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When applying for a loan for fairly large amounts, banks often require the borrower to provide one of his trusted acquaintances as a guarantor for this loan. In some banks, the participation of a guarantor in lending is often on a voluntary basis, so the practice of guaranteeing in the field of issuing loans is familiar.

However, life is an unpredictable thing, and circumstances can turn out completely differently. There are also situations when the borrower stops paying his existing debt to the bank. Around this time, the bank remembers the guarantor, for whom non-payments often turn out to be a very unpleasant surprise. So what should a guarantor do if the borrower does not pay the loan? We will talk about this, as well as the rights of the guarantor, in our article.

Role of the guarantor

A guarantor is one of the parties to the loan agreement, which assumes obligations in connection with which it bears full or partial responsibility for the payment of the debt, as well as the fulfillment of obligations under the agreement to the creditor.

Thus, the most important thing in this matter is trust between the borrower and the guarantor.

When a bank asks a borrower to provide a guarantor, it first asks the client to find a person who will guarantee repayment of the debt and will be responsible for the borrower. Thus, the bank seeks to reduce its own risks when issuing large amounts, which is quite expected and logical.

Since a guarantee is a big responsibility, you need to think carefully before signing the relevant papers. It is also strongly recommended that you thoroughly read the loan agreement itself. Many neglect this opportunity, because they believe that their participation is nothing more than a formality. This is not true at all, and familiarization with the documents is of great importance. The documents always specify the degree of responsibility of the guarantor.

She may be: Full –
includes not only the balance of the debt with interest on this loan, but also penalties and fines that will accrue as a result of non-payment. In some cases, even commissions are possible; Partial –

The guarantor also has certain rights, which are prescribed in Art. 364-365 Civil Code Russian Federation. According to these articles, the guarantor has the right:

Dispute the bank's demands, if any, or guarantee agreements;
Demand interest payments and damages from the borrower that were incurred as a result of transferring the amounts required under the loan agreement to the bank;
Obtain creditor rights under this obligation, if the guarantor instead of the debtor fully satisfied the bank's requirements. The guarantor can also grant the right to collect funds from the borrower in the form of an agreement for the amount of the fulfilled claims;
Request all documents from the bank, which contain requirements for the debtor under the loan agreement.

Actions of the guarantor upon termination of payments

As soon as you learn that payments under a loan agreement in which you are a guarantor are not being made by the borrower, you need to contact him. The first thing that the guarantor is recommended to do is try to convince the debtor that delays in payments will lead to.

You can also make loan payments both on your own behalf (that is, on behalf of the guarantor) and on behalf of the borrower. When you deposit the required amount on your behalf, you can save payment receipts for subsequent reimbursement by the debtor.

You, as a guarantor, also have the right to contact the bank and provide various documents that may become the basis for terminating payments or stopping them. Remember that you are a party to the contract, and they cannot refuse to accept your papers.

As a guarantor, you can completely repay the existing loan debt without the participation of the borrower himself. In addition to paying off the debt, you can also cooperate with collectors in the issue of obtaining debt payments from the debtor himself, providing them with the necessary information and providing all possible assistance. At the same time, the collectors themselves can contact you only with the permission of the debtor himself.

When issuing a loan to a borrower, the size of the guarantor’s income is most often not taken into account. Consequently, the amount of payments may be much higher than the guarantor can contribute. This must be taken into account.

Guarantee and recourse

Recourse is the right of the guarantor to demand the full amount of the paid debt, including penalties, fines and overdue debts, which the guarantor paid to the bank (creditor), thereby fulfilling his obligations.

After the borrower's debt is fully repaid, the guarantor is issued the appropriate documents, which indicate the transfer of the right to demand money from the debtor. Along with this certificate, the bank also issues a document confirming the fact of termination of the loan agreement due to its full payment.

It is these documents, as well as payment receipts, that the guarantor provides in court when he files. In a recourse case, the guarantor himself can set payment terms for the borrower, where after each partially paid amount he must give an appropriate calculation. In addition to the court, the guarantor can also contact the collection agency directly.

However, if the debtor refuses to make payments under the terms of the guarantor, then the most effective option is to go to court. A distinctive feature of the recourse litigation is the involvement of the original creditor, that is, the bank. This participant in the process must confirm the fact that the guarantor has fulfilled his obligations and now has the right to make claims against the debtor.

Calculating the debt, penalties, fines, as well as providing all receipts is the task of the plaintiff, that is, the guarantor. That is why it is recommended to use it in matters of drawing up a statement of claim. Litigation on recourse issues is quite common, so the vast majority of specialists have solutions that have been tested in practice.

Exemption of the guarantor from payments There is a certain list of conditions under which the guarantor may not fulfill the requirements of the bank, even if he signed the corresponding guarantee agreement and assumed responsibility.:

Termination of a guarantee may occur for various reasons. Expiration of the deadline for presentation
claim to the guarantor. According to Art. 367 of the Civil Code of the Russian Federation, the guarantee is terminated after a certain period. This period is specified in the guarantee agreement. If a specific period is not specified there, then the guarantee ends one year from the date the guarantor’s obligations begin. However, if the term of the guarantee is determined by the moment of demand, then the bank has two years to file a claim; That is, the debt itself is transferred to another person who becomes the borrower. The termination of the guarantee in this case occurs at the moment when the guarantor refuses to bear responsibility for the new debtor;
Incapacity of the guarantor. If during the validity of the loan agreement the guarantor for various reasons loses legal capacity or becomes disabled, then he legally has the right not to fulfill the obligations assigned to him.

If changes were made to the guarantee agreement or loan agreement, of which the guarantor was not notified, then this could end badly for both the bank and the debtor. The guarantor will only have to fulfill the obligations under the original conditions, agreement with which he confirmed with a personal signature. If the conditions are changed without the knowledge of the guarantor, then he has the right to terminate the contract.

Hello my dear friend! Today I want to discuss with you an unpleasant situation: if you became a guarantor for your loved one or friend, and he stopped paying the loan. The borrower does not pay the loan, what should the guarantor do?

What's the catch with the guarantee?

For a bank, when concluding a loan agreement with a borrower, the presence of guarantors is a safety net and a guarantee. If a person cannot pay his loan, the guarantor will be obliged to pay it. My personal recommendation: You don’t have to go as a guarantor to anyone, ever, even if it’s your close relative who has a stable financial situation now.

How many stories have I heard about how this ruined the relationships of loved ones. There is a proverb: If you want to lose a friend, lend him money. So I would rather say: If you don’t want to lose a friend, don’t go to him as a guarantor.

Joint responsibility

In this case, the guarantor and the borrower bear the same responsibility, including, in addition to the principal debt, fines, interest, and legal costs.

Vicarious liability

In this case, the guarantor is liable only for the amount of the principal debt.

What should a guarantor do first if the borrower does not pay?

As soon as the borrower stops paying, the bank has the right to sue both you and him. As practice shows, the bank does not file a lawsuit immediately, but after waiting for some time, during which fines, penalties, and penalties grow exponentially. Of course, ideally, at the very beginning of the delay, you yourself should come to an agreement with the debtor so that he starts paying, and perhaps help him find a job.

Secondly, you need to secure your property

You need to take care of this at the very beginning of the delay. So that your property is not damaged. Since the bank will sooner or later go to court and, by a court decision, the bailiff will look for different options for repaying the debt to the bank, including your property will be at risk.

Of course, no one will take away your only housing. But if you have a second home, a car, a summer house or other valuable property, then it must be secured. You can find out how to do this with me at a free consultation by signing up using the link

Find out ways to write off debts

Thirdly, prepare competently for the trial

What does this mean and why do you need it? The bank will go to court with a demand to repay the principal debt, interest, fines, and penalties. So, we must definitely try to minimize these fines and penalties. And this can only be done if you prepare a competent objection to the bank’s claim demanding a reduction in these fines. Our lawyers will help you draw up this objection if you sign up for a consultation with us.

Fourthly, at the stage of enforcement proceedings it is possible to reduce the amount of deduction

As soon as the trial takes place and a court decision is made, enforcement proceedings will be initiated against you after some time, during which the bailiff will find your official income. By law, you will be deducted up to 50% of your official income. If you are not satisfied with this option, you can reduce this amount of deduction. You can find out how to do this from our credit lawyer by scheduling a consultation with us.

Do you have the right to sue the borrower?

Of course you have. You will need to have all the facts of the money transfer on hand. However, in any case, even if a court decision is made in your favor, and the bailiff cannot take anything from the debtor, provided that he has no official income and property, then this decision will make you neither warm nor cold.

What are the risks when guaranteeing:

risk of ruining relationships with your loved ones and acquaintances
risk of ruining your credit history
possible loss of movable and immovable property
loss of your official income up to 50%
deterioration of health

How to refuse a guarantee to your friend or relative:

say that you are already a guarantor for another person
voice that you plan to take out a loan yourself and if you are someone else’s guarantor, the loan will not be approved
religion doesn’t allow it and this is your fundamental position in life. No offense
just say no

If the borrower dies, should the guarantor pay for him?

Only if the contract contains such a clause, and also if he agrees to be responsible for the debts when transferring the debt to a new debtor. But such clauses in contracts are extremely rare. Usually, upon the death of the borrower, the heir is responsible for all debts.

To understand your situation in more detail and get a competent step-by-step algorithm of actions, I recommend signing up for our consultation:

Get Individual Consultation

In what cases is a guarantee a good thing?

Only when you are the borrower yourself and they will give you a loan subject to a guarantee. But you also need to weigh the pros and cons before asking someone to vouch for you.

Best regards, Alexander Izotov. Service Veles.

As long as these numbers concern someone else, you don’t think much about them. But once you try it on yourself, the question becomes relevant: what will happen if you don’t pay the loan? What could be the consequences? Is it possible not to repay a loan legally?

Let us immediately note that it is almost impossible not to pay the loan and get away with it in 2017. A borrower with late payments will face persistent and harsh reminders, unpleasant communication with the debtor, and then a trial and debt collection, often with the simultaneous seizure of property owned by the debtor.

However, with a sound approach to dealing with your debt, there are more acceptable options, which will be discussed below.

The banking community keeps unofficial statistics, numbering dozens of reasons that citizens use to explain their refusal to make payments. Let us highlight two main ones.

Reason #1: Declining income of the population

In the first 7 months of 2017 alone, real disposable incomes of Russian citizens decreased by 1.4%. And in just the last 3 years, according to the Higher School of Economics, the average Russian has lost about 20% of his income.

This factor had the greatest impact on those who took out a car loan with a large monthly payment. It is especially difficult for those who suddenly lost their jobs - due to layoffs, conflicts with management, illness or other equally sudden circumstances.

The same applies to a reduction in income due to maternity leave or retirement. If a person had no savings, but had loans, an unexpected loss of a source of income immediately leads to arrears. Or to new debts.

According to the National Bureau of Credit History (NBKI), every second consumer loan is taken out to repay previous loans.

This does not solve the problem of the lack of constant cash receipts, and the borrower plunges into an even greater debt quagmire.

Analysts from the United Credit Bureau claim that 21% of chronic defaulters have 2 loans, 19% have 3. The average debt of people who stop making monthly payments is 750 thousand rubles. Every tenth potential is the owner of a car loan in the amount of over 980 thousand rubles.

Most debtors who have lost part of their income are conscientious: as soon as they have money, they immediately resume payments. Such people themselves initiate and try to come to an agreement with the bank, whose managers often meet halfway.

Reason #2: Deliberate evasion of payment

Of course, the story circulating on social networks about how residents of either Yakutia or Chelyabinsk refused to repay a loan to a bank on the grounds that its founders were foreign companies, and allegedly repaying the loan would be financial assistance to a foreign state, is fake.

In fact, the loan is returned to a legal entity registered in the Russian Federation (foreign banks in our country do not have the right to lend to individuals). But this example illustrates well how inventive those who obviously did not intend to repay the borrowed funds can be.

Here's another typical story: an entrepreneur from Tomsk with a 12-year good credit history in the summer of 2013 decided to buy a local water tower from the mayor’s office and reconstruct it into a residential building. I took out several consumer loans at high interest rates. I sincerely believed that after the work had been completed, the tower would become a good object of collateral, and interest rates would be reduced.

A year and a half has passed. It turned out that the initial calculations were wrong, and a lot more money was needed. I took out a couple more loans - just at the beginning of 2015, after the pandemonium with the dollar exchange rate and the subsequent jump in rates on ruble loans. When there was not enough money for monthly payments, the man decided to go into debt with friends and even took out microloans - just so as not to ruin his credit history.

As a result, he found himself the owner of eight loans at the same time, which he had absolutely nothing to pay off. Banks refused to accept architectural rarities as collateral and lower interest rates. And the entrepreneur stopped paying.

Now he is sure that this should have been done earlier - then there would have been no fuss with microfinance organizations and related problems. Slowly he began to repay the debts of the microfinance organization, and expects to get access to bank loans in a couple of years at the earliest. At the same time, he does not deny himself anything, and continues to reconstruct the tower.

What threatens the debtor: myths and reality

One of my acquaintances - a serious person, a former director of a large organization - is mortally afraid of defaulting on a mortgage loan. He is absolutely sure that immediately after this, riot police will come to take away the apartment, and he will immediately be sent to a colony.

Many people think so, but in fact, banks are much more loyal even to problem borrowers. obliges every credit organization to have regulations for working with debtors, which do not provide for soldering irons or even night calls.

For any bank, a sharp increase in the number of “bad” loans means the need to increase reserves, reducing. Therefore, in most cases, the credit institution is no less interested in you repaying the debt. There are programs for this.

But be prepared for the fact that no one will babysit you. For you, these are your one and only loans, and every fifth bank manager has such loans. Therefore, if you fail to fulfill your obligations on time, get ready for unpleasant consequences.

Consequences of non-payment of a loan

First stage: pre-trial

As long as the bank is handling your debt (and this usually happens during the first 90 days of delay), you don’t have to worry too much: the matter will not go far beyond the law and human decency.

Legal actions of banks in case of late payment of loan payments

At the first delay - an SMS, a call from a bank representative with a reminder, an email with an offer to pay off the debt.
(without your permission) debiting the overdue amount from your account at the same bank. This method applies only if it is specified both in the loan agreement and in the deposit agreement.
Request for payment from the co-borrower/guarantor/guarantor (if any). Some banks, when concluding an agreement, require you to indicate from one to three phone numbers of friends or acquaintances - they will also be informed about your debt and will be asked to influence you.

For the most part, the methods listed refer to mild psychological influences. They are aimed at law-abiding borrowers who have found themselves in an unpleasant life situation and will try to pay as soon as possible. Often banks cross the line and begin to promise measures that they have no right to implement.

Actions of banks not supported by legal grounds

A promise to prosecute the client under the article “Fraud”. Here you must clearly understand that there is no breach of trust in failure to fulfill the loan agreement (this is what constitutes fraud). If you took out a loan on your own original documents, your actions do not fall under Article 152 of the Criminal Code of the Russian Federation; there is no judicial practice in this kind of cases.
A promise to list and auction your property to pay off a debt. Remember: the bank does not have the right to perform any actions with the client’s property (except for what is pledged). So are collectors. This is the exclusive prerogative of bailiffs. And then - after an appropriate court decision and with restrictions, which will be discussed further.
Promise to terminate parental rights. The most delusional threat. Only the guardianship authority has the right to carry out such an action if parents or guardians cannot properly support and raise their children. The bank is not children; loan arrears have nothing to do with family relationships.

At this stage, under no circumstances should you hide from the bank. The best option– when you contact a credit institution before any delays occur. We lost our job and went to the bank the next day.

As long as you are not burdened with a documentary burden of unmade payments, managers will perceive you as a solvent client with temporary difficulties. It’s not a sin to increase the loan term and reduce monthly payments.

How to communicate with a bank representative:

You should always pick up the phone when you receive a call.
First of all, check the first and last name of the interlocutor - often bank databases are “merged” with dubious companies that try to fraudulently lure money from borrowers. It wouldn't hurt to call after the conversation. hotline bank and clarify whether such an employee works.
If technically possible, record the conversation.
Try not to react to the rude tone of your interlocutor. Invite him to calmly state his claims, clarify the amounts and terms of the debt.
Try to find out whether this employee is related to the department in which you took out the loan, or whether he is a bank security officer who is only authorized to bring to you information about sanctions for overdue payments. Just listen to the second one, ask the first one when you can come to the bank to restructure the loan.
It is better to treat direct threats and accusations philosophically: you yourself understand that you have violated the contract, and the bank has no right to do anything illegal to you. You will only lose money if you pay for it yourself; the property will remain with you.

Second stage: court or collectors

After waiting 90 days, the bank decides to move forward with your case.

There are two options: either the proceedings regarding non-payment of the loan will continue in court, or you will have to deal with a collection agency if bank analysts consider it more profitable to include your debt in a package of difficult-to-collect debts and sell them at a discount to collectors.

This happens if the client does not own serious property for possible sale at auction (cars, real estate, and so on).

This is a terrible word for debtors last years often heard.

In April 2016, several masked men broke into an apartment, where they beat the owner, his 17-year-old son and raped his wife. So they tried to “collect” a debt of 5 thousand rubles, overdue for a year, taken out from the Dengisrazu company.

In February of the same year, in Yekaterinburg, a family took 30 thousand rubles from Home Money and delayed repaying the debt for a week. The collectors came when the borrowers' 11-year-old son was at home. They pounded on the door for three hours, cut the wiring and telephone, and filled the keyhole with glue. The child, in a state of shock, somehow made it to a neighbor, and she called her mother.

An egregious incident occurred in Ulyanovsk, where a collector threw a Molotov cocktail at the debtor’s window. He ended up right in the crib where the owner’s little grandson was sleeping. The child received severe burns to his face and body. The reason was a debt of 4 thousand rubles in the RosDengi company.

Trial of a collector from Ulyanovsk

Since there was no legislative regulation of the activities of debt collectors, holding them accountable was difficult.

But on January 1, 2017, the law regulating the collection of overdue debts came into full force (No. 230-FZ of July 3, 2016). It significantly limited the possibilities of debt collectors and largely protected debtors. The number of lawless people in the ranks of collectors has sharply decreased. But it didn’t come down to zero.

For example, in September 2017, a story became public when an employee of a debt collection agency in St. Petersburg sent an elderly woman a photograph of her little granddaughter in a “funeral” interior.

Is it possible to protect yourself from such situations?

Collection agencies can work with your debt in two types:

Either collectors work under an agency agreement with the bank (usually at the pre-trial stage and during the trial),
Or your debt is sold to the agency, and then you become indebted to the collectors.

Despite the difference in attitude towards the debtor, in both cases the debt collectors have the same rights and restrictions.

Collectors have the right	Collectors have no rights
Notify the debtor about any outstanding payments	Call anonymously without giving your full name and name of the collection agency
Call the debtor once a day, 2 times a week, 8 times a month - only to the number specified in the loan agreement	Call the debtor on weekdays from 22.00 to 8.00, on weekends and holidays - from 20.00 to 9.00
Schedule a personal meeting with the debtor once a week	Insult the recipient and his relatives, threaten to cause harm to health or property.
Come to the debtor’s apartment (only with the latter’s permission)	Restrict the freedom of movement of the debtor
Be a creditor's representative in court	Unauthorized entry into the debtor's apartment
	Destroy or damage property
	Tell other people the size of the loan and debt on it
	Trick a debtor into paying him

How to communicate with debt collectors

Always try to find out the full name of the person calling you. This will help not only to reduce the intensity of passions in the conversation, but also, if something happens, to competently write a statement to the police.
Find out who is in charge of your debt - a bank or a collection agency.
Find out whether the interlocutor is authorized to make decisions on your loan - for example, about restructuring. Do not get involved in disputes under any circumstances. The already mentioned Tomsk owner of the reconstructed tower conducted a long correspondence with collectors, in which he did not say a single impolite word and did not dispute a single statement of his interlocutors. In the end, they began to contact him much less often.
If you are threatened, insulted or abused by debt collectors, contact the police.
To avoid being shown the door, take care of evidence in advance: try to record all conversations, including personal meetings, and do not hesitate to videotape any illegal actions of debt collectors.

Trial

If the amount of debt is relatively low (up to 500 thousand rubles - Article 121 of the Code of Civil Procedure of the Russian Federation), at the request of the creditor, the magistrate issues a court order.

This is a document according to which bailiffs collect debt from all the citizen’s accounts, from all his income - in a word, from all income that they become aware of.

You can challenge a court order within 10 days from the receipt of a copy of this document (the judge must send it to the debtor).

If the court order is contested, the amount of debt is more than 500 thousand rubles, or the loan agreement provides for the collection of collateral or property (including co-borrowers and guarantors), legal proceedings begin. The court will send a summons to your home address.

You can avoid receiving it, but this will not give you anything: the issue will be resolved without your participation (the law allows this), and you will not get the opportunity to at least somehow explain your actions and achieve a court decision that is more favorable to you.

Meetings are usually held at your place of registration. It is mandatory to attend them.

Even before the trial, you should stock up on documents confirming valid reasons for non-payment of the loan. This could be a work book with a notice of dismissal, or other papers indicating that you were unable to pay on time.

If there are no good reasons, or you cannot prove them, try to involve a lawyer (especially if expensive property is at stake, which you may be deprived of).

It is important to prove your good faith, so bring to court the maximum number of checks for payments made before the delay.

Remember: if you pay at least 100 rubles monthly towards the loan, this will tell the court about your clearly expressed will to repay the debt.

The best strategy for going to court is:

Acknowledge the debt (if you really have one), constantly talk about your desire to pay it off.
Behave politely and correctly at meetings, do not blame the bank for high interest rates and the brutality of the security service - this is pointless, no one dragged you to the bank at gunpoint and forced you to sign a loan agreement.
Try to support each of your statements with evidence.

If there were actions on the part of the bank that were on the verge of the law, you can file a counterclaim. Both applications will be considered together, and the overall result may be more successful for the borrower.

Based on the results of the hearings, the court makes one of the following decisions:

Oblige the debtor to pay the debt in a lump sum (including through the independent sale of property).
Pay off debt with salary deductions over a period of time.
Repay the loan in full, but without penalties or late fees.
Forcibly collect the debt from the borrower's property.

Within 10 days after receiving the decision, you have the right to challenge it by filing an appeal. It makes sense to do this if you are sure that the court did not take into account significant circumstances (for example, it did not take into account that you got a job and decided to immediately collect the debt at the expense of your car).

Third stage: post-trial

If the court has made a decision to forcibly collect the debt from you, the relevant enforcement documents (court order, writ of execution) are transferred to the bailiffs, and they begin enforcement proceedings.

Bailiffs have the right:

seize or sell at auction property and property rights;
seize or collect periodic payments from bank accounts;
evict the debtor from the apartment (the only housing can be seized, but it cannot be evicted from it).

The law allows for other actions, including on behalf and at the expense of the debtor.

But here is what bailiffs do not have the right to collect:

Land under the real estate located on them - the land cannot be taken away if the house on it remains the property of the borrower.
Household and personal items (excluding luxury items).
Technology and equipment used in the borrower’s professional activities.
Food and cash in the amount of the subsistence level for each family member.
Firewood and other fuels used for cooking and heating homes.
Livestock and poultry (unless they are raised for sale).
Transportation and other devices used by a disabled debtor.
State awards, badges of honor, prizes.

Is it legal to not pay a loan? 6 main ways

There are at least six options to get rid of your credit load in a completely legal way.

Method #1: Termination of the loan agreement

1 This is a method for those who are well versed in legal intricacies. In some small banks, and especially in microfinance organizations, contracts are often not drawn up in real high level. They may contain provisions that contradict the law (for example, on the calculation of interest on loans, penalties, or the collection of overdue payments).

The court's cancellation of such provisions leads to a serious reduction in the debt, and in some (albeit very rare) cases, to a complete cancellation of payments. But this trick, of course, won’t work with documents from large banks.

Method #2: Debt redemption by third parties

2 If collectors can buy your debt from the bank, then why don’t you buy your debt from collectors. Not directly, of course, but through relatives. Or through the company of a rich uncle.

The minimum cost of your debt is 20% of the total amount. Maximum – 50%. So your relatives will also earn extra money from you. Another thing is that not every collection agency will agree to part with a gold mine so easily.

Method #3: Refinancing or loan restructuring

3 If there is arrears, this is not an easy matter, but it is possible if you contact banks such as Tinkoff, Home Credit or Renaissance Credit. Maybe you'll be lucky and you'll get money at high, but not exorbitant, interest rates and pay off your existing debt.

(increasing the loan term with a reduction in the monthly payment and spreading late fees over many months or eliminating them completely) is easier. But the debtor himself must offer this option, and the bank will decide.

Method #4: Credit holidays

4 Not a common option. The bank allows you to pay only interest for a certain time (usually a year), while the payment of the “principal” debt is postponed. Without a good credit history (before the overdue period), there is nothing to count on this option.

Method #5: Loan repayment through insurance.

5 If, when concluding a loan agreement, you bought a special product from an insurance company - insurance against non-payment of debt - then your debt (if there is a valid reason specified in the policy) will be paid off by the insurers. The pleasure is expensive, and only a few go for it.

Method #6: Bankruptcy of an individual

6 Possible if you have a debt of 500 thousand rubles, no property and a high monthly payment. The procedure is complicated and entails the loss of the right to take out loans, hold leadership positions for 3 years, travel abroad, and so on. Cost – at least 40 thousand rubles.

How to legally avoid paying loans

FAQ

QUESTION: Is it true that if you hide well from the bank and bailiffs, in the end everyone will forget about you and you won’t have to pay?

– There are situations when debtors get away with it. For example, this year, a pensioner from Vladimir had 4 million rubles of debt written off after she filed for personal bankruptcy, and the court decided that she simply did not have any property to recover. But this rarely happens.

Stories like this are more common: a woman entrepreneur from Rostov-on-Don took out a loan for her daughter’s education. Then another one - to cover business losses during the crisis. Then another and another... Now she has 6 loans, three of which are already being collected by the bailiffs. Plus, a criminal case was opened against her under the article “Fraud” due to the fact that the woman borrowed money from a friend to repay one of the loans, and then went into hiding so as not to repay the debt. The business is closed, the store is seized, the house is also seized, the husband left, the daughter dropped out of university.

But what other consequences threaten those who do not repay the loan or hide from bailiffs:

QUESTION: Can they be sentenced for real time for non-payment of a loan?

– According to the Criminal Code of the Russian Federation (Article 177), only malicious defaulters can be brought to criminal liability (they took out a loan knowingly without the desire to repay, did not make a single payment) if the amount of debt exceeds 1.5 million rubles. But even in this case, sanctions may be different:

fine from 200,000 rubles;
deduction from salary/other income for a period of up to 18 months;
compulsory work for up to 480 hours;
forced labor for up to 2 years;
arrest up to 6 months;
imprisonment for up to 2 years.

QUESTION: Can a bank forgive a loan that has expired?

– We recommend reading on a topic with good examples, judicial practice, etc. In short, yes, you can avoid paying off your loan after the three-year statute of limitations expires. But in practice, this can be a much longer period, during which you will actually have to be in a semi-legal position... Is the size of your loan worth such sacrifices?

The fact is that the statute of limitations applies to each installment on your loan payment schedule. This means that another 3-5 years can be added to three years, and in the case of a mortgage – even 10-15-20 years. Open the article about the limitation period using the link above, there are detailed and visual calculations, everything will become clear to you right away.

If you nevertheless decide to resort to such a scheme, then do not forget about the story of the family members of the borrower from Taganrog, who did not pay the loan for 3 years, went to the other end of the country and returned only when he learned about the cancellation of the debt.

His relatives were happy with him right up until the moment they tried to take out a loan themselves. Despite the cleanest credit histories, not a single bank in the city gave money to anyone related to the cunning citizen. They were told in secret that they were all blacklisted for life as borrowers and could only count on money from microfinance organizations.

Conclusion

So, friends, every person in life can have a bad streak. And if it affected your loans, then you need to clearly understand that your credit history will be damaged and in the future, when you need a loan for something very important, you will not get it.

Get ready for the fact that the bank will not just leave this matter, you will have to repeatedly communicate with the credit institution’s lawyers, possibly collectors, and these conversations will not be pleasant.

But if this happens, then first of all try to negotiate with the bank, find a compromise solution (credit holidays, restructuring, refinancing, etc.).

Collect all documents that you may need in the future in court to prove the impossibility of paying the loan or your insolvency.

Finally, if you decide to start hiding, then, in addition to the consequences listed in this article, remember the boomerang law. Everything in this life comes back and you have to pay for everything. There is no need to deceive anyone, live honestly, accept all the hardships of life bravely and look for legal ways out of any situation.

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What should the guarantor do when the borrower fails to pay loan payments? Today, almost every second Russian has encountered loans and bank loans. Bank requirements for issuing loans have become somewhat stricter over the past few years.

It's justified big amount debt on loans from borrowers. Banks try to protect themselves as much as possible from such situations and not only take a more demanding approach to issuing loans, but also offer to insure the borrower’s loan and invite a guarantor (see).

Many people agree to a guarantee without thinking about the consequences that may occur if the borrower is unable to repay the loan. This is a big mistake.

Liability of the guarantor. What do you need to know?

First of all, it is necessary to understand that the guarantor assumes responsibility and responsibilities for repaying loan payments if the borrower is unable to pay. The guarantor is liable with his property to the bank in case of refusal of the borrower's lack of property.

According to the law, under a guarantee agreement, the guarantor undertakes to be responsible to the creditor of another person for the latter’s fulfillment of his obligation in whole or in part. A surety agreement can be concluded to secure both monetary and non-monetary obligations, as well as to secure obligations that will arise in the future.

The guarantee agreement may specify the guarantee period during which the bank can make claims against the guarantor in cases of non-payment of the loan by the borrower.

The borrower does not pay the loan. What should the guarantor do?

In such a situation, the guarantor first needs to contact the borrower and find out the reason for non-payment of loan payments. Perhaps the reason for non-payment is not fraudulent and the borrower simply needs to contact the bank to restructure the loan.

If the borrower does not agree to the restructuring or does not get in touch at all, it is worth going to the court at the borrower’s place of residence with a claim for fraud. But such cases are not considered by the courts very quickly, so the guarantor may receive reminders from the bank to repay the debt, and subsequently a subpoena.

Having received the summons, you should immediately contact the court where the hearing will take place and familiarize yourself with the case materials.

Then you should carefully prepare for the upcoming court hearing. To do this, carefully read the contract again; perhaps the contract provides for insured events; it is also worth asking the bank for a schedule of loan payments made.

At this stage, it is also recommended to seek professional help from lawyers. Who can advise and help determine the procedure in court, check the calculation of the bank’s financial requirements, etc. You can use the services of a representative lawyer in court.

Of course, the court cannot completely remove the responsibility for payments from the guarantor, but it is quite possible to reduce the penalty. If you categorically disagree with the decision, you can appeal it to higher courts.

The most correct behavior of the guarantor, in cases where the court decision cannot be appealed, is to independently contact the bailiffs and agree on regular repayment of the debt.

What can bailiffs take away from a guarantor?

By decision of the court, bailiffs can take away the guarantor’s property, but not all of it, as is commonly believed.

The bailiffs will not be able to take away the only housing for living, things and necessary tools for work, or the disabled person’s vehicle.

What should the guarantor do after repaying the borrower's debt?

According to the law, after paying all the borrower’s loan payments, the guarantor has the right to go to court to recover these funds and.

To do this, you need to file a claim with the court at the defendant’s place of residence and prepare the necessary package of documents (a surety agreement, a loan agreement, a court decision to collect the amount of debt from the guarantor, receipts for payment of the debt, etc.).

When concluding a surety agreement, it is worth calculating in advance the possible risks and your financial capabilities in cases of necessary repayment of the borrower’s loan.

The article was prepared by experts of the Arbitration Court.

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