How does a loan trial with a bank proceed? What to say at the loan trial? What does the bank offer?

Financial problems in the family or loss of a job can lead to temporary insolvency on loans. If you have repeatedly violated the deadlines for regular payments, the bank has the legal right to collect the debt and interest through the court. What to do if the bank wins the case and is preparing documents for forced collection? We will tell you how to properly file a complaint if the court has ruled in favor of the bank, or use other effective ways to protect your rights.

It is generally accepted that a court decision puts an end to any dispute, because the bank will be able to present it for collection at any time. There is no point in hiding your income or urgently transferring property to relatives, since bailiffs or collection agencies are well aware of all the tricks of debtors. It is much more effective to use the methods provided by law:

file an appeal against a judicial act, and, if necessary, contact a cassation or supervisory authority;
achieve, upon appeal, a reduction in the amount of interest if it is disproportionate to the principal debt;
contact the bank for debt restructuring;
obtain through the court a deferment or installment plan for the payment of the debt.

Naturally, ordinary citizens do not always have a thorough knowledge of the law and judicial practice. Since your success in resolving a credit dispute depends on your every action and decision, we recommend contacting a lawyer even when considering the case in the first instance. Even if you carelessly did not pay attention to the subpoenas and did not appear in court, or you were not notified of the process that took place, a lawyer will help you quickly and competently draw up a complaint or extend the period for challenging.

What to do if you don’t know whether a judgment has been made on a loan? Such situations arise very often, since court notices are delivered to the address specified by the bank when filing a claim. If you have changed your place of residence after applying for a loan, or mail is not delivered on time, use the following options for obtaining information:

on the official portal of the State Automated System “Justice” (https://sudrf.ru/) you can find information about all trials. You need to select a judicial authority (for example, the magistrate's court at your place of registration) and indicate your last name in the search form. The case card will indicate at what stage the consideration of the claim is and when the decision was made;
You can contact the bank that collected the loan. If you do not want to visit a banking institution in person, call the hotline. As a rule, when confirming the borrower's identity, he will be provided with information about the stage of collection;
check the information through the bailiffs database. If the decision has entered into force, the bank sends it to the FSSP for forced collection. Bailiffs immediately post all data about the enforcement case in the online database.

Note!

In the worst case scenario, you will find out that the decision has been made and has entered into force. With the help of a lawyer, even in this case, you can restore the deadline for filing a complaint, or appeal to the cassation authority.

If a debt collection order has been issued, it can be quashed by filing a written objection. The benefit of this option for protecting rights is obvious - after canceling the order, the bank will have to go to the magistrate’s court according to the rules of claim proceedings. In this case, you will have enough time to contact a lawyer and prepare for the trial.

What happens next if a loan trial has passed, and you only learned about the decision from the bailiffs? If you were not notified of the lawsuit or did not receive a statement of claim or subpoena, you must go to court to restore the deadline to file a complaint. Under these circumstances, with the support of an experienced lawyer, you will get the decision overturned, and the case will be reconsidered with your participation.

Let's consider various options for filing an appeal if the bank wins a court case to collect debt on a loan.

How to file an appeal?

So, the magistrate’s court made a decision to collect the loan debt - what to do next and how to comply with all the requirements of the law when filing a complaint? A loan appeal can be filed if the judicial act has not entered into force. Finding out about this is quite simple - the decision comes into force after the 30 days provided for appeal. If the complaint is not filed within the specified period, the court will mark the entry into force of the decision and issue a writ of execution to the bank.

An appeal against a court case with a bank is filed according to the following rules:

The complaint must be filed within a period not exceeding 30 days from the date of the decision. If you miss this deadline, you can restore it only if the reasons for missing it are valid; for this you need to file a separate petition;
although the appeal will be considered by the district court, it must be submitted to the magistrate who made the decision;
When filing a complaint, do not forget to pay the state fee. In the absence of a supporting receipt, the complaint will be left without progress.

In 2018, the state duty for citizens is 150 rubles. You can pay it through any banking institution, and the original receipt is attached to the complaint.

You can file and send a complaint even if you do not have a copy of the court decision on hand. It is enough to indicate in the complaint the details of the decision (date of rendering, case number, subject of the dispute). However, to indicate reasoned arguments in the text of the complaint, you need to thoroughly familiarize yourself with the court decision. If you are having trouble obtaining a resolution, please contact an attorney for assistance.

You can submit a complaint in one of the following ways:

submit the documents in person to the office of the Magistrates' Court (a stamp indicating the date will be affixed indicating the acceptance of the documents);
the law allows you to conduct business through a representative using a notarized power of attorney (for example, if you hired a lawyer) - to file a complaint through a representative, such authority must be indicated in the power of attorney;
complaints and attached documents can be sent by registered mail via mail (in this case, the date of filing the complaint will be considered the day the documents were received by the post office, recorded in the receipt).

If all the rules for filing an appeal are met, the court will send a copy of the complaint to the plaintiff (bank) for the preparation of written objections. After this, all materials of the case will be sent to the district court for consideration on the merits. In the appellate instance, the case will proceed according to the general rules, i.e. the court will re-evaluate all evidence, as well as the arguments of the complaint.

How does the appeal work?

If the bank wins in the court of first instance, this does not mean that based on the results of consideration of the complaint, the decision will not be canceled or changed. Depending on the circumstances of your case, the following scenarios are possible in the appellate court:

. Such situations are possible if significant violations were committed in the first instance (for example, if the statute of limitations for collecting a loan has expired);
the decision will be changed. For example, you can prove that the interest is disproportionate to the amount of the principal debt (then the amount of the penalty will be significantly reduced), or you can prove that the statute of limitations has expired for part of the debt;
the decision will be upheld. In this case, the appeal determination on the loan comes into force immediately after its issuance. The bank may send documents for forced collection, and you retain the right to file a complaint with cassation or supervision.

Note!

If there is a valid loan agreement and the debt is overdue, it is possible to achieve a complete denial of the claim only if the statute of limitations has passed. However, with the help of a lawyer, you can significantly reduce the amount of the penalty, and then achieve a deferment or installment plan for payments.

If the defendant does not agree with the court’s decision on the loan, and the complaint did not bring a positive result, an effective option would be to apply for a deferment or installment plan for payments.

What to do next if the court decision on the loan after an appeal has entered into force? Obviously, the bank will immediately send documents to the bailiffs for forced deduction from wages or foreclosure on property. The law allows for the possibility of obtaining a deferment or installment plan for the execution of a judicial act. This procedure follows the following rules:

to obtain a deferment or installment plan, you must submit an application to the magistrate’s court that made the initial decision;
The application must indicate the reasons why the execution of the judicial act is impossible or difficult. For example, such circumstances may include loss of a job, long-term treatment, the presence of several dependents in the family, etc.;
The court will determine the period of deferment or the terms of the installment plan based on the evidence presented.

Note!

If the bank wins the court case on the loan, it is easier for it to agree to a deferment or installment plan in order to be guaranteed to receive the borrowed funds. In addition, deferment and installment plans can be canceled if the defendant does not comply with their terms (for example, does not transfer regular payments on time).

You can go to court for a deferment or installment plan more than once. For example, if the court did not see any basis for granting your application the first time, you will be able to re-apply and present a new justification for your request. There is no state fee to be paid for filing such an application.

What should a defendant do with a loan debt after a court decision is made, if all appeal options have been exhausted, and a deferment or installment plan is refused? You need to keep in mind that bailiffs cannot withhold more than 50% of your salary. When foreclosure on property, you will be able to exclude from seizure the things and objects included in the special federal list.

Summary

What to do if the bank wins a loan lawsuit? Even in this case, there are several legal ways to defend your interests:

you can file an appeal and get the court decision overturned or changed;
you can apply for a deferment or installment plan for the execution of a court decision;
You can enter into an agreement with the bank on debt restructuring.

It is advisable to carry out all actions through a lawyer - this will help to comply with procedural subtleties when preparing documents, and all cases in court will be handled by an experienced representative.

If you have irreconcilable differences with the banking company where you are served, you can sue the bank for a loan. We explain in detail how to sue for a loan and how to win this case in our article.

So, the bank has the right to appeal to the courts in the event that there are various violations of the terms of your contract. Most often, the reason for applying is the appearance of arrears, after which the debt is transferred to the category of problem debts.

The borrower also has the right to apply to the court for help:

In a situation where his rights as a consumer are infringed, for example, unnecessary services are imposed on him, which lead to increased overpayment.
or the client wants to reduce the amount of penalties and commissions that the bank demands to collect from him in excess of the principal debt paid, or demands that the agreement or some of its provisions be recognized as illegal.

What determines the probability of winning:

From the goals and objectives correctly set by the borrower, they must be realistically achievable,
From the existence of grounds for satisfying his requirements provided for by law,
From the well-reasoned position of the debtor, i.e. availability of evidence,
From the absence of violation of procedural norms. Those. no matter how evidence-based your basis and position are, if you violated procedural norms, you will be denied on formal grounds.

How to define goals? Set yourself a specific, achievable goal. To do this, evaluate the chances of a particular outcome of the case, realistically imagine the documents you have and the time and money resources that you are willing to spend.

What you can get when going to court:

Minimizing the amount of collection, loan repayment,
Favorable conditions for debt repayment, for example, through restructuring,
Refusal to satisfy the bank's claim for the collection of commissions, if such provisions of the agreement are recognized as illegal,
Recognition of an agreement or part thereof as illegal.

Remember that the goal of refusing to pay off the debt is not feasible, because... By law, you are required to return the amount originally borrowed to the lender. But the amount of interest, fines and penalties can always be challenged.

How to proceed:

When you receive a subpoena, go to court to review the available materials. Understand the bank's requirements, you can make statements or copies,
Please consult a lawyer. Discuss what you can oppose to the bank’s position, how to refute its arguments, reduce your losses,
If there was a petition to seize property, also prepare a petition to remove interim measures,
Prepare documents that will help you in your defense. This could be checks, certificates of reduced income or an extract from the work record book about dismissal, a copy of an application for deferment with refusal from the bank, etc.,
Familiarize yourself with the practice on similar cases on the Internet, learn how to behave, read the code (Civil Procedure Code),
Prepare a plan for action in court, make two plans - a main one and a backup one, so that you understand what you want to achieve in court.

In a court.

Do not agree or immediately refute the bank’s claims and proposals, analyze them, ask for a deferment for this. Perhaps a peaceful settlement with the bank will actually be beneficial for you.
Get an attorney or lawyer to help you prepare for the hearing.
Don't be intimidated by the legal language that the bank representative will use; you don't have to do the same. All you need is to simply, logically and clearly state your point of view and support it with the evidence you have.

If you have questions about how to properly sue a bank or want to understand your situation in detail, order a consultation with any lawyer in your city who deals with financial litigation.

If force majeure occurs, the borrower becomes financially insolvent and can no longer fulfill its obligations to the lender. In this case, the bank begins to act using standard methods: charging penalties; interaction with the debtor through letters, telephone calls; transfer of creditor rights to collectors. But if the debt continues to grow, he is forced to go to court to collect the loan debt and interest due. What should a debtor do in this situation and what consequences await him if he does not pay the loan after a court decision?

What to do if the bank wins a loan lawsuit

Banks effectively use the judicial method of debt recovery with persistent defaulters. After satisfying the creditor's claims for forced collection of loan debt, the court sends a writ of execution to the Federal Bailiff Service only if the conditions established by current legislation are met:

the debtor (defendant) did not challenge the court decision within the period established by law, therefore, the court decision entered into legal force;
The debtor has not repaid the loan debt within 30 days.

The writ of execution will be received by the bailiff for forced collection from the debtor to repay the debt on the loan of property, cash and other income.

However, before a decision is made to initiate enforcement proceedings and the collection procedure begins, the debtor has the right to take one of several steps:

within a month, challenge the court decision on appeal by filing a corresponding complaint in accordance with Art. 321 of the Code of Civil Procedure of the Russian Federation through the court that made the decision;
at any stage of the trial in the court of second instance and until the appeal ruling is made, enter into a settlement agreement with the bank, drawing up a debt repayment schedule;
After a court decision is made to collect the loan debt and accrued interest, apply, in accordance with Art. 434 of the Code of Civil Procedure of the Russian Federation, to the court with a statement of claim for the provision of installment payment for debt under a court decision. The application must contain valid reasons for the inability to pay the debt under the loan agreement at the moment, which must be documented. It also needs to ask the court to grant payment in installments and change the method and procedure for execution, for which it is better to attach a loan repayment schedule. The debtor may ask the court to grant an installment plan for a certain period and indicate the amount of monthly payments.

Note! The debt obligation to the bank will have to be fulfilled, but the debtor can choose the most gentle option for himself - wait for the bailiff to take an inventory of the property or agree with the bank on an installment plan.

Important! If you yourself are looking into your own case related to the bank’s victory in court over a loan, then you should remember that:

All cases are unique and individual.
Understanding the basics of the law is useful, but does not guarantee results.
The possibility of a positive outcome depends on many factors.

Options

The debtor must act according to the circumstances, taking into account the size of the accumulated debt.

To begin with, it is worth trying to resolve the conflict peacefully by concluding an agreement on debt restructuring. This option is suitable for those whose financial difficulties are temporary.

If the bank did not withdraw the statement of claim, the court ruled in favor of the plaintiff, and the debtor did not challenge it, then you need to prepare for a meeting with the bailiffs. The second method is formally legal and is designed to ensure that there is nothing to collect from the debtor. If the borrower does not have an official place of work, a bank account, he does not have any other income, and the property is not his property, then the bailiff will issue on the basis of Art. 47 of the Federal Law " About enforcement proceedings» No. 229-FZ dated October 2, 2007 (Further- Law No. 229-FZ) a resolution to terminate enforcement proceedings in the case due to the impossibility of collection, notifying both parties. However, if the debtor transferred the property to relatives or close people, then such a transaction may be considered void - even after the court decision has entered into legal force. In this case, the property will be collected and sold at auction, and the proceeds will be used to pay off the debt.

Note! If the amount of debt is more than 500 thousand rubles, the debtor has the right to declare himself bankrupt in court in accordance with the Federal Law “On Insolvency (Bankruptcy)” No. 127-FZ of October 26, 2002.

To do this, he should submit an application to the arbitration court within 30 working days from the moment he learned that he could no longer fulfill his obligations.

When the debtor understands that a difficult financial situation will not allow him to fulfill the court decision, he can file a claim with the court for a deferred payment. Usually, the courts meet such plaintiffs halfway and satisfy their requests, thereby avoiding the seizure of property, accounts and other income.

What if you don't pay after the trial?

After the court decision comes into force, the writ of execution for forced collection of debt will be transferred to the bailiff, who will issue a decision to initiate enforcement proceedings. According to paragraph 12 of Art. thirty Law No. 229-FZ, having received thisresolution, the debtor is obliged to pay the loan debt within 5 days. Otherwise, the bailiff begins a procedure aimed at collecting the debt:

searches for funds, property and other income of the debtor;
sends a writ of execution to the official place of work of the debtor, according to which up to 50% will be withheld from wages to pay off the debt to the creditor based on the provisions of Art. 138 Labor Code of the Russian Federation;
freezes the bank account(s) in order to write off funds to pay off the loan debt;
may impose restrictions on travel outside the country.

Bailiffs have broad powers, but usually act strictly within the law. Therefore, it is best for a bank client who is in debt to solve this problem without conflicts, with the help of a competent lawyer who will help resolve the situation in the early stages of the conflict.

Discuss the issue of the bank's victory in court regarding a loan with a lawyer

This article will help in this matter, and will also tell you what nuances you need to know, whose advice to listen to, and how to win a loan lawsuit on your own without involving a lawyer.

In what case is a claim filed?!

Loan repayments are a common occurrence for every citizen of our country. Loans are taken out for the purchase of household appliances, tuition fees, purchase of a car or housing.

However, unforeseen circumstances always occur and at the most inopportune moment they can deprive the borrower of a stable financial position, which in turn will lead to delays and failure to fulfill obligations under the concluded loan agreement.

If, when the first signs of payment failure appear, you immediately contact the bank, then it is possible to find the optimal way out of the current situation for both parties.

Without fail, the consumer will be offered refinancing or restructuring programs, and an extension or credit holiday will be agreed upon for a specified period.

If you refuse to cooperate with the lender and ignore calls, reminders and letters, then the bank is forced to take action. Some structures cooperate with, others go straight to court.

When collectors are involved in the case, the debtor has a hard time. Because professional “beaters” begin to harass not only the client with constant calls, but also his relatives, friends and superiors.

Considering that the period of “work” of collectors is limited by time, diligent letters and telephone conversations will also be supported by visits to home and office at any time of the day.

If even such methods do not work for the borrower, then the time comes for the bank to file a statement of claim and conduct a court hearing.

What to do when a summons arrives?

It is in the debtor’s interests to appear at all hearings and competently build a line of defense. First of all, you need to remember that any correspondence and conversations with bank employees and representatives of collection firms regarding an existing debt must be recorded and printed for presentation in court.

In addition, the client should also provide the following documents:

a copy of the loan agreement;
receipts for previously made debt payments;
official confirmation of the real reasons that prevented you from fully repaying the amount borrowed (this could be sick leave or an entry in the work book about a layoff, etc.).

If you don’t know what to say in court if you fail to pay a loan, then the best solution to the issue would be to hire a lawyer who has similar experience behind him.

Depending on how objective the reasons are that caused the interference in the timely receipt of payments, there are different directions for building a defense and different specialists handling such cases.

For example, if the delay occurred due to the client’s severe illness or unexpected job loss, then it makes sense for you to seek help from a mediator. These people know the law and are able to achieve full or partial write-off of fines and fees.

In cases where non-payment is due to the client's negligence, a lawyer trained in the industry must defend the interests of the client.

A lawyer will be able not only to obtain permission to reduce the amount of debt, but also to delay the process until the moment when the borrower resolves his financial issues and returns the loaned money to the bank.

How to build protection yourself?!

If you are well informed in jurisprudence, then you can represent your interests during a court hearing without outside help.

But it is worth considering that it will be difficult without consulting a lawyer who knows all the nuances, so you need to carefully think through the strategy and familiarize yourself with the rules on how to behave in court regarding a loan without a lawyer.

Work through a list of questions that the judge and plaintiff will ask. The answers must be clear, stated in legal language, without including emotions, since the debtor’s problems are his personal omission and “putting pressure on pity” and referring to the crisis and the difficult economic situation in the country is not at all appropriate.
During the consideration of the application, it is necessary to take an active position and defend your case. If one of the parties remains silent and does not provide objections or refutations, then by default, the judge can take the opponent’s side, mistaking silence for an admission of guilt. Therefore, it is very important for the borrower not only to be right, but also to be able to competently prove that he is right.
When preparing a package of documents, support everything that can really tilt the case in your direction. In addition to checks and the history of communication with the lender, you can also add a list of objective reasons that have slowed down loan payments and guarantees that the debt will be closed soon. You can also add examples of legal proceedings with similar conditions when the outcome was positive for the borrower to the documentation folder. The ability to operate with the necessary facts and existing information will play a good role.
When thinking about what to say in court if you fail to pay a loan, refrain from giving false testimony in order to sway the judge in your favor, since if the facts of fraud and lies are revealed, you will be charged additional fines and even criminal liability is possible.

If there were facts of intimidation and blackmail from employees of a bank or collection company?!

It is necessary to talk about this at a court hearing, confirming it with copies of correspondence and call recordings, since such behavior violates your rights and freedoms and by proving the presence of illegal actions, you can significantly reduce the amount of fines.

In the event that the bank files a lawsuit, accusing you of failure to comply with conditions that were changed without your knowledge and consent. The most correct decision would be to file a counter-application to appeal the use of unlawful actions of the credit institution in relation to its clients.

A counterclaim should be filed in cases where a credit institution incorrectly charges penalties or charges additional fees. And also in a situation where the borrower warned the organization in advance about the financial problems that had arisen, but he was not offered solutions or concessions.

What if the case is lost?!

Not knowing how to behave in court regarding a loan without a lawyer, it is better not to take risks and use the services of help, since an incorrectly developed line of defense and lack of knowledge of the law can play a cruel joke.

If the case is lost, the borrower will be required to repay the entire debt through confiscation of the property. Attempts to transfer valuable items to relatives will be regarded by the court as fraud and will entail additional expenses and problems.

bailiffs from salary for loan→

If the proceeds from the sale of property are not enough, then deductions from the client’s salary will also be charged (the percentage is approved individually).

Finding yourself in unpleasant loan situations and not wanting to solve them by reaching a common denominator, you will have to say goodbye to a good credit history, which in the future will not give you the opportunity to apply for loans through banking institutions and other financial organizations.

Applying for a loan is always a simpler procedure than returning funds. Various situations may interfere with the closure of debt issues within the specified period, but you should always cooperate and try to resolve the difficulties that have arisen with the bank peacefully, without delaying the matter to court proceedings.

Legal assistance to debtors

In the modern economy, almost all Russian citizens use consumer loans. However, not everyone is able to repay borrowed funds on time. Unexpected job loss, serious illness - not a single borrower is insured against such force majeure circumstances. And the larger the debt, the higher the likelihood that at some point the debtor will be sued and receive a summons requiring him to appear at a court hearing. What to do in this case? How to reduce bank penalties and prevent the court from making an unfavorable decision? If you act clearly and planned, you can correct the situation.

What can a court award for non-payment of a loan?

The first thing you need to do after receiving the summons is to familiarize yourself with the case materials and assess the full scale of the problem. To do this, you must appear at the court office with your passport and write a corresponding statement. After this, you will be provided with all the documents available in the case, including the bank’s claim, from which you can find out how much it wants to recover. In addition, you can view the account statements, loan agreement and payment schedule attached by the financial institution to the statement of claim in support of its claims.

Important! In the claim, you will most likely see that the credit institution, in addition to the principal amount of debt and interest, asks to recover from you all kinds of penalties and penalties, as well as legal costs. As a result, the monetary obligation may increase significantly.

The worst outcome of a court hearing for a debtor is a decision to collect the debt with all the fines accrued by the bank. If the debt is not repaid voluntarily, bailiffs have the right to seize the borrower's property and accounts. Such powers are granted to them by Art. 68 Federal Law No. 229 “On Enforcement Proceedings,” which lists enforcement measures. Thus, the penalty can be applied to things of value, to cash and periodic payments: salary, pension, etc.

Some debtors, fearing confiscation of property, seek to transfer it to relatives or close people. But you should know that such actions may result in criminal liability under Article 159 of the Criminal Code of the Russian Federation “Fraud.”

Stages of trial

Cases in civil proceedings are considered in two stages. First, a preliminary hearing is scheduled, of which the defendant is notified by a summons.

Important! In no case should the borrower hide from the court, as this is fraught with the adoption of an extremely unfavorable decision for him and prosecution by bailiffs. It is better to focus your efforts on building a competent line of defense.

So, the debtor must appear at the preliminary hearing, where the case is prepared for the main trial. Already at this stage, you can explain to the judge the circumstances that led to the impossibility of paying off the loan debt. At the same time, the assessment of all arguments and evidence, as well as the making of a final decision, will be made within the framework of the main hearing in the case, the time and place of which the parties will be notified at the preliminary hearing.

How to behave in court?

The court's decision will largely depend on how strong the arguments in its defense are by the borrower and what documents it provides to support its position. The debtor must prove that he is a bona fide client of the bank and only insurmountable circumstances that led to financial difficulties did not allow him to fulfill his financial obligations on time. Of course, every word must be documented. Evidence may include:

receipts indicating that loan payments have been made;
a copy of the work book with a record of dismissal;
a copy of the certificate of incapacity for work;
a copy of the decision of the Employment Center to recognize the borrower as unemployed;
other documents confirming that the debtor had good reasons for the delay in making regular payments.

Reduced penalties

As already mentioned, for violation of the terms of the loan agreement and the formation of delays, the bank imposes huge penalties and penalties on borrowers. Sometimes the amount of fines even exceeds the size of the loan itself. To prevent the court from fixing in its decision the amount required by the creditor, the debtor must present competent objections regarding this.

Important! The amount of debt awarded for collection can be significantly reduced by using Art. 333 Civil Code of the Russian Federation. Thus, the defendant may file a petition in court to reduce the penalty for failure to fulfill obligations under the loan agreement on the basis that the amount of this penalty is clearly disproportionate to the amount of the principal debt on the loan.

In addition to this, based on Art. 434 of the Code of Civil Procedure of the Russian Federation, the borrower may ask the court to grant him a deferment of debt payment due to a difficult financial situation or to provide for the repayment of the debt in fixed, acceptable payments. Art. 203 of the Code of Civil Procedure of the Russian Federation allows the court to meet the debtor halfway and change the procedure and method of execution of the court decision.

So, if you get sued for a loan, don't bury your head in the sand and try to run away from the problem. Timely measures taken will make it possible to get out of the current situation with minimal losses. All efforts must be directed towards proving to the court your good faith and desire to repay the debt. In addition, it is necessary to document the existence of force majeure circumstances that led to the delay. As a result, the court may take your position and significantly reduce the total amount to be collected, as well as provide you with an optimal debt repayment schedule.

Of course, it will be difficult for a person who does not have the necessary knowledge in the legal field to independently defend himself in court. In such a situation, it is better to use the services of a lawyer specializing in credit matters, who will not only prepare all the required documents, but also competently defend your interests in litigation.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Questions for lawyers

What is the best way to proceed if you are summoned to court over a loan after 6 months of late payments?

I haven't paid my loan for 6 months. I received a summons to appear in court regarding a loan. Is there any way to delay the trial date? What can be awarded for non-payment of a loan?

Lawyers' answers

Vlasov Andrey

Good afternoon If you cannot appear at the appointed time, ask to reschedule the meeting, providing copies of the relevant documents. It is not in your best interest to ignore the meeting. So, at least part of the penalty, if it was declared, can be reduced. They can collect the entire debt + interest + late fees, or foreclose on the collateral if the loan was secured.

Kiselev Roman

Good afternoon. You can write an application to postpone the court hearing, but only for good reasons.

You will be awarded the principal debt on the loan, a penalty, as well as reimbursement of legal costs (for example: state duty).

If you are unable to pay the full amount under the loan agreement, you can ask the court for an installment plan for the execution of the court decision.

Belyaev Evgeniy

Good afternoon. I agree with what my colleagues answered above. I will only add that in accordance with:

Civil Code of the Russian Federation Article 333. Reduction of penalties
1. If the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty. If the obligation is violated by a person carrying out entrepreneurial activities, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.

Therefore, file a petition in court to reduce the amount of the penalty due to disproportionality. In addition, if we are talking about the presence of collateral, you can raise the question of its assessment. Of course, an appraisal examination costs certain funds, but it will give you a delay in time. The case will be suspended for the duration of the examination.

Tell your friends:

Andryuk Daria

Specialist in legal protection of bank borrowers. I provide assistance in defending the interests of debtors in pre-trial and judicial proceedings, I am engaged in the return of illegally accrued insurance and interest, I assist in debt restructuring, and protection from debt collectors.