An error with a court order affects the seed. Is there a statute of limitations on credit cards? Is there a statute of limitations

It has some peculiarities, it was decided to write separate article, in order to answer all questions here briefly, with references to regulations. All the questions that will be asked here were invented directly by us, so if you have any other questions, feel free to write in the comments. Question 1. What regulations(laws) regulate the limitation period and its period? Where can I read about this? Answer: The most basic thing - Chapter 12 Part 1 of the Civil Code Russian Federation. Articles 195-208 inclusive. The remaining nuances are described in more detail in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 18 of November 15, 2001 and the Resolution Supreme Court Russia No. 15 dated November 12, 2001, entitled “On some issues related to the application of the norms of the Civil Code of the Russian Federation on limitation period"(Hereinafter referred to in the text of the article Resolution) Question 2: What is the statute of limitations for credit cases? Answer: For all contractual relations related to loans, the general statute of limitations applies, which is 3 years and is enshrined in Part 1 of Article 196 of the Civil Code of the Russian Federation. Question 3: If the statute of limitations has expired, does that mean I can't sue the bank and the bank can't sue me? Answer: No, you and the bank can sue at any time, even if the statute of limitations has already passed. The party itself MUST declare the application of the limitation period in court! Otherwise, the trial will continue and the case will be considered on its merits. This is enshrined in Part 2 of Article 199 of the Civil Code of the Russian Federation. Question 4. Can the court itself apply the statute of limitations without me or indicate to me that the statute of limitations has expired? No, he doesn't have the right to do that. The court considers the case on its merits, without providing legal advice or helping either party, otherwise the principle of equality before the court is violated. If a party does not claim the statute of limitations has expired before the decision is made, the decision will be made in the ordinary course. Question 5. Can a bank change the limitation period in an agreement to please itself, for example, by shortening it? Answer: He can write whatever he wants in the contract, but such a clause in court is easily and simply declared invalid, since the statute of limitations and the procedure for calculating it cannot be changed by agreement of the parties (Article 198 of the Civil Code of the Russian Federation) Question 6. Can a third party or a specialist from Rospotrebnadzor declare that the statute of limitations in a case has passed; does such a statement have legal force? Answer: Such a statement has no legal force. As previously noted, only a party must assert that the statute of limitations has passed. The same Resolution added the following in paragraph 4: “By virtue of paragraph 1 of Article 9 of the Civil Code of the Russian Federation, citizens and legal entities, at their own discretion, exercise their civil rights, including the right to declare in court about the expiration of the limitation period. Therefore, courts must keep in mind that a statement about the passage of the limitation period made by a third person, is not a basis for the court to apply a limitation period if the corresponding statement is not made by a party to the dispute. A statement regarding the application of a limitation period made by one of the co-defendants does not apply to other co-defendants, including in cases of joint and several liability (liability)." Question 7. When preparing a case for trial, does the judge have the right to request evidence or ask for an explanation for missing the statute of limitations? Answer: No, such moments contradict paragraph 3 of the Resolution, which clearly states that: “When preparing a case for trial, the judge does not have the right to invite any of the parties to present evidence or give explanations (including in the judge’s ruling on preparing the case for trial) related to the missed statute of limitations.” Question 8. What if, when preparing for a court hearing, I, as a party to the case (plaintiff or defendant), mention that the statute of limitations has passed, what should the judge do then? Answer: If you, as a party to the case, mention in preparation for the court hearing that the statute of limitations has passed, then the judge has the right to request evidence from you that would confirm the fact that the statute of limitations in this case has passed. He has the right to do this only after you yourself mention it. Evidence may be requested so as not to delay or postpone the case to the next meeting (clause 3 of the Resolution). Question 9. Can I verbally declare that the statute of limitations has passed in court, or do I need to write about it in writing, and if so, where can I get a sample? Answer: The law does not provide anywhere for the moment of a written confirmation of a statement about the passage of the limitation period. It would be nice to secure this point, like any other in a court case, in writing, BUT, no one forbids you to do it orally. Based on the rights that you have in accordance with Article 35 of the Code of Civil Procedure of the Russian Federation, your petitions and statements can be either written or oral. This point is very important and very useful for the ordinary citizen, since it does not allow unnecessary bureaucratic issues to influence the essence of the matter. If you have strong arguments and evidence, it doesn’t matter if they are presented in writing or orally. Both have equal force, and both are accepted by the court. Returning to the moment of written confirmation of the passage of the limitation period, usually such a moment is indicated in the response to statement of claim. There is no need to complicate anything and try to find any “correct” document samples. In such things everything is simpler, the main thing is to state the essence and refer to the articles of existing laws or clauses of regulations. Question 10: If I pay my loan every month in set, equal (annuity) payments, can I dispute each payment, and how does the statute of limitations apply to each payment? Answer: Yes, you can challenge each payment, and the statute of limitations in such cases is considered for each payment separately. If some payments have gone beyond the statute of limitations, you should never despair, since the remaining ones can be disputed. This is normatively enshrined in paragraph 10 of the Resolution. Question 11. The director of the collection agency was appointed just a year ago, and now they are citing that the statute of limitations began to run from the date of his appointment? Is this true? Answer: No. The limitation period begins from the moment when a legal entity learned or objectively should have known that its rights were violated. It doesn't matter who was and who became its director. This argument is not even a reason to interrupt the running of the period (paragraph 13 of the Resolution). Question 12. The bank transferred my debt under an assignment agreement, and now the collectors are calling and saying that the statute of limitations begins not from the moment when the bank’s rights were violated, but when they “bought the debt.” Is it so? Answer. No. According to Article 201 of the Civil Code of the Russian Federation quote: “A change of persons in an obligation does not entail a change in the limitation period and the procedure for its calculation.” It is important to understand that as soon as you decide not to deal with the bank out of court and stop paying in FULL (this is an important and necessary condition, all underpayments, everyone just a little bit starts SID, you take away the opportunity from yourself), the statute of limitations began his report for this annuity payment. It doesn’t matter to whom, in the words of collectors and bank employees, your debt was “sold” or transferred, the statute of limitations is not suspended or stopped. This is the problem of a collection agency when “buying a debt” to find out what the period of non-payment is. The larger it is, the lower the cost of the debt for collectors, but the chance that they will not recover anything in court, since the statute of limitations (limitation period) has passed, increases significantly. Question 13. Does a court order interrupt the statute of limitations or not? Answer: Yes, it interrupts the limitation period, this is clearly written in paragraph 3 of paragraph 15 of the Resolution, namely: “Since judicial protection of the creditor’s right to a claim for the recovery of sums of money or for the recovery of movable property from the debtor can be carried out not only in claim proceedings, but also by issuing a court order, which is a simplified procedure for considering cases of this category (Chapter 11.1 of the Code of Civil Procedure of the RSFSR), the filing by a creditor of an application for the issuance of a court order in compliance with the provisions provided for in Articles 125.2 - 125.5 of the Code of Civil Procedure of the RSFSR, interrupts the running of the limitation period, as well as well as filing a statement of claim in accordance with the established procedure for the above requirements." You should not pay attention to the Code of Civil Procedure of the RSFSR, the essence has not changed, it’s just that the Resolution itself was adopted long before the adoption of the Code of Civil Procedure of the Russian Federation, but the essence of the court order as an interrupting LED remained. Question 14. I know that there are a number of points that suspend the limitation period, and there are also a number of circumstances that can restore the limitation period. Do they apply to a legal entity? Answer. Restoring the statute of limitations for a legal entity is not provided for; this is indicated in another earlier Resolution of the Plenums of the Supreme Arbitration Court and the Supreme Court of the Russian Federation dated February 28, 1995 No. 2/1. The last paragraph says: “Courts should keep in mind that the limitation period missed by a legal entity, as well as a citizen-entrepreneur on claims related to the implementation of entrepreneurial activity, cannot be restored, regardless of the reasons for its omission." For an ordinary citizen, as you rightly noted, there are circumstances that suspend the running of the limitation period (Article 202 of the Civil Code of the Russian Federation), and there is also an opportunity, according to Article 205 of the Civil Code of the Russian Federation, to restore the limitation period, which can be taken advantage of, because an attempt is not torture. If the court considers that the circumstances were disrespectful, then when the bank applies for the application of the statute of limitations, only those payments that are 3 years or less will be considered. Question 15. Do SIDs interrupt letters from the bank, both registered and ordinary, regarding debt? Answer. No, they don't interrupt. What they send you is irrelevant in terms of the statute of limitations. Only your actions matter. If you send letters, then there may be problems in court, because if the bank’s lawyers are not completely stupid, and the work is coordinated, then they will at least try to justify in court that you sent them letters, and therefore interrupted the IDS. Question 16. If I have three loans (consumer, card, car loan) in one bank, how is the limitation period calculated, one for all, or for each separately? Answer. It doesn't matter how many loans you have. It doesn’t matter what they are: car loan, mortgage, consumer, card. It doesn’t matter if they are in the same bank or in different ones. For each loan, its own INDIVIDUAL ID is calculated, since the date of the first payment, as well as the date of the last payment on the loan, is individual. Moreover, it is important to understand that the SID is calculated not only for each loan, but also individually for each payment on it!!! As soon as on the day when you were supposed to make the next payment, you did not do so, the SID period of three years begins from the next day. After three years, if the bank did not sue you, or there was no court order, then this payment can no longer be recovered by court, but ONLY if you indicate to the court that the LED for it has expired. The same goes for each subsequent payment. From the date of its payment, if you have not paid, the SID begins.

When it comes to malicious non-payment of a loan or return of funds to a credit card, you can very often hear such a term as the statute of limitations. This term fixed at the legislative level and lasts three years. But there is one still insoluble problem: today there is no unity on what time to count from.

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Lawyers and banks interpret legislative norm in different ways and, as a result, court decisions make opposite decisions in almost identical situations.

But it is important to remember that most experts are inclined to believe that the statute of limitations is 3 years from the date of the last payment, that is, not from the date of receipt of funds or the end date of the loan.

Conditions for receiving and issuing a card

Today, only Russian citizens who have reached the age of majority and have a job are offered credit cards by banks. To conclude an agreement, the client writes an application and provides a passport with proof of income.

Usually this package is enough to check solvency and set a limit on the card.

On their own initiative, banks can revise the limit upward. But this is only possible if you actively use the credit card and timely return the funds to it.

In case of malicious failure to fulfill obligations on the part of the client, the bank applies various sanctions, including going to court or selling the debt to collectors.

Statute of limitations on a credit card - judicial practice

The statute of limitations for credit cards is 3 years from the last payment. It is important to understand here that the reporting period does not start from the date of receipt of the card or the first spend on it.

Most court decisions take this point of view: the reporting date is the date of the last payment.

But other solutions can be found in the courts of first instance. It is easy to explain this by reading Art. 200 Civil Code of the Russian Federation.

It is this article that says that the statute of limitations for loan obligations begins from the end of the contract. But this position is less common.

After all, with credit cards their validity period is not limited by the banking service agreement. Therefore, even if such a decision is received, you can safely file an appeal.

Russian Standard Bank

Quite often, Russian Standard Bank does not wait for the statute of limitations on debt to expire, but transfers information to collectors or goes to court.

Of course, it is better for the client not to allow this to happen and, in case of financial difficulties, to ask the bank to restructure the debt.

Bank credit cards are issued under the following conditions:

Bank of Moscow

Like any other credit institution, BM tries to find a compromise with the debtor.

If it is still not possible to reach an agreement with the client, the bank takes more stringent measures, namely: reduces the limit on the card, temporarily blocks it, charges a penalty, goes to court to collect the debt, or sells the debt to a collector.

Therefore, before applying for a credit card and spending on it, carefully study the conditions and compare possible expenses borrowed money with your financial capabilities, which will allow you to avoid a debt trap in the future.

Home Credit Bank

The bank applies fairly strict sanctions to its debtors. In addition to late fees, the creditor often assigns the right to collect the debt to collection agencies.

To avoid this even in case of temporary insolvency, we recommend that you immediately contact the bank with a request for debt restructuring, refinancing, deferment of payment, etc.

Bank credit card conditions are attractive:

Is there a statute of limitations?

Many borrowers faced with this situation have a question: does the creditor attempt to collect the debt after the statute of limitations has expired?

Many citizens have the impression that as soon as the period expires, all attempts to return their funds, as well as accrued interest and fines, from the bank stop. Actually this is not true.

Current legislation states that the creditor can demand repayment of the debt for as long as he wants. But such an argument as the expired statute of limitations becomes weighty in court.

It is also worth remembering that the debt may be sold to a collection agency. In this case, the statute of limitations will not play a special role. Since such a creditor tries to repay the debt by any means.

How to count?

Is there a statute of limitations on a credit card and how to calculate it correctly. Lawyers agree that calculations should be made from the date of the last payment. The limitation period itself is 3 years.

But it is worth remembering that the following actions can return the countdown to zero:

• a statement written by the borrower in which he asks to restructure or refinance the debt;
• at the request of the client, the bank provides preferential holidays;
• depositing funds to the card in any amount;

• a telephone call and conversation with a creditor that was recorded;

• confirmation by the client of receipt of the notification from the bank.

The bank will also be able to challenge the statute of limitations if communication with the borrower is confirmed.

This is possible when the client appears at the bank office (even if the question was not related to the credit card), the conversation is recorded, etc.

Requirements for borrowers

In Russia, only a citizen of the Russian Federation can get a credit card. Further requirements depend on the bank that provides such a service.

The basic conditions for receiving a card are:

• permanent registration in the region where the bank operates, with the exception of Sberbank: they offer cards even to citizens with temporary registration;
• age restrictions – 18(25) – 55(70) years;
• constant source of income;
• Availability of mobile, home and work telephones.

Documentation

Credit cards are issued in banks using a minimum package of documents. Usually the client is asked for two documents confirming his identity.

Mandatory - passport of a citizen of the Russian Federation. If the borrower does not receive wages at the bank, he brings a certificate of income.

In many credit institutions, the certificate can be replaced with another document: a foreign passport, which has a stamp confirming travel abroad, a vehicle registration certificate, etc.

How is debt repayment done?

To ensure that the creditor does not have questions for the client regarding late or incomplete payment of the debt, he must repay the loan on time.

By credit card There is a minimum payment within 5-10% of total expenses. If the client expresses a desire, he can repay the debt ahead of schedule.

You can pay off the loan:

• from any bank card;
• Bank transaction;
• from an electronic wallet (Yandex.Money, Qiwi);
• at the terminal, ATM.

Statute of limitations credit debt Good afternoon

The situation in which one of my good friends found himself is not an isolated case, so I am bringing it to the general court.

After the death of his unlucky wife, who managed to take out loans but had no intention of paying for them, collectors began to bother him. They demanded that she pay her debt, although about five years had already passed.

I, as a knowledgeable person, suggested that this is, in principle, illegal, since the statute of limitations on the debt has expired. To prevent you from finding yourself in a similar situation, I recommend that you read the following information for consideration.

Credit debt problems between the bank and the debtor very often drag on for years. The debtor can sometimes use this period in order not to repay the loan in full. legally. In the Civil Code of the Russian Federation there is such a thing as a limitation period.

Limitation period for a loan The limitation period is the period for protecting the right under a claim of a person whose right has been violated.

That is, the lender can demand repayment of the debt from the borrower or go to court to collect the debt on the loan only during the period determined by the limitation period.

The statute of limitations period has a certain time limit. But do not forget that the creditor can find many opportunities to extend the statute of limitations, so it is important for the debtor to have a legal understanding of how to wait until the statute of limitations expires in order to legally avoid paying the loan.

The statute of limitations usually lasts three years, but in order for this period not to be extended, it is necessary to have certain knowledge.

Warning!

Borrowers who abuse their rights and deliberately use the statute of limitations to fail to repay a loan very often face suppression of their actions and are held accountable under the law.

However, there are cases when the debtor really does not have the ability to pay the loan, although he would be glad to repay all debts, then the statute of limitations may be the only salvation, but you need to find out a little more about this.

Calculation of the limitation period for a loan. What is important to know.

1. The statute of limitations does NOT start from the very moment the loan agreement was signed.
2. The limitation period is renewed if period of three years, you have officially communicated with representatives of the bank or collection agency about your loan debt.
3. The limitation period does not begin or end upon the expiration of the loan payment term under the agreement.
4. The statute of limitations cannot continue indefinitely, no matter how much collectors or bank employees try to convince you of this.
5. The statute of limitations begins from the moment the last loan payment was made. What does it mean? If you last time paid off the loan 2-3 months ago, and after that there were no payments on your part, then the countdown begins.
6. If the debtor does not repay the loan within 90 days, the bank may demand early payment from the debtor after this period. Then the statute of limitations will begin from this moment, and not from the moment of the last payment on the loan.
7. If, before the expected expiration of the limitation period, communication takes place between the debtor and the creditor, or the signing of a document or notice in relation to the credit debt, then the limitation period is renewed.

Attention!

Conclusion: if the debtor is unable to repay the loan and is trying to avoid paying it legally, waiting for the statute of limitations to expire, then such a debtor should be very careful: avoid meetings and conversations about the loan debt with any representatives of the bank, and do not respond to phone calls, do not sign any notifications, do not receive registered letters from the bank or from collectors.

How should a debtor behave if the statute of limitations has already expired? It often happens that the statute of limitations on a loan has already expired, and bank employees or collectors continue to demand that the debtor repay the debt. It is important to know that these actions are illegal.

Bank employees do this in the hope that the debtor is unaware of his legal rights and will pay the debt, under the influence of intimidation.

Banks are often involved in this process collection agencies who know how to exert moral pressure in order to force the debtor to return the entire amount, despite the fact that the statute of limitations has long expired.

Practice shows that most debtors pay off the debt after this period, when they have every right not to pay the debt.

What should a debtor do if the statute of limitations has expired, but collectors or bank employees continue to demand repayment of the debt or do not allow the person to live in peace? You just need to write a statement to the prosecutor's office about extortion. As a rule, after such a statement, all claims against the debtor are terminated.

Now you know what the statute of limitations on a loan is, how you can not pay the loan legally using this knowledge, and what to do if the statute of limitations has expired, but they continue to demand money. However, if it is possible to repay the debt, then it is better to do so; you should not abuse your rights and forget about your responsibilities.

Warning!

Use the statute of limitations to your advantage only in extreme cases, when circumstances have developed in such a way that it is simply impossible to solve the problem in any other way.

source: spasfinans.ru

Limitation period for a loan

Any loan obligation to a bank has its own specific validity period. In the event that the borrower stops regularly making payments on the loan, the financial institution begins to issue demands for repayment of the debt, using various methods.

As a rule, the last resort is judicial proceedings. But here it is necessary to note one nuance - only those debts for which the statute of limitations has not expired are subject to return through the court.

In other words, there is a certain period of time during which the creditor in court has every right to demand repayment of the debt.

Quite often, the majority of unscrupulous borrowers, knowing this feature, do everything possible to “stretch” time and avoid paying the loan in full. Sometimes this can happen during the reorganization of a banking institution, its bankruptcy, or the merger of the bank with other larger companies.

It should be immediately noted that the fact that a bank is “closed” from the financial market does not mean that all obligations under loan agreements will automatically be written off. In such situations, the institution’s loan portfolios are bought by other banks and they will “knock out” all the debt, so it will not be possible to avoid paying the loan.

If you try to somehow avoid paying the debt, this may have a negative impact on the borrower in the future:

1. bad credit history
2. damaged business reputation and nerves
3. various legal proceedings with possible criminal convictions
4. sale of property

But anything can happen! No person is immune from ending up in a situation where the financial situation in his life is very unstable. Therefore, he may delay repayment of the loan for years. Debt is growing, and already difficult life situation aggravate calls from collectors.

Advice!

If we begin to consider the concept of “loan statute of limitations” from the point of view of legislation, then it represents the period during which the lender has the legal right to demand repayment of the loan from the borrower using a lawsuit.

Therefore it is very important to know legislative framework if the borrower has full information about procedures and laws, he can simply delay time and wait for the period when the claim will not be valid. Often the statute of limitations is considered one of the ways to avoid repaying a loan.

On this moment The statute of limitations is three years. At the same time, this time period is characterized by its own nuances, without knowing them you can easily end up in court.

What is threatened by law The legislation provides for punishment of borrowers who abuse their rights and deliberately delay repayment of debt until the statute of limitations expires. If a situation really arises in which it is impossible to pay the loan, then it must be resolved in other ways that do not contradict the law.

The law provides for such a concept so that the bank defines specific deadlines within which it can declare a violation of rights and demand that the debtor fulfill its obligations. Typically, the total period is limited to three years. And special terms do not apply to loan agreements.

Attention!

Theoretically, it looks as if the debtor has every right not to pay anything for three years, and then declare with impunity that all the deadlines have passed and, accordingly, he owes nothing.

This is almost true, but not quite. For such a situation to truly be legal and legitimate, it is necessary that some other factors be present.

How to calculate the term

Firstly, it is necessary to understand from what moment these saving three years can be counted. A common mistake is to start counting from the moment the deadline expires. loan agreement. This is not true. The bank has its own “safety cushion” in such situations.

It is possible that the loan agreement describes a corresponding clause under which the bank has every right to demand payment of the entire amount of the debt if it is determined that the debtor does not fulfill its obligations. The moment when the creditor learned about the termination of payments and exercised his legal right is the starting point for counting three years.

In this case, everything ends well for the debtor. This perfect option. But such a resolution of the problem is only possible if during these three years the borrower has not made any attempts to renew or extend the contractual relationship with the creditor and the bank itself has not done anything to collect the debt from the defaulter.

Warning!

In fact, this option is far from reality and is more like a fairy tale. No bank will forgive a debt so simply out of the kindness of its heart. In reality the situation is much more complicated.

Firstly, the bank can resort to the services of collectors. Secondly, sue. In both the first and second cases, the limitation period is reset to zero, and the countdown begins from the moment of filing a complaint or contacting a collection agency.

And it doesn’t matter what action the bank took to force the defaulter to repay the debt. Every stage is taken into account, even the work of the bailiff. The bank did not contact the bailiffs and did not file performance list for these three years – great.

He does not need the debt, and after three years the life of the debtor becomes wonderful. But in reality, the bank will repeat this action ad infinitum, without crossing the three-year mark. And then the statute of limitations for the loan claim will never end.

The most important thing is to remember that only if three conditions are met, the debtor, completely legally, may not make payments on the loan, relying on the statute of limitations of the claim.

• Firstly, he should not take any action to solve the problems arising from the debt to the bank for three years.
• Secondly, the bank itself must be passive and do nothing to repay the debt.
• Thirdly, if the creditor applies to the court for help after three years, the borrower has the right to file a petition so that the consequences provided for by the expiration of the statute of limitations on the loan claim are taken into account. Then the court will not count the deadlines, but will take into account the request of one of the parties.

The conditions are almost impossible, but there is always room for a miracle. There is always a possibility that something like this complex issue may be decided in favor of the debtor.

Typical errors that occur in calculating the limitation period

1. The limitation period does not begin from the moment the loan agreement is drawn up and signed
2. The claim will not expire if the borrower has formally communicated with the financial institution regarding debt issues for three years.
3. The limitation period cannot be infinite
4. The claim period does not begin or end after the expiration of the deadlines allocated for repayment of the loan debt.

Exists specific scheme calculation of the limitation period:

• The limitation period comes into force from the moment of the last paid payment on the loan. In a word, if the borrower last repaid the loan 2-3 months ago, after which he completely failed to fulfill his obligations, then the countdown begins.
• In the event that the client has not paid the debt at all for 90 days, the lender will begin to carry out a comprehensive check of the borrower and may impose early collection on him. And only then will the limitation period begin to apply.
• When, before the onset of the claim period, the lender and the borrower had an agreement with the signing of the relevant documents or notices.

Therefore, if a bank client wants to avoid full or partial payment of the loan, then it is best to try not to communicate at all with the bank where the loan agreement was drawn up, not to respond to notifications, registered letters and calls.

Attention!

Very often you may encounter such a problem as the statute of limitations has already passed, but the borrower continues to demand a refund. It should be immediately noted that such actions of financial institutions are completely illegal.

Sometimes a lender may not timely identify the existence of an overdue debt, relying on the borrower’s fear of repaying it. If this happens, then the first thing you need to do is contact a professional lawyer and get quality advice, and then make decisions.

Of course, the borrower can be summoned to court. But there is no need to despair right away. A counter-action may be the filing of a petition indicating the expiration date of the limitation period.

It will be much more difficult to resolve the current situation if, in addition to the bank, collectors begin their work. Moreover, the methods they use to collect debts are not always legal and correct. Therefore, if you had to face threats from debt collectors, you need to follow the following advice:

• Contact a lawyer for help
• Write a statement to the police and prosecutor's office

It is always necessary to remember that each borrower, in addition to obligations to the bank, also has its own rights that can be legally defended. One of the rights is the possibility of using the statute of limitations, but there is no need to abuse this.

Advice!

Failure to repay a loan can only be a last resort, and if taken, the borrower may face illegal pressure from debt collectors.

It is best to try to solve financial problems in delicate ways. Sometimes there are situations when the borrower has completely repaid the loan debt, but creditors still sue him.

This usually happens by technical problems when payments are not made. Then you cannot do without the help of a qualified lawyer.

source: finexpert24.com

What happens if the statute of limitations on the loan has expired? What is the statute of limitations on loan obligations?

When exactly does the moment come when a banking institution or collection agency no longer has any right to make claims against its debtor?

For these and many others current issues related to loan repayment, this article tries to answer.

It should be noted that no one is interested in why you cannot fulfill your loan obligations or repay your loan debt.

Remember that neither banking institutions nor collection agencies, which exist for the sole purpose of recovering from the debtor the amount of the debt, as well as interest on it, are interested in why you cannot pay your debt. The methods used by agency employees may be legal, but sometimes not so much.

For example, in your opinion, you have not paid off your loan debt for a long time and have already forgotten about it. Calls from the collection agency begin, demanding payment of the debt. Demands, threats, pressure on the psyche begin. Unfortunately, many people begin to panic.

In this case, it would be useful to remember such a concept as the statute of limitations on loans.

Warning!

By law: according to Article 196 of the Civil Code of the Russian Federation, the period after which no one has the legal right to demand that you fulfill your loan obligations is three years.

Here the question arises: when do these three years begin? According to the law, this date is considered the moment when the borrower stops paying the loan, that is, a violation of the loan agreement, and takes the position of so-called ignoring.

Therefore, if for 3 years the bank or collection agency has not entered into any contact with you, then we can say for sure that the statute of limitations on the loan has expired. It should be noted here that the phrase “no contact” means the following:

1. cannot be accepted as evidence in court phone conversation with representatives of a banking institution: it is impossible to prove that this conversation took place with you, it is impossible to prove that this conversation actually existed
2. A receipt for receipt of a letter from the bank notifying of overdue payments is not an acknowledgment of debt.
3. Nor is your personal presence at a banking institution during this period without completing the procedure of signing any documents a basis for invalidating the statute of limitations.

Thus, you can recognize yourself as a debtor only by personally signing any bank documents confirming the payment of the debt within three years. However, this should not be taken as a guide to action. You must always repay a loan taken from a bank. Of course, there are completely different situations in life, but you can’t let everything take its course.

How to behave in a situation if collectors start pestering you with calls demanding money

If the matter comes to trial Perhaps the statute of limitations on your credit obligations has long expired, and collectors are threatening you in all possible ways - what to do in this case?

• First of all, don't panic. Of course, your condition is quite understandable, because you are being threatened strangers, and not only for you, but also for your family. Remember that this behavior is designed to intimidate you, take you by surprise and press on your weakest points.
• It is necessary to explain to the collectors in an accessible and clear manner, and most importantly politely, that all the terms on the loan obligations have already expired, that you are not going to pay, since this has no basis.

If the calls continue (it should be noted that collectors are very persistent people), you can threaten them with court or police - this helps in most recorded cases. The main thing is to be confident that you are right. Since collectors often act on the border with the law, and sometimes beyond the border, you can safely contact the police with a statement.

If the case does come to trial, what should you do in this case?

For example, you received a statement of claim or a subpoena. You are accused of non-fulfillment of loan obligations.

If three years have passed since you stopped paying the debt, then you must draw up a response court statement indicating that the statute of limitations has already passed.

Remember that no one will accept the fact that the statute of limitations has expired without a written statement from you personally. It is necessary to obtain all documents, loan agreement, payment receipts and contact a lawyer.

Of course, it costs money, but you will win much more. Remember that only a professional lawyer can make a competent application to the court, with mandatory references to articles. This service usually costs 3 thousand rubles.

So, don't go to extremes. Pay your loan on time and avoid late payments.

source: www.mosbankirs.ru

Can they be held liable if the statute of limitations on the loan has expired?

If you are interested in the statute of limitations on loans (hereinafter referred to as LTD), then 99 percent of you are a debtor of one or another bank and are afraid of prosecution. When does the LED take its reference point?

Can a bank or collectors demand repayment of a debt from a debtor if the statute of limitations on the loan has expired? We will try to give answers to these and a couple of other pressing questions.

• The statute of limitations on the loan is three years.
• It begins to operate from the moment of your last loan payment and is calculated separately for each overdue payment.
• If the bank has collected the debt ahead of schedule, then the countdown begins from that moment.

What does the law say?

Article 196. General limitation period.

It is three years.

Article 199. Application of the limitation period.

The claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the SIA.

What you need to know first. Answers to frequently asked questions

If you are being pestered by collectors We have already written in detail what collection agencies are, how to deal with them, and whether their actions have a legal basis.

The main thing is not to panic! Most effective way- this is an attack: record telephone threats, send debt collectors to court.

In case of direct threats against you and your loved ones, write a statement to the police.

Understand that these people are not interested in excuses about the statute of limitations having expired.

They need to get the debt out of you by any means, preferably with interest. You can and should prove anything only in court!

If the case goes to court

Immediately write a statement about the expiration of the LED. However, remember that if the statute of limitations is missed due to good reasons, it can be restored again through the court.

Attention!

Article 205 Civil Code RF: serious illness, helpless state etc. Although this article applies more to private lenders rather than to banks.

Statute of limitations on writ of execution

Also three years.

That is, if the court decision was made without your participation, but bailiffs somehow did not reach you during this time, then YOU ARE LUCKY and the enforcement proceedings are closed.

The moral of this story is: don't take things to extremes. Pay on time! Otherwise, in the end, you risk finding out what is more expensive: money or time and nerves?.. I’m afraid the answer to this question will be a revelation for many.

The statute of limitations is one of the aspects that often appears in court proceedings regarding the client’s outstanding debt to the bank. No financial institution has the right to demand that its borrower repay the debt after the expiration of the period specified by Russian civil legislation. However, this point has many hidden nuances that it is advisable for both parties to the loan transaction to know.

What is the statute of limitations for a loan?

In legal practice, the statute of limitations for a loan is the period of time within which the bank can present its claims to the borrower or even file a lawsuit against him. This period is not endless, but there are some hidden nuances in its establishment, in particular:

• IN general view LED lasts exactly three years;
• The starting date of the term is considered to be the moment of the last interaction between the borrower and the servicing financial institution, for example, the time of the last current payment;
• If the client stopped making regular payments on the loan, but at the same time visited the bank in order to refinance his debt or restructure it, then the period for submitting claims by the creditor begins to count from the time of the last contact with the creditor.

Thus, the statute of limitations has no connection with the date of signing or termination of the loan agreement. In addition, it does not occur automatically. The borrower will have to prepare documents for the court that will prove the absence of any contacts with the servicing bank for a period of more than three years.

What should be taken into account when calculating the statute of limitations?

In order for the statute of limitations to expire exactly 3 years after the last payment was made, the customer will have to stop all contact with the bank, since any of them will reset the SID. Telephone contacts and replies to registered letters begin counting the deadline anew. It is important to consider the following:

• Typically, if no current payments are received from the borrower within 90 days, the bank issues a preliminary foreclosure notice. If this paper was sent to the client, then from that moment the period of filing legal claims for his loan will begin;
• If there are only a few days left before the expiration of the SID, and the borrower met with bank representatives, spoke with them on the phone, or signed some papers relating to the loan, then the period will begin again.

However, it should be remembered that, despite all contacts with the servicing bank, renewable LID cannot exceed 10 years. In this light all assurances bank commission or the collectors attracted by it () that the outstanding loan will remain with the debtor forever are unfounded.

What happens after the statute of limitations has expired?

According to the norms of the civil legislation of the Russian Federation, if the SID has nevertheless expired, then the borrower’s obligation to repay the debt is considered invalid, and any subsequent claims by the creditor are considered illegal.

At the same time, it is not uncommon for 10 or 20 years to pass and the bank goes to court to collect a debt from its client. The latter should not panic in this situation. All he has to do is show up court hearing and take with you a notarized statement about the end of the loan repayment period. If he does not do this, then the court may decide the case in favor of the bank.

Even if only three years have passed, but during this period there have been no bilateral contacts between the lender and the borrower, the court will recognize the bank’s claims as unfounded.

Once the SID has expired, the borrower can be confident that:

Any borrower who is unable to repay his loan should remember that the loan agreement specifies not only his obligations, but also his rights. One of them is the right to be released from an outstanding debt after the statute of limitations on the loan expires. In this case, the main thing is to be able to correctly calculate the period during which the financial institution and the collectors acting on its behalf have the right to present their claims.

Very often I am asked about the statute of limitations. Does it apply to credit debt, how to calculate it correctly, etc. Read the article carefully and figure it out; if you have any questions, write to groups on social networks.

The most common questions

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

1. What is a statute of limitations? This is the period during which a person whose right has been violated can take measures to protect his right in court.
2. Will the court accept the claim if the plaintiff (the bank) missed the statute of limitations - yes, it will.
3. If the plaintiff (bank) filed a claim after the expiration of the period of validity, will the court automatically refuse to satisfy the claims? – no, in order for the court to refuse the bank, the defendant (debtor) must declare in writing or orally that the bank has missed the ID. The court does not have the right to independently apply the consequences of missing an ID without the defendant’s application to this effect; moreover, this will be a reason to cancel such a decision as illegal.
4. How much is LED? - By general rule 3 years, for separate category disputes, the period may be different (for reinstatement at work - 1 month, recovery of wages - 3 months, etc.). For credit disputes, in most cases the duration of the period is 3 years.
5. From what moment does the LED report, the end of the LED? – the period begins to run from the moment when the person (bank) learned or should have learned about the violation of his right (debt) or when the person (debtor) takes actions recognizing the right of the creditor (bank).
6. Each time a person performs actions that confirm his agreement with the debt, the SID is renewed anew.

Example No. 1

Ivanova took out a loan in 2003 for 1 year (until January 1, 2004, the last payment was due on December 31, 2003).

In 2009, the bank went to court. Ivanova, referring to the SID, asked to refuse the claim. The court refused the bank. Since the loan was taken out before January 1, 2004, the payment should have been made on December 31, 2003 + 3 years, the LID ended on December 31, 2006.

Example No. 2

Ivanova took out a loan in 2003 for 1 year (until January 1, 2004, the last payment was due on December 31, 2003). In 2009, the bank went to court. In 2008, Ivanova asked the bank in writing to restructure her debt.

In 2009, the bank went to court. Ivanova, referring to the SID, asked to refuse the claim. The court satisfied the bank's demands, since in 2008 Ivanova acknowledged the debt in her letter.

Example No. 3

Ivanova took out a loan in 2003 for 1 year (until January 1, 2004, the last payment was due on December 31, 2003). In 2009, the bank went to court. In 2008, Ivanova paid 100 rubles as loan payment.

In 2009, the bank went to court. Ivanova, referring to the SID, asked to refuse the claim. The court satisfied the bank's demands, since in 2008 Ivanova made a payment on the loan.

Example No. 4

Ivanova took out a loan in 2003 for 1 year (until January 1, 2004, the last payment was due on December 31, 2003). In August 2006, the bank went to court. Ivanova, referring to the SID, asked to refuse the claim. The court partially satisfied the bank's claims, recognizing the debt only for payments for the period from September to December 2003. Why? Because, by virtue of the Plenum of the Supreme Council, SID is calculated for each monthly payment separately.

Payment schedule under the agreement:

Questions

Does an application for a writ interrupt/issuance of a writ? No, because the law does not currently link this event to an LED interruption.

Can the LED be restored? Yes, by good reason(foreign business trip, coma/illness, expedition). For legal entities, that is, banks are an unrealistic event.
If the SID on the principal debt has passed, but the bank continues to charge penalties,%, how is the SID considered for them? If the SID for the principal debt has passed, then the additional requirements, no matter how much they are accrued, have also passed the SID.

Example: Ivanova took out a loan in 2003 for 1 year (until January 1, 2004, the last payment was due on December 31, 2003). The bank continued to accrue penalties. In 2010, the bank went to court.

Ivanova, referring to the SID, asked to refuse the claim. The court rejected the claim, since in 2006 a preliminary investigation was carried out on the principal debt, and the penalties accrued at the time of filing the claim in court in 2010 were also subject to an investigation.

Does verbal communication with the bank/collector interrupt the IDS, is this considered an acknowledgment of the debt? There is not a single practice where 1. Evidence on this dispute was presented in the form of an audio recording of a conversation. 2. A phonoscopic examination was carried out. 3. The case was won on these grounds.

What is the SID for demand loans without a payment schedule and monthly installments (credit cards with a limit without minimum payments)? In this case, the LID begins from the moment the creditor issues a demand for repayment of the debt (at least after 20 years).