For the majority of debtors, it is the court that is a kind of saving finish that will sum up the results. It is believed that after the trial, the interest will be calculated and frozen, but this does not always work. Can a bank charge interest even if there has been a trial?
When the bank continues to charge interest
How legal are such actions on the part of the bank? Everything in this case depends on the correctness of the preparation of claims by the financial institution. For example, if the bank in the application requires to pay off the debt in full, while terminating the contract, the accrual of the delay stops immediately after the court decision. In theory, at this point, the amount of debt stops growing and becomes fixed.
In practice, however, banks prefer to use a slightly different scheme. The legal department of a credit institution makes claims regarding the amount of debt of its client, which was formed at the time of filing a court application, while the principal amount of debt on a loan product remains outside of this collection.
Accordingly, the agreement between the client and the bank will not be terminated, and both fines and interest will also be charged on this very balance. Using such a fairly common scheme, the bank is able to apply for help to the court several times, each time making claims for a part of the amount. A direct bailiff can join this case in case of lack of funds. If necessary, in order to pay the debt, he can identify expensive purchases, check tax acts and draw up notifications that the debtor has funds to deposit money to pay off the debt, even if the debtor is a pensioner.
Based on which the bank continues to charge interest
In order to answer this question, one should refer to article 208 of the Code of Civil Procedure of Russia. According to this article, “at the request of the debtor or the claimant (which is the bank), the court that borrowed the case for work has the right to index the sums recovered by the court at the time of the execution of the court decision”.
Article 395 of the Civil Code also notes that for the use of other people's financial resources due to illegal and unjustified withholding by law, as well as in case of delay, evasion of refund or payment, the party using these funds will also have to pay interest on the amount of funds taken.
According to these two articles, the bank has a full and legally justified right to demand from its client to pay not only the debt on the loan product, but also the interest even after a court decision has been made. This is possible even in the case of a fixed amount of debt, but only in cases where the debtor for some reason does not fulfill judicial obligations or pays the debt in installments (even in cases where the installment plan was approved by the court).
But the bank can do this only if it goes to court with another claim. In such cases, the debtor will have to pay a new amount owed on the basis of a new court decision. At the same time, the bank, trying to get rich, will wait a few weeks, and after that it will "withdraw interest" and sum them up for a new claim.
In this situation, it is encouraging that in most cases the amount of funds accrued as interest will be too small to issue the next collection. Therefore, banks usually file one claim for the principal amount of the debt and do not go to court with another claim, and no one will force the debtor to pay interest.
