's not a fact that it will be possible to resolve the issue in your favor with each bank, but it's worth trying. Otherwise, there is only one thing left - to wait for the banks to go to court. But first you have to endure the onslaught of the security service and the collectors, which can last about six months.

What to do if there is nothing to pay off loans, and banks threaten to sue?

So, banks do not help you cope with the situation, but threaten to sue you. Many borrowers are afraid of this and begin to pay off the debt a little bit. Only this is a senseless action, fines are dripping every day, the amount of debt closer to the court reaches colossal proportions. If you cannot pay all the debt, you do not need to pay off it in installments. In any case, your credit history has already been spoiled, and all payments will fall into a bottomless barrel and the next day due to penalties the amount of debt will be the same.

The trial is not scary. On the contrary, it will become a point in solving the problem. After the meeting, the debt is fixed, there will be no more penalties and fines. In addition, most of the penalties and fines can be written off in court. Now bailiffs will deal with the collection, and they act much more loyal to the collectors.

It is now that steps should be taken towards repayment and at least a little to extinguish the debt. But be prepared for the bailiff to arrest 50% of your salary if you work officially. Then the debt will be gradually extinguished, the bailiffs will not apply any more measures to you. If the work is unofficial, then I can arrest the accounts and all the funds for them. The seizure of property occurs only as a last resort, when, even after the trial, the debtor does not take steps towards paying off the debt to the bank. After the trial, the debtor will really feel better.