How not to pay the loan?
With the growth of economic activity of the population since the beginning of the new century, the number of loans issued by banks has increased. Most people, of course, try to pay their bills on time in order not to have further problems with banks. But due to unfavorable circumstances (loss of work or illness), a certain part of borrowers are not able to pay their loans on time, and some do not want to pay their debts. In general, once in a difficult financial situation, a borrower thinks about how not to pay a loan, and whether it is possible not to pay loans legally.
First of all, in such a situation, of course, it is worth contacting the bank to the lender with a statement about the restructuring of the loan, or postponing payments, but in this article we will not talk about how to pay the loan, but how not to pay the loans legally.
There are a number of ways to delay payments to banks, reduce interest charges and not pay the loan at all.
Hiding from the bank
This is the most common way to avoid their obligations to the bank.Like "I took a loan and did not pay, and I do not intend to." The debtor usually changes the phone number and hides from the banks. If the sum of the principal debt to the bank is less than one and a half million rubles, then the criminal prosecution does not threaten the debtor. The bank will run for a long time for the debtor, but if the second one remains non-contact, it will fall behind in a couple of years.
The bank can also sell the troubled loan portfolio to a collection agency, which will deal with the debtor more thoroughly. If the outcome is unfavorable to the debtor, the agency or bank may file a lawsuit in court to recover the loan debt. The court recognizes the plaintiff’s claims reasonable and transfers the case to the Federal Court Bailiffs Service, which can describe for the amount of the debt the property located at the registration address of the debtor. Also, bailiffs will be able to arrest bank accounts, impose a ban on travel abroad, etc. The case will reach the court if the amount of the debt reaches 100,000 rubles.
In this case, the borrower must cancel the court order.
How to cancel a court order
- First you need to familiarize yourself with the order itself, find out where the hearing took place, what amount of debt is involved in the case, etc. This information can be obtained from the bank lender, or on the FSSP website.
- In the court office, where the debtor’s case was being heard, you need to take the application form for cancellation of the court order and fill it out in accordance with the sample that is in court at the stand with information.
- In the column "reasons" you need to specify the reasons for which the debtor wants to cancel the court order. Such may be the debtor’s disagreement with the amount of the debt, disagreement with the fact that the case was heard without the participation of the debtor, or other objective objections.
- Submit an application to the court office and take the appropriate notice.
- Next you need to go to the bailiff, the leading executive production of the debtor. The bailiffs write a statement about the termination of the enforcement proceedings in connection with the cancellation of the court decision. If the bailiffs have already imposed some sanctions on the debtor - write a statement about the abolition of such measures, whether it is the arrest of a bank account or a ban on going abroad.
For about ten days, the court order is canceled and the judge is likely to schedule a new hearing. For these hearings, the debtor should prepare a counterclaim against the bank to the lender for the reduction of penalties, fines and penalties (in accordance with Article 333 of the Civil Code of the Russian Federation).
In this way, you can independently, without the help of lawyers, fix the amount of the debt, so that additional pennies are not charged and you can delay the payment of the debt, but not get rid of the loan.
If the debtor is not going to pay the bills, then there is a chance that he will actually get rid of the loan if he waits a year from the moment of initiation of the enforcement proceedings by the bailiffs without catching them.
The fact is that if within a year from the moment of initiation of the enforcement proceedings, the bailiffs are obliged to close it, if they have not found the debtor.
However, this does not deprive them of the right to seize property at the place of registration of the borrower, his bank accounts and close the border. If the property located at the place of registration of the borrower belongs to other persons, then he should prepare the documents confirming this in advance, otherwise this property will be arrested. Also during this year, the debtor will not be able to be officially employed, otherwise the bailiffs will take away half of his salary in repayment of the debt.
After the closure of production by bailiffs, the bank is unlikely to sue the borrower a second time, so that the debtor will be to some extent free from its obligations.
For a long time, the debtor may not pay the loan to the bank, feeding the call center employees with promises “be sure to pay, but later”.
In this case, it is better for the debtor not to hide from the bank, but to keep in touch: to answer calls and agree on the next payment date, and then call back and come up with reasons why he will not be able to pay on that day and agree on a new date. This does not help the borrower get rid of loans, but will give a lot of time to prepare for the court and find the means to pay off the debt.
Collectors and anti-collectors
If a borrower plans to take out a loan and not pay, he should be ready for a meeting with collectors. Collection organizations are organizations that buy out bad credit portfolios from banks and collect debts from unreliable borrowers.
When communicating with representatives of collection companies, the debtor must be emotionally restrained, not disclose to collectors any information about themselves and their property and know that all that collectors can do within the law is to sue him for debt collection.
If the amount of the debt exceeds 100,000 rubles, the borrower should contact the anti-collectors. In fact, anti-collectors are the same specialists in the field of borrower and lender relations, only working for the borrower. Often, anti-collection services are also provided by collection agencies.
The anti-collector can give decent legal advice on how not to pay loans legally, or, of course, not for free, to help the debtor in litigation and reduce interest debt.
Anyway, if you still have no problems with loans and you do not want to think about how not to pay a loan, it is better to think in advance about how to pay a loan in order not to spoil your credit history.