The period of time when a financial institution has the ability to fully collect a loan from individuals and legal entities is called the limitation period for a loan. After a certain date, financial institutions, by law, are no longer authorized by jurisprudence to return money. Fraudsters actively use this opportunity, hoping that they will be able to avoid paying off debt. However, it is impossible to say for sure whether banks simply forgive non-payment of debts on loans over the statute of limitations.
Surely, most people, when applying for a loan, do not even think about the statute of limitations for loans, and whether there is one at all. But, in fact, according to the law, the statute of limitations on a loan is called what is provided for by modern legislation.
In 2018, the statute of limitations for a loan is 36 months. Further, any collection of credit debt by banks, including those relating to judicial practice, is considered unreasonable.
However, in such a clear issue, judicial practice on the limitation period of loans shows various options for the development of lawsuits with the involvement of individuals to liability for non-payment of debts on a loan due to prescription. Lawyers disagree on the day from which it is necessary to count the thirty-six months determined by law.
Some believe that the statute of limitations for loans for individuals begins to operate when the date appears in the loan agreement as the end of its payment period. At the same time, if the borrower knows what the limitation period is, and he does not pay the established fee during the entire period of the contract, notification from the bank is not necessary. At the same time, it is possible for the bank to accrue penalties, fines and other sanctions to the client.
Other lawyers believe that the statute of limitations for loans to individuals ends when the lender discovers another non-compliance with the rules of the loan agreement. Or, simply, when the borrower has not paid the monthly fixed amount. Then the limitation period for the loan begins to be counted from the date of the last payment made. Before the expiration of three years, the time set for such legal cases in 2018, the bank has the right to go to court and receive the full payment of the loan from the borrower.
The borrower should be aware that, no matter what the statute of limitations for a loan is at the moment, it can be reset to zero and start over with any contacts with bank employees. At the same time, the fact that the bank made a call to the user cannot serve as evidence of interaction without providing a record of the telephone conversation.
So, while, according to the law, the statute of limitations on the loan has not yet expired, the financial institution has the right to file a claim with the borrower to return the funds provided for in the loan agreement.
Each bank necessarily has its own lawyers who have encountered loopholes in judicial practice regarding the non-payment of a loan issued to individuals, due to the statute of limitations.
Most lawyers filing a lawsuit are guided by the first path described above - that is, they try not to attract the attention of an unscrupulous client for as long as possible, charging significant penalties and other penalties.
However, the majority of judges in practice in 2018, considering lawsuits on the limitation period of a loan, use the second reading of the Code and determine the beginning of the limitation period at the time of the last payment established by the agreement, which in most cases can be turned in favor of the defendant.
It should be understood: the expiration of the statutory limitation period for a loan, if there is one, is not a panacea for either paying a debt to a bank or going to court by a financial organization.
The end of three years is just a strong argument in favor of the defendant, if suddenly the bank files a claim. This can happen in three years, and ten years after the expiration of time.
Moreover, the court will not deal with calculations on whether the statute of limitations for collecting a loan has expired, its decision will be influenced by documentary evidence and the activity of the parties. To minimize the existing debt on a loan or completely avoid paying it to the debtor, self-provision of documentary evidence will help. It is best to hire a qualified lawyer for these purposes, the statute of limitations on a loan by a court decision will depend on this.
According to the trend that had developed by 2018, it became clear that the bank in any case would not leave the debtor alone and would try to find a way to collect everything that was due to him under the law. If the limitation period has not passed, the bank can go to court, but if this period is missed, collectors can join.
Currently, the bank has the right to file a claim under a simplified procedure - to a justice of the peace, if the debt does not exceed 0.5 million rubles. In the course of enforcement proceedings, it issues a special court decision, which allows you to save time by avoiding dragging out the process. The writ of execution is handed over to the bailiffs, who, in turn, ensure the retention and recovery of capital from official sources - they arrest accounts, impose fines on wages.
Please note that from the moment of receiving a copy of the judgment, the defendant has the right to challenge it, this automatically leads to its cancellation. However, this will not save you from litigation. The borrower has 10 working days to protest such an order.
If, according to the existing legislation of 2018, the statute of limitations for collecting a loan has expired, and banks understand that it is unlikely that they will be able to return the money by a court decision, they can easily sell the user's debt to collectors. These are representatives of companies, without which the return of debts in 2018 is almost impossible.
Collectors use absolutely any methods of repaying a debt on a loan, up to illegal threats and direct physical impact. When a collection agency, when collecting a debt, damages a person’s health or property and there is evidence of this, according to the law, he has the right to submit an application to the police department.
In case of inaction of the bodies of this level - to the prosecutor's office. If the bank transfers the user's debt to a collection company, the statute of limitations for the loan does not start anew.
So, the statute of limitations on a loan, defined by law in 2018 as a three-year period, is the time after which the debtor, when filing a lawsuit against him in the courts, has the right to submit a corresponding petition and avoid returning debts on the loan.
However, the expiration of the claim period does not guarantee the bank's refusal to receive its own money - there are many methods for collecting debts from individuals, including with the involvement of collectors - which can turn out to be quite deplorable for the debtor.
Whatever way the bank chooses to repay the debt - a court decision or other methods, it will be unprofitable for the user to execute it. Therefore, the client has to think several times - whether it is worth avoiding contact with the bank during the entire period of limitation on the loan or immediately, if it is physically impossible to repay the debt, report this to the financial institution and find a solution together.
statute of limitations on a loanprovided for by current civil law. As with most types of infringement, the statute of limitations for a loan is 3 years. From what moment it is calculated, how to use it and what to do if the creditor nevertheless sued, read in our article.
If the statute of limitations for a loan has passed, is it possible not to pay it at all? There are different situations in life, and such a question may well arise. For example, the borrower has financial difficulties, as a result of which he is not able to repay his debt for a long time, or problems - up to the revocation of the license - may appear at the bank. How to proceed in such a case?
First, it must be recalled that when concluding a loan agreement, funds are issued to the borrower on a repayment basis. Thus, the obligation to repay the loan remains with him until the expiration of the contract, and in case of violation of the terms of fulfillment of obligations - and beyond.
Therefore, when it comes to the statute of limitations on a loan, in the context of time, it is not the obligation to pay the debt that is considered, but the possibility of its recovery by filing claims (that is, in court).
Secondly, a number of conditions are legally defined, under which the creditor cannot demand the performance of the debtor's obligations. These conditions primarily include the period that has passed since the breach of the loan agreement and the appearance of the creditor's right to demand the fulfillment of the debtor's obligations - the so-called limitation period for the loan.
The statute of limitations for a loan is 3 years. It is established from the moment at which the rights of the creditor under the loan agreement were violated - this is a general requirement, which is enshrined in Art. 200 h. 1 of the Civil Code of the Russian Federation. Therefore, in order to more accurately determine the moment from which the limitation period will be calculated, it is necessary to refer to the contract.
Important! The limitation period for additional obligations (fines, interest, etc.) expires at the same time as the terms for the principal amount of the debt, regardless of the date of their accrual.
If the limitation period for the loan is not defined, the limitation period is calculated from the moment when the next loan payment has not been paid. In the absence of regular payments for more than 90 days, the bank has the right to declare a requirement for a lump sum repayment of the entire amount under the agreement. In this case, the limitation period will be calculated from the moment the claim is filed.
Important! If the demand specifies the deadline for the fulfillment of the requirement, then the calculation of the limitation period for the loan begins from the moment the deadline expires.
Don't know your rights?
There are nuances in calculating the statute of limitations for a loan that is subject to execution within a certain time frame. The provisions of the Civil Code indicate that for loans with a certain maturity period, the limitation period for the loan begins from the moment the maturity period expires, but in any case it cannot exceed 10 years from the date the obligation arose.
It should be remembered that the expiration of the statute of limitations on a loan is not an obstacle for the creditor to file a claim for debt collection (Article 199 Part 1 of the Civil Code of the Russian Federation). The courts accept such claims for consideration and even make positive decisions on them. To challenge the decision, you need to go to court with an appeal containing a requirement to recognize the limitation period has expired, but the best solution would be to make a corresponding statement during the trial.
Despite the strong position of the borrower when the statute of limitations expires, you need to be aware that in some cases the lender has the opportunity to achieve a refusal to establish a statute of limitations. Reasons for this could be:
In addition, the borrower himself, not knowing the specifics of setting the statute of limitations, can help reduce the period taken into account. Thus, the limitation period may be interrupted if the borrower during this period:
In these cases, the calculation of the limitation period stops and starts anew from the moment of the incident that caused the stop.
Trying to use the statute of limitations to default on a loan can have serious consequences. For example, in addition to a claim for payment of a debt, a creditor may demand that a fraud case be filed by the borrower. As a result, the borrower runs the risk of being in a more difficult situation than expected.
To prevent this from happening (for example, if the reason for non-payment is the financial troubles of a bona fide borrower), it is necessary to notify the bank in writing about the temporary impossibility of repaying the loan.
In addition, the absence of malicious intent on the part of the borrower may be evidenced by:
Important! If the limitation period for the loan has expired, the creditor does not have the right to prosecute the debtor in court in a fraud case.
Nevertheless, even in the event of the expiration of the statute of limitations and the absence of the creditor's ability to recover the debt, the borrower may receive certain negative consequences in the form of a damaged credit history as a result.
Many citizens are interested in the peculiarity of applying the limitation period for a loan in a bank declared bankrupt or deprived of a license by a court. What should the borrower do in this situation - to pay or not to pay? After all, the deprivation of a bank license does not always lead to the liquidation of a credit institution, although it often contributes to the suspension of its activities.
There are several options for the development of the situation. First, the borrower can almost always keep making payments on his obligations. Secondly, even if payment is impossible due to some circumstances beyond his control (the bank office is closed, the ATM does not work, and so on), clause “a” of Art. 202 part 1 of the Civil Code of the Russian Federation, which regulates the suspension of the limitation period due to force majeure circumstances.
In the event that the bank is declared bankrupt, work with the debt will also be carried out. In addition, in the future, when the legal successor of the credit institution is determined, he will try to recover the debts of the bankrupt bank.
The statute of limitations (let's call it SID) is the time during which the bank has the opportunity to sue a negligent borrower.
It is worth considering that the court will accept a claim from a credit institution regardless of whether the deadline has expired (clause 1, article 199 of the Civil Code of the Russian Federation). Therefore, if in your opinion the time of the bank has passed, you should definitely declare this before a decision is made.
Some borrowers do not know what the statute of limitations for a loan is, others think that the statute of limitations is counted from the moment the loan agreement is opened. This is not true. P. 1, Art. 200 of the Civil Code of the Russian Federation states that the SID starts to go from the day the bank found out about the delay. Clause 2 states that for obligations with a specific deadline for fulfillment, the IIA begins to flow at the end of this period.
It should be noted that until recently, even the decisions of judges on this issue differed: sometimes they counted the period from the date the contract ended, sometimes from the date the last payment was made, and sometimes from the day the official letter was sent to the borrower about the repayment of the delay.
Resolution of the Plenum of the RF Armed Forces No. 43 dated September 29, 2015 put everything in its place. It states that, based on the meaning of Art. 200, the countdown of the limitation period for a debt that, according to the agreement, must be paid in parts, begins to be calculated separately for each such part. That is, the statute of limitations for overdue payments, interest, penalties, etc. is calculated separately for each outstanding contribution.
When does the statute of limitations for a loan start? Example: according to the agreement, the loan repayment date is every 12th day. The client has stopped making payments since November 12, 2016. In this case, the AID for the first overdue payment will begin on November 12, 2016, for the second - on December 12, 2016, for the third - on January 12, 2018, etc.
If the bank has filed a claim only for the recovery of the principal debt, then the AID for the remaining payments (for example, for the payment of a penalty) continues to go. At the same time, after the expiration of the limitation period for the main requirement (clause 1 of article 207 of the Civil Code of the Russian Federation), the period for writing off the debt on the loan also expires for additional requirements (that is, forfeit, interest, collateral, etc.). But if it was determined by the agreement that interest is paid later than the principal debt, then the limitation period for them is considered separately and does not depend on the end of the AID on the principal amount of the loan.
Do banks write off debts on loans? The flow of the LED is suspended:
If the parties resorted to out-of-court settlement of the dispute, then the period is suspended for the duration of this procedure (or for six months, if there is no deadline). From the time of the end of the reason for which the suspension was made, the limitation period will continue to run.
Is it possible to write off a debt on a loan or take a break? A break in the flow of the IID occurs if the borrower performs actions that indicate that he recognizes the debt (Article 203 of the Civil Code of the Russian Federation). In accordance with the Decree of the Plenum of the RF Armed Forces No. 43, such steps can be:
But if a person simply responded to the bank's claim and did not indicate that he was responsible for this debt, then such a response is not considered recognition, so there will be no break.
Also, if the client acknowledged only part of the debt, including making a periodic payment, this does not mean that he agrees with the debt as a whole. That is, this contribution cannot be a reason for interrupting the flow of AID for the rest of the contributions.
When the steps indicating the recognition of the debt were made by the representative of the borrower, the IID is interrupted only if he had the necessary authority (Article 182 of the Civil Code of the Russian Federation). If the debtor simply does not take any action and does not sign anything, then the limitation period is not interrupted!
Please note that after the break, the LED does not continue, but starts again, that is, the time that has passed before the break will not be counted in the new period!
Example: the borrower had to pay the next payment on 04/15/2016, but overdue and did not pay for several months. Thus, from April 15, 2016, the limitation period began. On September 15, 2016, a person came to the bank and wrote an application for an installment payment, but then stopped paying again. In this case, the three-year TID will start anew from 09/15/2016.
Important! With all suspensions, the limitation period (clause 2, article 196 of the Civil Code of the Russian Federation) cannot exceed 10 years.
Can the court write off the loan debt if the statute of limitations has expired? In most cases, the bank does not wait for the deadlines to pass and sues in a timely manner. But even if the AID has already passed, the borrower is unlikely to be left alone. Probably, employees of the credit institution will call, come, write letters, try to put pressure on guarantors or relatives. But the bank, most likely, will no longer sue, since if the debtor declares that the limitation period has passed, the court will still refuse to initiate a case.
When the lender decides that the debt is unlikely to be repaid, he can cede the problem loan to debt collectors. It is no secret that the methods of the latter often go beyond what is permitted, as there are a lot of eloquent reviews on the Internet.
There are a lot of articles on the net about the need to allegedly withdraw consent to the processing of your personal data, and the borrower will be left behind. Actually, it won't do anything. According to Art. 9 of the Federal Law No. 152, even with a revocation, the bank or collectors have the right to continue processing personal data if this is necessary to exercise their legitimate rights and interests. But few people know that Federal Law No. 230 was adopted not so long ago, which clearly stipulates who, when and how can “get” the debtor.
So, the collector does not have the right to come to the borrower more than once a week and call more often:
It is forbidden to threaten, use force, harm health or property, mislead a person or put pressure on him, etc. It is forbidden to report debts to third parties, disclose information about the client himself or his debts.
Important! By law, the borrower may refuse to communicate with the lender or the collector. To do this, you must send him an application by registered mail or through a notary, or simply hand it over against receipt.
Limitation period for a loan- the period during which the bank can sue the borrower for reimbursement of loan funds.
The bank is ready to give someone a loan only on the condition that all the money will be returned on time and with interest. Unfortunately, this does not always happen. Quite often, a client finds himself in a difficult financial situation and simply cannot pay his debt. There are also credit scammers. One way or another, in such a situation it is often necessary to resort to such a concept as the limitation period on a loan. In the banking sector, it is used specifically in terms of collecting debts on unpaid loans and has its own characteristics.
When the client stops making the necessary payments on the loan, the bank begins to take certain actions to repay the debt:
If the loan was issued, then the obligation to repay the debt passes to the insurance company. A similar situation occurs if: the bank starts calling and writing to the guarantor of the problem client.
So the statute of limitations for a loan is the period during which the bank can take all these actions and try to repay its debt.
It is legally established that such a period is 3 years. But the main question is, from what moment does the countdown begin?
Currently, the interpretation of existing norms is not quite specific, therefore, in practice, two approaches are used:
But even here there are a huge number of nuances of calculating the term in the bank, which ultimately lead to different interpretations of the law and allow the client and his lawyer to somehow manipulate in court. So, there are the following features of the resumption of the countdown of the limitation period for debt on a loan:
As court practice shows, all this leads to different interpretations in the consideration of cases of loan debt. So, the very fact of contact between the bank and the client is usually called into question by lawyers, because. it is impossible to prove with certainty that it was the client who spoke to the bank representative on the phone. Those. no extension of the statute of limitations has occurred. they also often use the opportunity to significantly increase the client's debt and fine by delaying official contact with the debtor, and only then go to court.
All methods of the bank to repay a debt on a loan for individuals can be divided into peaceful methods and more aggressive ones.
Peaceful means include all telephone conversations and written notices. At this stage, the bank and the client can still agree on installment payments, credit holidays, restructuring, etc.
More aggressive methods include the work of collectors and the solution of the problem through the courts. Collectors redeem debts from the bank, and then begin to apply their methods of returning money, which sometimes even border on criminal methods: they come to the house and work of the debtor, put pressure on him and his family. Therefore, this particular method of repaying a debt is the most undesirable.
The last stage of the proceedings on credit debt is the bank's appeal to the court. It is at this moment that the debtor thinks about whether there is a statute of limitations on the loan.
Contrary to the general misconception, the fact that 3 years have passed since the signing of the loan agreement and you can not pay is erroneous. For this to be true, the following conditions must be met simultaneously:
Only in this case, the court will really be on the side of the client, and it will be possible not to pay. But in practice this does not happen, because in any case the bank will try to return its money by contacting the client, i.e. constantly shifting the start of the countdown.
Moreover, the existence of the concept of limitation period does not prohibit the bank from filing a lawsuit in court. He can do it at any time, even after several decades. It also extends to the right of the bank to constantly call its debtor, write letters and come to his home or work. Only a court decision, as well as the withdrawal of your personal data from the bank (for this you need to write a special application) can really stop all these processes.
Therefore, if you are interested in the question of whether there is a limitation period for a loan, then know that there is, but this does not mean the termination of your obligations to pay the debt.
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Most of us use the services of banks (in particular, we take loans), and, unfortunately, there are often difficulties with their repayment. And this leads to numerous problems - up to threats from bank representatives and loss of property. The law in this case does not always take the side of the creditor and provides for him some restrictions on the right to present claims to the debtor. To understand how realistic it is to get rid of debts to the bank, whether it will write off the debt if you avoid contact with its representatives, how many years to do this and whether it is worth it at all, it is important to have information about the statute of limitations on the loan.
By law, the bank is obliged to write off the credit debt if it is recognized as uncollectible. And this happens at the end of the limitation period, which means the time provided to apply for the protection of their violated rights. This is exactly what the statute of limitations on a loan is, that is, the period during which the lender can collect credit debt. After the expiration of this period, the bank loses the right to require the individual to repay the loan in court.
But there is an important condition, and it must be met. There must be no interaction between the debtor and the creditor during the statute of limitations. Thus, the borrower can get rid of credit debt if, during the period of limitation, he avoids contact with the bank, does not answer his calls, does not visit branches, does not sign for letters and does not make payments. Then there will be a chance that the debt will be cancelled.
The period during which a bank or other creditor can claim credit debt through the court, that is, the total limitation period for a loan, is 3 years. The Civil Code also provides for a 10-year limitation period. The main difference in the application of these indicators is the determination of the reference date. For each overdue payment, the term is calculated separately.
It is worth mentioning the statute of limitations for the guarantor, since special rules apply for him. If a surety was issued by an individual upon receiving a loan as a guarantee of its repayment, in case of evasion from repaying the debt, bank representatives will demand to reimburse it to the guarantor. But in this case, the rights of the creditor are narrowed. The term of the guarantee is limited to the period specified in the relevant agreement. If it is not in the document, the obligations of the guarantor are valid for a year after the expiration of the loan agreement. That is how much time the law gives the bank to sue the guarantor.
If an obligation has a performance period, as happens, for example, with loans, the Civil Code provides that the beginning of the limitation period falls on the date of completion of the performance period. Therefore, the courts are predominantly inclined to believe that the three-year limitation period for a loan begins on the day following the last payment. In other words, after the last time an individual contributed money towards a debt, the bank has 3 years to demand the return of the debt.
If during this period there is contact between the lender and the borrower, for example, even the smallest amount is deposited, the debtor signs for a registered letter of debt, visits a bank branch or its employees contact the borrower by phone, the limitation period is reset to zero, and its countdown starts again . At the same time, the transfer of debt to collectors does not affect this process, and when it occurs, the limitation period continues to run, which began with the last payment or contact with the bank.
As for the 10-year limitation period, it is calculated from the date the loan was issued. Thus, regardless of the date of the last debt repayment or other interaction of an individual with a bank, 10 years after receiving a loan, the lender can no longer claim its return by a court decision.
Advice: you should not expect that bank representatives will calmly wait until 3 years have passed since the last loan payment or 10 years from the date of its execution, and are ready to put up with the loss of funds that you owe. They will use all sorts of ways to contact you, which will cause the statute of limitations to be broken. Therefore, it is worth finding a way to pay off debts, and not rely on their cancellation. One option is to pay off the debt with a new loan. If you decide to use this method, we recommend that you read the information on how.
According to the Civil Code, when a 3-year period ends from the date of the last payment or 10 years from the date of the loan, the bank can no longer claim the debtor's property, including debiting money from the account without the consent of its owner. You can no longer sue the debtor. But banks are in no hurry to recognize such debts as hopeless and write off, since the law does not oblige them to make such decisions.
It is important to understand that even if you managed to avoid contacts with the bank during the statute of limitations, you should not expect that the problems will end there. Even having got rid of the risk of getting a court decision to recover a loan, you need to be prepared for other negative consequences:
If you do not make any payments on account of the debt after obtaining a loan and avoid contact with creditors, they may initiate a case to recognize you as a fraudster. Article 159.1 of the Criminal Code provides for liability for credit fraud.
A credit debtor can be recognized as a fraudster, that is, a criminal, and prosecuted if he has committed the following actions:
For such actions, the following types of responsibility are provided:
The specific punishment depends on the circumstances of the case, in particular on the amount of the debt, the existence of a conspiracy of a group of persons and the use of one's official position. But even if it is possible to avoid prison and receive a more lenient sentence, the mere presence of a criminal record will already spoil the biography and lead to numerous difficulties in finding a job and applying to different authorities.
As practice shows, the risk of being prosecuted for fraud is reduced under certain circumstances:
The statute of limitations on a loan is a period of time that is given to a bank or other creditor to present a claim to the debtor through the court. After this period, it is no longer possible to resolve the issue of the return of borrowed funds in court, that is, the debt is canceled. The limitation period from the next day after the last payment on the loan is 3 years, and from the date of its execution - 10 years.
If there was a contact between the debtor and the bank, for example, a visit to a branch, a phone call, or making even the most modest amount on account of the debt, the limitation period is interrupted and a new countdown begins. It is difficult to avoid such contacts, but even if you manage not to interact with the representatives of the creditor for all 3 years (10 years), the problems will not end there. The persecution is likely to continue, and the bank may even initiate a case to recognize the debtor as a fraudster.
