Credit Limit Period: Advice of a lawyer

If the borrower ceases to make payments at some point in the loan, the banking organization starts taking measures to recover the debt in a few months. But she does it only up to a certain point. The limitation period for credit debts expires when the financial institution leaves attempts to return its funds. He continues for three years. This is the amount of time given to the creditor to repay the debt. But from which moment does the countdown begin? And what threatens the borrower with non-payment of loans?

Is the bank able to forgive debts?

The financial situation of a person can suddenly deteriorate. The reasons for this are many: illness, loss of work or other circumstances. In this situation, sensible people tend to limit their spending. But how can a person who managed to conclude one or several loan agreements in more favorable times, and the inability to fulfill obligations make his life unbearable? For borrowers whose financial situation has not improved for several years, a law is stipulated that banks are not allowed to bother him after a certain time after the last deposit of money into a credit account. Can the bank forget about those who owe it?

The fact that the limitation period for credit debts is three years, every borrower knows. However, for some reason even among specialists there is no consensus as to when it is necessary to start the countdown. In addition, almost every judicial institution is in the habit of treating the limitation period for credit indebtedness (Civil Code, Article 196) in its own way.

From which date should you count?

This question is rather controversial. First of all, you need to know that the starting point does not begin from the date of signing the contract with the bank. Many borrowers believe that the limitation period for credit indebtedness should be counted from the date on which the loan was received. And this is the main error. Courts often rely on the condition according to which this period begins to flow from the last transaction, that is, from the day when the borrower paid the monthly payment for the loan for the last time. This position is often based on decisions that are taken by the Supreme Court and the Supreme Arbitration Court of the Russian Federation.

Another opinion

But in our country there are still a lot of judicial institutions expressing disagreement with such an interpretation. Referring to Art. 200 GK, they argue that the limitation period for credit indebtedness should be counted from the date on which the end of the contract of an individual with the bank falls. Therefore, proceeding from such a statement, if the borrower took out a loan for six years, but paid for it ceased after a year after its registration, only in eight years for him the limitation period for credit debts will expire.

Appeal

It should be said that not all courts are guided by this position. And the countdown occurs only in those cases in which we are talking about the debts on loans in cash, because the cards are often indefinite. But in the event that for a person the law on the limitation period for credit debt was the only way out of the situation, and the court took an uncomfortable position for him, you can always count on an appeal.

It is the court that sets the limitation period, but in doing this, it takes into account all the borrower's relations with the bank that took place from the moment the loan agreement was signed. It should be remembered about some of the nuances. If during the period of the loan agreement the debtor applied to the court with a statement on restructuring or with another request, the implementation of which usually helps to alleviate the fate of the person unable to contribute to the account, this fact can stop the statute of limitations. Why is this happening? The fact is that, as a rule, any attempts to negotiate with the bank provide for the deposit of at least a symbolic amount to the credit account. And even if this did not happen, in court even the very fact of applying to a financial institution can be perceived as the last payment from which the countdown begins.

What does not affect the course of the term?

It is worth noting that some of the actions of banks can not in any way affect the determination of the date from which this period counts. Such actions, for example, include the resale of debt to collectors. Despite the articles of the Civil Code mentioned above, it is not easy to determine the date when the limitation period for the loan begins. Advocate's advice, perhaps, is a sure step in resolving this issue. Do not rely on the recommendations of non-professionals, following which can only exacerbate the position of the debtor.

What happens when the statute of limitations on credit debt has expired?

2015 is an economically difficult period for Russia. A few years before the so-called crisis began, banking organizations concluded credit agreements with their clients in large volumes. The requirements for potential borrowers were not high at the same time.

But the unstable economic situation in the country has led to a significant deterioration in the standard of living of most citizens. Unemployment has risen, food prices have risen. For many Russians, the monthly payment for a loan has become an unbearable burden. The recent loyalty of banks towards their clients has resulted in a huge increase in debt on loans. In these conditions, many borrowers hope for the notorious limitation period for credit indebtedness. After the trial, they believe, all debts will be written off, and life can begin with a clean slate. However, such an opinion is a gross mistake.

The expiration of the three-year term, after which the bank ceases to claim its money, only says that the debtor has a reliable argument. On him, under condition of repeated appeal of the creditor in judicial instances, the borrower and can specify. The expiration of the claim term does not deprive the bank of the right to call and remind of obligations. But for such cases, a way of counteraction is provided for the debtor. It is in the application for the recall of personal data.

Debt Sale

After the bank loses hope for a return of its money, life for the debtor is not at all simple. Many financial structures, as you know, prefer to sell debts to collection agencies. Communicate with employees of such organizations is not a pleasant matter. This is known even by those who have never entered into a loan agreement. The illegal actions of these people are often spoken on television, written in newspapers and on news websites.

Collectors can not apply to the courts after the expiry of the claim period, and the only remedy for them is moral pressure on the debtor. A person who has suffered from communication with such employees must immediately contact the police. If there is no response to the application submitted on the basis of illegal actions of the collectors, do not despair. The next step should be an appeal to the prosecutor's office.

Abuse of the rights of the borrower

The client of the bank that draws up the loan is responsible for this. In recent years, non-payments have increased significantly. This is not only the fault of borrowers, but also of banks, and even of the state. However, in some cases, the credit default does not depend entirely on the client of the bank. Such cases include personal circumstances or outright fraud. The borrower is obliged to know that if he takes a loan and initially hopes for the possibility not to pay it, which can be facilitated by the law on the limitation period, he runs the risk of incurring administrative, and even criminal liability. The minimum penalty that threatens the debtor is the recovery of property. But legislation also provides for more stringent measures.

Criminal liability

If the client of the bank took a loan on bail, then he does not face criminal liability. In case of non-payment, everything goes with a hammer. Although here there are indulgences. The bank can not sue the apartment and the debtor in the event that it is the only real estate. Exceptions are cases when fraud is perceived in the actions of the debtor.

To understand whether the borrower was guided by bad thoughts is not so difficult to determine. If, after formalizing the loan, he intentionally disappears, it does not speak in his favor. Depending on the specific situation, the debtor may be sentenced to correctional labor and even imprisoned for up to three years. However, such criminal measures are only applicable if the fact of embezzlement of bank funds has been proved.