By signing a loan agreement, you undertake to comply with all its clauses. This means that they must comply with the schedule of payments attached to it and deposit money into the account before the indicated dates. If the borrower ceases to comply with the terms of the contract, the bank will apply penalties and fines to it. According to the Law on Consumer Lending, the maximum allowable penalty is 0.1% of the amount of overdue debt per day. If the customer continues to make delays, the bank begins the process of recovery.
When does a bank start collecting credit debt?
In theory, calls will start almost immediately, already three days later the debtor will call and be interested in the reason for the delay, ask when the delay will be closed, they will surely tell you about the accrued fines, But this is still not a collection process, it is just regular calls without pressure.
In banks, a contract is recognized as a problem under which there is no movement of funds within 90 days. It is after this time that the actual process of debt collection under the loan agreement begins, and a disappointing record of overdue more than 90 days is made in the credit history of the borrower . Up to this point, the borrower talks only with bank employees by phone, and after that other actions from the bank appear.
Bank security service
This service may be referred to as a collection department. Now the bank will take up this process more thoroughly. Employees of specialized departments are usually representative men in jackets and ties. They have received special training, often being former law enforcement officers. In fact, these are the same collectors, they only work for the bank.
Now calls can be made more often, conversations will be tougher, but there will be no direct threats, because the collection service operates within the framework of the law and cannot persuade anything to the debtor. The debtor may be invited to the conversation in the bank to settle the issue on a voluntary basis.
In general, at this stage, the debtor may offer to restructure the credit debt, or even forgive some of the accrued interest. You can also expect the visit of a representative of the bank at the place of registration and residence of the debtor. A conversation is also held here, the debtor is informed about the amount of the debt, and further actions to close the debt are discussed.
Collectors get down to business
Now the life of the debtor can change drastically, because collection agencies will not be particularly ceremonious. Their employees receive a salary that is proportional to the loan debt they have collected, so they will do their utmost to make you repay the debt.
Actions of collectors against the debtor:
– regular calls (by law it is forbidden to call at night and evening);
– departure to the house to the debtor;
– calls to the relatives of the debtor, as well as to the contact persons indicated in the loan application form;
– calls to work number;
– sending letters, notices.
But these are, in fact, superficial actions that are allowed by the law, but the methods of influence of collection agencies on debtors are much more sophisticated, because these services are specific, in many cases the law is not alien to them, therefore the debtor should be prepared for the following methods of psychological influence:
– calls to the number of the immediate supervisor (the work environment will be tense);
– regular calls of a relative of elderly age (and we all know how they relate to debts);
– Talk with the debtor’s neighbors (humiliation in the eyes of others);
– threats, but they will not be direct, will be indirect. For example, the debtor may be asked if his wife is afraid to return late from work. It seems nothing but scary;
– damage to the front door. They can write it up, pour glue into the keyhole;
– Defamatory inscriptions such as “Sidorov is a rat, return the debt” may appear on the house or at the entrance of the apartment of the debtor;
– putting up discrediting leaflets around the house.
In general, life does not seem sweet. Of course, not all collectors apply actions that go beyond the law, but the creditor’s appeal to black collectors cannot be ruled out. Most often microfinance organizations cooperate with them, while large banks try to take care of their reputation and prefer to work with agencies that act only by legal means. But if the bank sold the debt to collectors, then nobody will stand on ceremony.
We recommend reading more on our website about how to protect yourself from collection agencies Sherlock Holmes.ru/sposoby-zashhity-ot-kollektorskix-agentstv .
Interaction with collectors can last a long time – 3-6 months or even longer. The debtor will try by all means to force them to pay the loan debt in parts, but this is generally meaningless. At this point, due to fines, the amount required for refund may increase significantly. If the debtor begins to partially pay off the debt, the recovery process will increase even more. Collectors will squeeze everything out of the debtor, but they will not go to court to get as many fines as possible. And the gradual repayment of the amount of debt will not change, it will still grow daily.
Debt recovery through court
If the claimant understands that everything, no methods on the debtor do not work, to pay voluntarily he refuses, then it is time to file a claim in court. If the bank has sold debt to collectors, then they will sue. If it was just an agency agreement, the creditor itself will be the plaintiff.
Debt recovery in court
To begin with, the debtor will be sent a request for a full repayment of the debt, then a paper will arrive, indicating that the bank is filing a lawsuit. Suppose it is a warning that if within 10 days a citizen does not repay the debt in full, the creditor will go to court. And only after this period the bank applies to the appropriate authority. Within 3 months, the bank will try to return the debtor loyally to the payment schedule, then the collectors will be in debt for about half a year. It turns out that if you just take and not pay the loan, the court will be only after 9-12 months, and sometimes you can wait longer.
The statement of claim to the court for the recovery of credit debt is considered quickly. Previously, the debtor-respondent will be notified of the place of the process, of its time and date. He may not be on the process, anyway, the decision will be made in favor of the bank. Representatives of the plaintiff also rarely attend such events, so the court process most often takes place in the absence of both parties.
According to the outcome of the consideration of the claim, a decision will be made, the amount that must be returned to the borrower will be determined. To the delight of the debtor, most of the fines can be charged, and sometimes all of them. Now the debt will be fixed and transferred to the work of the bailiffs.
How do bailiffs collect loan debts?
All actions of bailiffs are regulated by law, beyond which they never go.
Debt collection by bailiffs
The legislation defines the main points of the debt collection procedure on the court decision:
Step number 1 . Overlay on recovery of the part of the salary received by the debtor. To do this, the bailiff sends a request to the tax to find out exactly where the debtor is employed. Now, a writ of execution is sent to the address of the place of work, according to which 50% of the salary received will be deducted from the citizen. By going to court, this percentage can be reduced for objective reasons. Many debtors work unofficially, therefore, this method of recovery is not applicable to them. Then the bailiff proceeds to the next steps.
Step number 2 . The arrest of the debtor’s accounts. The bailiff will find out which banks have accounts registered in the name of the debtor. If these are found, then they are arrested. All funds available there and in the future will be transferred to the collecting bank. This also applies to deposit accounts, that is, deposits, they can also be seized. Not subject to arrest accounts with benefits and government payments. More precisely, at first they can be arrested, because the bailiff does not see where the funds come from, but the debtor can lift the sanction by contacting the bailiff service. If even the debtor does not have accounts, then there remains the last option – withdrawal of property.
What can pick up for the debts?
This is an extreme measure, which bailiffs start very rarely, except for the options when a loan was secured against property. In this case, the bank initially goes to court with the aim of withdrawing and further selling the pledge. If it was a car loan, a decision is made to withdraw the car. If it was a loan secured by real estate or mortgage, the property will also be sold under the hammer. Often in this case, disputes arise precisely around real estate. But here everything is unequivocal – the borrower pledged the property to the bank, which means that he can take it away, regardless of any circumstances, so they can take the apartment for debt.
If it was a simple unsecured loan, the issue is solved in a different way. Before the actual seizure of property can take a long time, because it is an extreme measure. And in general, the bailiff service works very slowly, as it is simply overwhelmed with various cases.
So, if the debtor does not officially work and has no accounts, then the final stage of the process of debt collection by bailiffs occurs. First of all, the attention of bailiffs attracts the debtor’s own vehicle. If there is one, then it is automatically arrested. At first it’s just an arrest, you can find out about it through checking on the traffic police website. In general, the arrest may be imposed at the initial stage of collection of credit debt, this is done just in case, so that the debtor does not have time to sell the car or rewrite it to another person.
If, as a result, the bailiff issues an order for the seizure of vehicles, then for the beginning this transport should be found. The first search activities are the place of registration of the debtor, then you need to find out where he lives. It happens that the debtors hide the cars, it is for such cases that bailiffs are raided together with the traffic police.
Seizure of an apartment for debt
Most of all, debtors are afraid for their real estate and many are interested in the question of whether they can take an apartment for debt. Here I would like to immediately say that the amount of the debt to be recovered must be compared with the value of the possible for the withdrawal of property. For example, if a citizen has a dollar of 200,000 rubles, and an apartment costs 20,000,000, then there can be no withdrawal of any kind. If the debt is large, then take the property for credit debts can.
1. If this is the only housing of the debtor. If, apart from this apartment or house, the debtor no longer has any residential property, then they cannot take an apartment for debt. Even if the debtor lives in the apartment of his spouse, and in this apartment tenants live. Circumstances have no meaning.
2. If a part of the property belongs to a minor or the child is even simply registered in this housing. The law and the guardianship authorities do not allow situations where the rights of a minor may be infringed, therefore, in such a case, withdrawal of an apartment is impossible even for large debts.
If the property of the debtor does not relate to the legal methods of exclusion, then the arrest is initially imposed on it, and later the decision is made to evict the debtor and to sell the house with a hammer. If the debtor does not voluntarily leave the former home walls, he and his belongings are “evacuated” under compulsion.
The description of the property located in the place of residence of the debtor, rarely resorted. But if this happens, the bailiff establishes the place of residence of the debtor and comes to him, accompanied by witnesses. Here is an inventory of valuable property, arrest is imposed on it. Initially, this is just an arrest, most valuable items themselves often remain in the use of the debtor. If at the time indicated by the bailiff the debt is not repaid, then only this property will be taken away.
We have tried to explain to you what will happen if you do not pay the loan and hope for your prudence. Of course, there are situations when the bailiff cannot determine the place of work of the debtor, does not find his accounts, cannot determine his place of residence. Then, after another unsuccessful search attempt, he sends a document to the recovery bank indicating that it is impossible to collect the debt from the defendant. The bank can only reconcile or re-apply to the bailiff service. In fact, every year banks write off a huge amount of debts that cannot be recovered from debtors.