Any debt to a credit institution must be repaid within the time frame provided for by the agreement concluded with the borrower. Otherwise, the bank has the right to go to court to seize funds from the debtor through enforcement proceedings.
The debt collection procedure is set out in the loan agreement concluded with the bank. It contains information about the minimum amounts that must be paid to pay off the debt, as well as the timing of payments. In the event of a delay in the next payment for 1-3 months, the client will most often limit himself to penalty pennies, which will accumulate as the debt grows. In the future, the bank will be forced to take more radical measures to collect the debt.
The order of further actions of the credit institution depends on the amount owed to the financial institution, the time of delay, as well as the presence or absence of facts of violation of client obligations in the past. First, a bank representative contacts the debtor personally, inquiring about the reasons for the delay in payments. If there are valid reasons (illness, death of a close relative, etc.), the client can be invited to the bank branch to draw up a schedule for payment by installments or recalculate interest on a loan.
If the formation of mortgage is not due to good reasons, or the client simply does not get in touch, avoiding his obligations, the bank can start drawing up a statement of claim to the arbitration court on the fact of violation of the terms of the contract or contact a collection agency whose task is to find the debtor and demand from him debt repayment. The second measure is usually taken by small and private banks. Large and state financial organizations (Sberbank, VTB 24) value their reputation and go directly to court.
In the statement of claim, drawn up on behalf of the management of the city or regional banking structure, all the personal data of the defendant in the case are indicated, as a result of which the court, after examining the documents (within a month), sends a summons to the debtor on the date and time of the trial.
During the meeting, the defendant can argue in his favor (the existence of valid reasons for delayed payments, violation of the agreement by the bank, etc.). If they are not there, the court will oblige the debtor to pay off the debt within a period not exceeding 30 days from the date of the relevant decision.
For a long delay in payments on the loan, the defendant will be obliged to pay the bank the entire amount due under the contract, including interest and a penalty (penny). If the defendant refuses to visit the court or decides to disappear without a trace, the citizen is put on the federal wanted list with the opening of a criminal case against him under Article 314 of the Criminal Code of the Russian Federation "Evasion of administrative supervision" and Article 177 of the Criminal Code of the Russian Federation "Evasion of debt repayment", entailing a heavy fine, correctional labor, or imprisonment.
