In accordance with the Civil Code of the Russian Federation, loan arrears arising as a result of late payment of payments must be refunded in full. It is possible to collect a debt by compulsory procedure by filing a statement of claim with an arbitration court.
It is necessary
- - SMS informing;
- - notification;
- - application to the arbitration court;
- - original and photocopy of the contract;
- - a photocopy of the notification.
Instructions
Step 1
Before applying to the arbitration court with a statement of claim, notify the client in writing about the arisen debt on the loan, about the obligation to pay penalties or fines as a forfeit for late payment of monthly payments.
Step 2
If your bank conducts SMS-informing, send an SMS with the requirement to pay off the entire amount of the arisen debt. At the same time, send the client a certified letter with a list of the attachment, which will be delivered against receipt, and you will receive a notification that the message has been delivered to the addressee. In the letter, indicate the time frame in which the client is obliged to pay the entire amount owed.
Step 3
According to the current legislation, the terms for repayment of arisen debts, penalties, fines do not exceed 30 calendar days from the moment the addressee receives the bank's message. If the cause of the debt is valid, the client has the right to contact the credit institution and ask for a deferral of payments or restructuring of the entire loan amount with the condition of paying a smaller amount, but in a longer period. In this case, a certificate of illness, a reduction or other documents confirming the validity of the reason for which the debt arose must be submitted to the bank.
Step 4
If the debt has not been repaid and the client has not applied to the bank with an application for deferred payments or restructuring the amount of the debt, you have the right to file a claim with the arbitration court. Attach a photocopy and original of the loan agreement to the application, a photocopy of a notice with a request to pay off the entire amount of the debt and pay penalties or fines as a forfeit.
Step 5
On the basis of a court order, you will receive a writ of execution. Contact him at the bailiff service. On the basis of the application and the writ of execution, enforcement proceedings will be started, according to which the collection can be applied to the bank accounts, income, property of the debtor. If your client has nothing, he will be involved in administrative work until the full repayment of the entire amount of the debt. Moreover, the bank has the right to demand to repay the entire amount of the issued loan in full.
