Disputes with banks: in which court are they considered? How to behave correctly?

Disputes with banks arise because of the loans that were taken there. Conflicts arise because of incorrect calculations, illegal provisions of contracts, etc. All this directly affects the rights of citizens.

Which court considers the case

If a bank appeals to the court to recover money, then the materials are sent to the place of registration of the debtor. If the claim is sent by the second party, then at the location of the bank or the client's registration. The reason is in the norms of the law "On protection of consumers' rights".

In a world court they apply, when the disputed amount does not exceed 50 thousand rubles. Disputes with banks, estimated above this limit, are considered at the district level.

If it became not immediately known that the case should be considered in the district court, it is terminated and sent to the court.

Now about the arbitration courts. If the agreement was signed after 01.07.2014, disputes with banks in arbitration courts are considered with the consent of the client, which he gave after the appearance of the debt, and not at the time of signing the loan agreement.

The difference between a claim and a court order

The order is issued after the claim of the recoverer by the court on the basis of the materials that were provided to him. The formal difference is that the plaintiff is called the recoverer, and the defendant is the debtor.

The judge, having considered that the material meets the formal requirements, issues an order. Nobody is summoned to the court, additional materials are not provided. The court also does not have the right to demand documents on its own initiative.

The issued order is forwarded to the respondent with a copy of the set of materials submitted to the court. It is interesting that some documents, attached to the order, are opened only to the court. The collectors directly indicate that they are not for the defendant. This is a direct violation of the law and judges often look at him through their fingers.

The defendant, having received the order, has 10 days to appeal. The application shall be submitted to the judge who issued the order. If you miss the deadline, the dispute with the bank is actually over.

Cancellation of court order

Cancel a court order simply - send a timely statement of disagreement with him. Why so simple? It's hard to say, but, nevertheless, it's a fact.

If time was missed for valid reasons, the debtor has the right to restore the time limit for cancellation. The request is stated directly in the application for cancellation of the court order.

By the way, it is not necessary to state all your arguments against the claim for recovery. It is enough to express your disagreement.

The judge will cancel the order, but the plaintiff will then file a suit with the court, and failure to recognize the demands is no longer enough.

What arguments to provide

Banks appeal to the courts with demands for the return of debts. Together with the claim a copy of the contract is provided, the calculation of the debt. The workload of judges leads to a hasty decision making, so it is advisable to appear at the court with ready-made arguments.

In particular, the saved receipts confirming payment of a debt. Some banks try to mislead the court as to how much the client really owes and should at all.

Debt arises sometimes due to difficult life circumstances (illness, loss of work, loss of income, etc.). And the debtor tries to give money to the bank as far as possible. If you attach relevant documents to the case, this will facilitate the dispute with the bank.

The application for reducing the forfeit must be submitted by yourself, preferably through the office in writing. Given this way, it will not be ignored. In addition, it must be done before the court leaves for the advisory room.

In practice, attention is drawn to the obvious tightening of the bank with the appeal to the court. The client is clearly not in a position to extinguish the loan in the previous volumes, in installments refused or the request to this effect was simply ignored.

If the client wants to challenge the legality of the agreement or part of its provisions, a counterclaim is filed, one objection is not enough. A new claim is made before the end of the preliminary meeting, before the commencement of the case on the merits. If you are late, a counterclaim will not even be considered.

Subtleties of mortgages

Under the law "On Mortgage", if the delay is allowed for no more than 3 months and its size is not more than 5% of the price of the object, the court must refuse the suit. Litigations with banks about real estate have their own specifics, affecting a variety of nuances, in particular, foreclosure on mortgaged property.

By law, all mortgage disputes with individuals must pass through the court. There is a separate procedure for selling mortgage property.

How to file an objection

The existing objections are set out on paper and prepared in advance. A copy is delivered to the office in advance.

The approximate scheme:

• The name of the court;
• Name of Judge;
• case number;
• The defendant;
• Claimant.

If there are references, they are attached to the objection and listed in the annex to the objection.

If the objection is based on an incorrect calculation of the debt, the respondent shall attach his own. Judges rarely have mathematical skills. Respondent should be able to explain everything intelligibly.

Disputes with banks on loans are a complex category of cases, and one should prepare for them with the help of a specialist who understands the nuances of credit legislation and judicial practice.