When a bank submits an application to the court against an unscrupulous payer, you need to prepare documents, seek help from a credit lawyer, and try to prove the existence of a valid reason for delays. In some cases, the bankruptcy of individuals helps.
The measure of repayment of a debt to a bank through a court is often used. At least three months pass from the time the overdue payment is formed to the meeting with the bank's lawyers in court. There are financial institutions that do not take cases to court, trying to resolve the current situation on their own.
First, an internal bank collection service works with the unscrupulous payer. She sends messages to the phone with reminders. If a positive result cannot be achieved, then the creditor goes to court or sells the debt to collectors. The first option is preferable for banks, since the court guarantees the return of the amount with additional profit.
How to Prepare for Trial?
The borrower should collect the documents:
- copies and originals of checks, receipts confirming the fact of payment of the debt earlier according to the payment schedule;
- a loan agreement drawn up at the initial stage of interaction with the bank;
- official documents explaining the reason for the delay in payments.
The latter may include certificates of illness, work books marked with redundancy and dismissal, certificates of income reduction, and others. If such forms are available, you can count on a favorable outcome and minimal penalties.
What if there is no proof of a valid reason for late payments?
The best option is to use the services of lawyers. The costs for this item are often less than the fines for the loan. Especially if the debtor made monthly payments on time or ahead of schedule before the onset of life circumstances.
The lawyer will first try to resolve the situation at the level of peaceful negotiations. For this, negotiations will be held with a bank employee on debt restructuring or deferral. If a financial institution does not want to go to a meeting with a borrower, then the efforts of a lawyer will be directed to finding loopholes that allow them to win the case in favor of the client.
Effectiveness of bankruptcy of individuals
If you filed a lawsuit for non-payment of the loan, you can prove your bankruptcy. For this, the debt to the bank must be more than 500 thousand rubles. A person must submit an application himself within a month from the moment the circumstances arise. He should not have property that could cover the debt.
When considering an application, the court may recognize it as justified or unfounded. In the latter case, it is left without consideration or the case is terminated.
Consideration of the case in court and the activities of the borrower
There are several stages:
- At the first stage, the documents are prepared by the bank. The period takes from a week to 2 months. No action is taken by the subject.
- At the second stage, the court office examines the completeness of the documents provided and accepts them for work. A summons is sent to the defendant. Do not deviate from receiving it, as there is a possibility that the claim will be considered in absentia.
- On the third, the borrower takes part in the court, learns about the decision. At this stage, you can appeal the court decision.
After the entry into force of the decision, you need to start paying off the debt. You can discuss the procedure for paying off the debt with the bailiffs.
Thus, there are several options for behavior in the presence of debt to the bank. The borrower must prepare documents, draw up a counterclaim, if necessary, use the services of a credit lawyer.
