For many borrowers, the problem of an unpaid loan has dragged on for years. And all this time, the debtor rightly believes that after three years he will not be able to pay the loan on completely legal grounds.
Indeed, in the Civil Code of the Russian Federation there is a concept as a limitation period.
According to the current legislative norms, a person whose right has been violated has every reason to have a favorable outcome of the case when applying to the court before the expiration of the limitation period.
In particular, in case of non-payment of accounts payable, the bank has every chance to recover from the debtor through the judiciary the remaining debt on the loan with the payment of all due interest, penalties and fines for delay in accordance with the signed loan agreement, if the claim is filed before the expiration of the above period.
But even after the expiration of the term, the plaintiff still has the opportunity to apply to the court with a claim to protect his own interests in accordance with Article 199 Part 1 of the Civil Code of the Russian Federation (www.zakonrf.info/gk/). In this case, the court considers all the circumstances of non-compliance with the deadline for filing a claim and, in the case of existing legal grounds, takes the side of the plaintiff.
Filed a claim with the court after the expiration of the term, the borrower has every reason to file a petition for filing with the judicial authorities, which will state the fact that the time for filing a claim has expired.
What date is the starting point in the calculation
Many borrowers who have not made payments on existing accounts payable for a long period of time rely on the fact that the remaining debts have already expired and the bank does not have the right to insist on payment of existing debts. In this case, the debtors count on the statute of limitations, which, according to the current Russian legislation, is three years.
But the main point of contention remains the question: from which day to start. In any case, you should not expect that this will not be the date of obtaining a loan or signing a loan agreement.
Depending on the court, the same circumstances of the case may be interpreted differently.
The basis of the count can be taken:
- the date of the last payment on existing accounts payable.
- expiration date of the loan agreement.
This means that if, under the existing conditions, the loan agreement was concluded on 01/01/2014 for a period of 5 years, and the borrower made the last payment on the loan on 01/01/2015, then in the first case, the limitation period will begin its countdown from 01/01/2015. , and when taking the second calculation option as a basis, the starting date will be 01/01/2019.
The first position is held, in particular, by the Supreme and Supreme Arbitration Courts of the Russian Federation. But many courts take the second option as a basis, referring to Article 200 of the Civil Code of the Russian Federation (www.zakonrf.info/gk/), according to which, for obligations with a clearly specified deadline for final fulfillment, the limitation period is counted from the moment this period expires.
And in the case of accounts payable, the due date for existing obligations is the date of expiration of the contract for the issuance of a loan, which is taken as the basis for the reference.
It is also worth noting that if the borrower issued a loan, but did not make a single payment to repay it, then the reference date will be the moment the bank discovers the existing debt on the loan and officially notifies the borrower about this.
But if the borrower did not draw up a loan agreement, but has a credit card debt, the validity period of which is not established by the existing obligations under the contract, then the second reference option will not be correct from the outset. With this option for obtaining a loan, the court has only one possible reference date: the day of the last deposit of money by the debtor for the existing debt or the date of the officially recorded appeal of the bank to the borrower with a notification of the existing overdue debt.
Rules for calculating the limitation period for a loan to individuals
When the statute of limitations calculation is reset to zero and a new countdown begins:
- In the event that the bank issues a demand for the payment of outstanding amounts on the loan ahead of the deadline established by the agreement (such a demand is made in the form of a registered letter with a mandatory notification of receipt).
- When different kind contacts of the debtor with bank employees, officially confirmed.
- When the debtor draws up an application for refinancing the debt.
It should also be borne in mind that the bank does not have the right to set the limitation period at its own discretion, fixing this with certain clauses of the existing contract for issuing a loan. According to the current Russian legislation, it is equal to three years. And any agreement for the issuance of a loan indicating other data will be recognized by the judicial authorities as void.
The statute of limitations for bank loans is described in the video.
Legal interruption of the limitation period for bank loans
The limitation period may be interrupted if the debtor had any official contacts with the bank.
It could be:
- Signed additional agreement on changing the terms of loan repayment.
- Official letter from the borrower about the extension of the payment time.
- Registered letter from the bank, in receipt of which the borrower signed.
- Partial repayment of the debt by the borrower, which may have been the bank's condition for extending or changing the terms of payment under the loan agreement.
- A telephone call from a bank employee, to which the borrower answered and the bank was able to prove in court that it was the borrower who answered (for example, the bank has a recording of the telephone conversation).
The presence of the borrower in the bank, for example, regarding the withdrawal of cash or to familiarize himself with publicly available information provided by bank employees, will not be considered official contact with a banking institution.
In the event of the sale of accounts payable to collection agencies or other third-party firms and interested offices, the limitation period is not reset to zero.
In any case, it is worth remembering that each case of accounts payable has its own nuances and only a lawyer has the opportunity to fully assess the existing moments and features of the case, which in the end can change the final outcome of the court session.
In addition, you should not count on the fact that after the expiration of the term, the banking institution will give up trying to return their money. Especially considering the fact that the law does not prohibit a party interested in filing a lawsuit from going to court after the expiration of the limitation period.
It is also worth considering that the bank retains the right to remind the debtor of unpaid amounts, call him, send official letters asking him to pay the existing debt, etc. And in this case, it is enough to write an official application to the bank with a request to withdraw personal data.
But do not forget that the bank has the right to transfer the remaining amount of debt on the loan to collection agencies even at the expiration of the term. In this case, there will be minimal chances for a favorable outcome of the case in court, and the most stringent measures of influence can be applied by the agency to the debtor: starting with threats by phone and ending with forceful measures of influence.
Bank employees may deliberately not exert any pressure on the debtor by not reminding him of unpaid amounts for a long period of time, up to last month expiration of the limitation period. And relatively speaking, after two years and 11 months from the date of calculation of the cherished date, file a lawsuit in court to recover not only the amount of debt on the loan, but also the amount of all penalties and penalties that have accrued for the entire time of non-payment of the debt.
And there is a high probability that the court will satisfy the claims of the plaintiff represented by a banking institution. In this case, the borrower will have to pay the bank an amount that is many times higher than the original debt on the loan.
There is certainly a chance that bank employees will miss the statute of limitations on a loan, but not the biggest. And the larger the amount of the loan, the more likely that in the event of a delay, bank employees use all possible measures to return the borrowed funds.
In case of financial difficulties, the choice remains with the borrower:
- apply to the bank with a formal request to extend the obligations to pay the loan and thereby start a new countdown in determining the date for calculating the limitation period for the loan.
- do not pay bills, be patient, counting on the oversight of bank employees and your own luck, if the bank turns to the services of a collection agency.
If the limitation period has expired, and bank employees have no reason to extend it, i.e. the borrower did not enter into any contacts with the bank and collection agencies, the debtor can safely ignore all requirements to repay the debt.
And in the case of using harsh methods of pressure, apply to the prosecutor's office.
But, if financial opportunities allow you to pay off the debt, then it is better to pay off the bank, you should not abuse your rights, ignoring obligations.
Limitation period: new clarifications of the Supreme Court of the Russian Federation, see the video.
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They took a loan from a bank and faced a situation where it became problematic to pay: did you lose your job or get sick? Or even worse: once upon a time, foolishly, they vouched for a distant relative, who, moreover, recently died, and today you received a subpoena! When is the statute of limitations for a loan? Will the bank write off the debt? Is it possible not to pay?
In this material, we will deal with the subtleties and nuances associated with the limitation period for bank loans and cards. individuals in Russia.
The limitation period for a loan is the time during which the bank can recover the loan through the courts. The bank can demand payment of the loan through the court from the borrower, guarantor or assignee. The successor is the heir of the deceased debtor.
Below in the article, we described in detail how the bank operates in such cases, what kind of property bailiffs can describe in you, gave examples from judicial practice, in one of these examples a person took a loan of 100,000 rubles, stopped paying, and after the trial returned to the general complexity 213 608 rubles.
How much is and from what moment to calculate the limitation period
The Civil Code states (Article 196) that the general limitation period is three years.
From when do you count three years? This issue is controversial. Some lawyers believe that each individual payment should be considered separately. Their opponents propose to count from the end date of the loan or loan agreement. Still others count from the date of the last payment.
Which of them is right? Let's turn to the laws. Article 200 of the Civil Code of the Russian Federation says that it is necessary to count from the moment the party whose right was violated learned about this violation. What does it mean?
The loan agreement contains a payment schedule, according to which the loan must be paid on a certain date of each month. As soon as you are late in payment, the bank will know about it. So, from this day we count three years. For the next payment, the limitation period begins to be considered as soon as it is overdue, etc.
That is, for each payment, the limitation period is considered separately.
Example: Pavel took a loan of 36,000 rubles for 12 months on February 14, 2015. On the 14th day of each month, the monthly loan installment must be paid. The first three months: until May 14 inclusive, Pavel regularly makes payments. June 14 is the date of the next payment, but Pavel does not pay or does not make the payment in full. From this moment, the creditor already knows about the delay, the limitation period for this payment begins to flow.
A month later, the amount of the next payment plus a late payment penalty is added to the amount owed. For this amount, a three-year period is considered already from July 14, 2015, etc. (see table 1).
Table 1: Calculation of the limitation period for loan payments
| Date of the next payment according to the schedule | Beginning of the statute of limitations | When the statute of limitations expires | |
| Loan start | 14.02.2015 | – | – |
| Paid | 14.03.2015 | – | – |
| Paid | 14.04.2015 | – | – |
| Paid | 14.05.2015 | – | – |
| Delay | 14.06.2015 | 15.06.2015 | 15.06.2018 |
| Delay | 14.07.2015 | 15.07.2015 | 15.07.2018 |
| Delay | 14.08.2015 | 15.08.2015 | 15.08.2018 |
| Delay | 14.09.2015 | 15.09.2015 | 15.09.2018 |
| Delay | 14.10.2015 | 15.10.2015 | 15.10.2018 |
| Delay | 14.11.2015 | 15.11.2015 | 15.11.2018 |
| Delay | 14.12.2015 | 15.12.2015 | 15.12.2018 |
| Delay | 14.01.2016 | 15.01.2016 | 15.01.2019 |
| End of loan | 14.02.2016 | 15.02.2016 | 15.02.2019 |
Limitation period for a loan for a guarantor
If you have signed a loan guarantee agreement, which was taken by a relative, friend or other person, and this person has stopped paying the loan, then bank representatives will contact you. Offer to pay the debt. It is clear that you do not want this at all. Let's deal with the issue of limitation of actions for the guarantor.
The guarantee is valid for as long as it is given. This period must be specified in the guarantee agreement. If no specific date is specified, the guarantee is valid for one year after the end of the loan agreement. If during this period the bank does not file a claim with the court, then the guarantee ends.
It should be borne in mind here that this term is preemptive - that is, the obligation itself is terminated: it cannot be restored, interrupted or counted again.
Even if the bank sues the guarantor after more than one year after the end of the loan agreement or after the period specified in the surety agreement, then you need to declare the termination of the obligation, referring to clause 6 of Article 367 of the Civil Code of the Russian Federation.
In practice, there are situations when the loan agreement is still valid, and the borrower dies before he has time to fully repay the loan. What in this case awaits the guarantor?
Limitation period for a loan of a deceased borrower
It all depends on the terms of the contract of guarantee. And there are two options:
- If the guarantee agreement contains a clause stating that the surety agrees to be responsible for the new debtor in the event of the death of the debtor, then the guarantee does not terminate. And after the successor (the heir of the deceased debtor) is established, the guarantor will continue to be liable under the contract, but for another person.
- If the guarantee agreement does not contain a clause stating that the guarantor agrees to be responsible for the new debtor, then after the transfer of the debt to another person (the heir of the deceased debtor), the guarantee terminates.
If the debtor dies, this does not affect the term of the guarantee. It is valid for as long as specified in the agreement or for a year after the end of the loan agreement.
Credit card statute of limitations
For a credit card, as well as for a loan, the limitation period is three years. In bank agreements for the provision credit card usually there is no payment schedule. However, the terms of the contract stipulate that the debt must be repaid in installments.
For example, such wording: "the borrower is obliged to pay at least 10% of the used credit limit monthly no later than the date of such and such."
If the next payment is not made, the bank learns about it (it becomes aware of the violated right), respectively, from the date of delay and the limitation period begins to flow.
The statute of limitations may be interrupted
The limitation period may be interrupted and three years will need to be counted again - in this case, the bank will receive an advantage. This will happen if you:
- write an application for a loan extension or deferred payments;
- sign - revising the terms of the loan agreement, in which payments become smaller and the term is longer;
- received a claim from the bank demanding repayment of the debt and wrote an answer that they did not agree with the debt;
- and other actions that indicate acceptance of duty.
Attention! If you don't want the bank to be able to sue after the statute of limitations has expired, don't sign any acknowledgment papers.
These issues are explained in detail by the Supreme Court in the Decree of the Plenum dated September 29, 2009 No. 43 “On some issues related to the application of the norms of the civil code Russian Federation on the statute of limitations."
There is an opinion: if you deposit any amount to pay off the debt, then this will be regarded by the bank as the debtor's consent to the debt and the limitation period will be interrupted.
However, the Resolution of the Plenum states that if the borrower contributed only part of the money, this does not mean that he recognized the debt as a whole, therefore, it does not interrupt the limitation period for the rest of the payments.
In practice, there are cases when the deadline has passed, but the bank still went to court, what to do in this case?
The statute of limitations has passed, will the bank write off the debt?
Firstly, you should not hope that the bank will miss the deadline and the “loan will burn out”.
Secondly, the bank can sue you even after the expiration of the limitation period. Moreover, the court can satisfy the creditor's claim and describe your property. But you can avoid it if you behave properly. How exactly? We have described this in detail below in the section “What to do if three years have passed and the bank has filed a lawsuit”
Third if the bank does not go to court, then it transfers the right to claim (this is called an assignment agreement). And they will begin to diligently “knock out” debts from you, call your work, relatives, arrange all sorts of dirty tricks, threaten and blackmail. Until now, there are cases when debt collectors sealed the doors of debtors with glue, painted the walls of the entrance, beat the debtors and tortured them like racketeers of businessmen in the 90s.
Fortunately, on January 1, 2017, the law on protecting the rights of citizens of the Russian Federation from unscrupulous collection agencies and microfinance organizations came into force, which is designed to protect debtors from such actions. Nevertheless, the collectors still have instruments of moral pressure.
If you are experiencing difficulties with collectors, we recommend that you read our materials on how to behave with them correctly:
What to do if three years have passed and the bank has filed a lawsuit
The bank can legally file a lawsuit even after the statute of limitations has expired. Therefore, do not be surprised if after the expiration of the three-year period you receive a summons.
The fact is that judges themselves do not check the statute of limitations until the defendant declares this (Article 199 of the Civil Code of the Russian Federation). It is your duty to defend your interests.
All you have to do is tell the judge during the trial that you are asking for Art. 199 GK (Application of limitation period). After such a statement, the court will deny the bank a claim, and you can breathe easy.
After the court refuses the bank’s claim, the bank will not write off, even if you receive a salary on a card in this bank, and will not take away the property that you left as collateral for this loan.
You can declare the expiration of the limitation period not only during the trial, but also in other ways:
- write a written statement (petition) and give it to the court session;
- submit a petition to the court by registered mail with acknowledgment of receipt;
- submit an application to the court office.
If you submit through the office, it is better to write in two copies, on one of which the employee of the court office must mark the receipt. .
Let's look at a few examples from judicial practice that will show how real people behaved in such cases.
Cases from judicial practice
Svetlana appealed the decision of the court of first instance
Svetlana took out a bank loan in March 2011 for a period of one year. For three months she regularly made payments, on the fourth, due to personal circumstances, she stopped paying the loan. She made her last payment in June 2011.
In October 2016, she received a subpoena. As it turned out, the bank filed a lawsuit to recover the debt on the loan - principal, interest, late fees for the entire period from June 2011 to October 2016. Svetlana fell ill and did not appear in court. The judge decided in favor of the bank - to recover the entire amount of the debt.
Svetlana filed an appeal - she appealed the decision to a higher court. She referred to the omission of the limitation period and asked the court to apply Art. 199 GK. The Court of Appeal agreed with her arguments and canceled the decision of the court of first instance - decided to dismiss the bank's claim.
Jacob reduced the amount of debt
In September 2017, the bank sued Yakov for the recovery of overdue loan payments. The debt was calculated from September 2013 to September 2015.
In court, Yakov said that he did not agree with the bank's calculation and provided his own. According to his calculations, from September 2013 to September 2014 (three years before the filing of the claim), the statute of limitations expired.
The judge agreed with Jacob's arguments and ordered the bank to recalculate the amount of the debt. As a result, the court decided to collect the debt only for the period from October 2014 to September 2015.
These examples are given solely so that you understand how to behave in court in such situations. But this does not mean at all that the loan can not be paid. Why, let's look further.
What happens if you don't pay at all?
If for some reason you decide not to pay on loans at all, then this threatens you with the following unpleasant consequences:
- you will spoil your credit history and it will be problematic for you to take new loans in the future;
- the debt will grow - interest and penalties for delay are added;
- if not a single payment was made, then such actions can be regarded as fraud, and this is already a criminal liability (Article 159 of the Criminal Code of the Russian Federation);
- bailiffs can prohibit traveling abroad, for this it is not necessary to have millions of debts, a debt amount of more than 30 thousand rubles is enough.
If you decide not to pay the loan at all, the bank will disturb you with calls and claims. Bank security officers will send SMS and write to social networks, including your friends. Just changing your SIM card is not enough to get rid of moral pressure.
The most annoying thing is that they will call all the phone numbers they find. Including your friends, relatives, colleagues. Mother, mother-in-law and boss find out about the duty. Yes, according to the law, banks and collectors cannot threaten debtors and mislead them, but in some cases this is not required. The goal of bank employees is to achieve payments by acting on nerves, conscience and kindred feelings.
History from life:
Masha got loans. At first, I missed one payment due to the fact that I did not correctly calculate my salary and spent it on new clothes, although I had to pay off the loan first. Then I missed another payment. Debt began to grow like a snowball. As a result, the girl “scored” on loans.
After some time, collectors began to call. At first they were polite to her. Then they began to frighten us with courts and bailiffs. Masha promised to pay, even made some payments, but did not cover the entire amount of the debt. The collectors began to increase the pressure, found the phones of her parents, began to call them, to scare them that they would take the apartment because of a petty debt.
The mother of the debtor, who was not savvy in legal matters, got scared and began to put pressure on her daughter worse than collectors. It's one thing when you ignore collectors, don't answer. blocking their phones. But hiding from the anger of parents is much more difficult.
The next step - the bank goes to court or attracts collectors.
If the bank sues within the statute of limitations, the decision will not be in your favor. The debt will have to be returned, only a penalty for late payments, legal costs of the bank and will be added to it.
When the decision comes into force, bailiffs will come to you to describe the property in order to sell it at auction and repay the bank. If the property is not enough, a document will be sent to you at work - a writ of execution. A certain part (up to 50%) will be withheld from each salary and transferred to the bank.
If you do not officially work and there is no property, then the bank will periodically send a writ of execution to bailiffs, up to your pension. After you become a pensioner, the writ of execution will be sent to the Pension Fund and will be withheld from your pension.
Case from practice:
Gennady took out a loan - 100 thousand rubles at 20% per annum for a year. Every month, according to the payment schedule, you need to make 9,263 rubles. The total overpayment on the loan for the year is 11,159 rubles. A perfectly acceptable amount. But this is if Gennady regularly paid. However, after five months, he stopped paying. As it turned out, in the loan agreement there was a clause on a penalty for missing payments - 0.5% per day (!) Of the amount owed.
A year later, the bank sued. The total amount of the claim amounted to 152,379 rubles, of which 87,538 rubles was a penalty for late payments. Plus, legal expenses (state duty) were added to this amount - 4,248 rubles.
The court granted the bank's claims. Plus, the bailiffs collected from Gennady a performance fee equal to seven percent of the amount of the recovery - 10,666 rubles.
But before that, Gennady had already paid 46,315 rubles, when he paid regularly. It turned out that he took 100 thousand rubles from the bank, and returned a total of 213,608 rubles. To do this, he had to sell the car.
You don't have to wait for the court. If you have difficulties: you lost your job, got sick, and you need to pay a loan, agree with the bank on a deferment or installment plan of payments, and do not wait until the debt grows like a snowball or collectors call.
What debt will not be released abroad
If the amount of the debt on the writ of execution is 30 thousand rubles (from October 1, 2017, earlier - 10 thousand rubles) or more, then keep in mind that most likely you will not be able to relax abroad, since the bailiff imposes a restriction on departure from the Russian Federation - sends the relevant decision to the Border Control Department.
This decision is valid for six months. If the debt is not paid during this time, the bailiff will send a new resolution.
But even if the amount of the debt is less than 30 thousand rubles, but more than 10 thousand, then after the writ of execution enters the bailiff service, the debtor is given 5 days to voluntarily pay the debt. If after these 5 days plus two months the debtor does not pay the debt, then the bailiff has the right to also restrict travel abroad. Moreover, the amount can be made up of different writ of execution. That is, in this case, an amount that exceeds only 10 thousand rubles is enough to restrict the exit.
Is it legal to transfer debt to debt collectors?
Please note that the expiration of the statute of limitations does not prevent the bank from selling the debt to collectors. Moreover, this is common practice. Of course, banks tend not to wait until three years have passed, but get rid of problem assets earlier.
There is a lot of conflicting information on the Internet that it is illegal to transfer debt to debt collectors. Allegedly, this is a violation of banking secrecy and the law on personal data.
Let's figure it out.
It all depends on the terms of the documents that you signed at the time of receiving the loan: the loan agreement and consent to the processing of personal data and the date of receipt of the loan.
If you took out a loan before July 1, 2014, then the loan agreement and the consent to the processing of personal data must provide that the borrower is not against the transfer of data to third parties. Then the bank can transfer the debt to collectors by law.
On July 1, 2014, a law came into force, according to which the bank can transfer the debt to third parties, even if this is not specified in the contract. It is enough that the contract does not contain a direct prohibition on such actions (Article 12 of the Federal Law “On Consumer Credit (Loan)”).
If you find that the debt was transferred to collectors illegally, complain to Roskomnadzor. To file a complaint:
- A form will open for filling out - indicate in it the requested data (name, subject of the appeal, email, place of residence).
Screenshot 2
- Describe the situation - briefly, concisely, to the point, without emotion.
- Attach supporting documents: loan agreement, written requirements of collectors or records telephone conversations.
- Enter the security code, click send.
In what cases the debt can not be paid according to the law
There are no legal grounds on which you can simply take and not pay the debt on the loan. Companies that promise to help cancel a loan are best not to be trusted. But there are cases when the law is on the side of the debtor:
- the limitation period for the loan has expired, and the court dismissed the bank's claim due to the expiration of the term;
- the bank wrote off the debt as bad: in practice, such cases are extremely rare - it is easier for the bank to sell the problem asset, especially since the law does not oblige banks to write off debts;
- a written agreement was concluded with the bank, where the debtor agreed to pay part of the debt, and the bank to write off the balance;
- if an insurance contract was concluded and an insured event occurred, according to which the insurance contract provides for the condition that the balance of the debt is paid by the insurance company.
Example: The insurance contract states that if the debtor becomes disabled, the loan balance is covered by insurance. In order for the insurance company to pay the rest of the debt for you, you need to send it a notification of the occurrence of an insured event. In response to the notification, the insurance company will provide a list of documents and further actions.
Answers to frequently asked questions:
A year ago, the debt was transferred to collectors, how is the limitation period calculated in this case?
Answer: The transfer of debt to collectors does not affect the course of the limitation period.
How is the statute of limitations for overdue loans calculated?
Answer: for each overdue payment, the limitation period is calculated separately.
Consumer loan debt nine years ago. Do you need to give?
Answer: Only if a decision is received in favor of the bank to recover the debt from you, and you cannot appeal it. In other cases, the decision is on your conscience.
Is the statute of limitations on the loan expiring and collectors have begun to disturb? What to do?
Answer: Offer to meet in court. If the statute of limitations has passed, then declare it in court, and according to the law, no one will demand anything from you.
Conclusion
- Consider your options before taking out a loan.
- If you cannot pay the loan due to illness, job loss, carefully read the insurance contract, perhaps in this case the debt can be covered by insurance;
- Agree with the bank on or refinance the loan (see also:,;
- Read the papers you sign carefully.
- Remember that the court itself is not obliged to apply certain legal norms. And if the bank sued you, and you consider it unreasonable, be sure to prove your point of view in court, refer to the laws. )
According to the current legislation, any financial institution that has granted a loan to its client may demand repayment of the debt, as well as fines and penalties within 3 years, which is the statute of limitations. It would seem that it is quite legal to avoid paying on a loan - you just need to draw up an agreement, disappear from the bank's field of vision and appear already when all the terms have expired. But in fact, everything is far from being so simple. What's the catch? This is what we are going to deal with now.
Common misconceptions about loan expiration dates
All those unscrupulous borrowers who consider the statute of limitations a loophole for failing to fulfill their obligations will be severely disappointed. Why? Before answering this question, we will give common myths, which, oddly enough, can be found even on some quite serious sites on the net. There are several of them:
- the statute of limitations is counted from the very moment you signed the loan agreement;
- both the financial institution itself and the collectors it attracts are deceiving you, talking about the possibility of stretching the three years specified in the legislation for a much longer time;
- the limitation period does not depend on the next payments and the time allotted for repayment of the debt under the contract;
- even if the bank is actively bombarding you with letters and calls demanding to repay the debt, the deadlines continue to expire, and in the very near future you will be able to free yourself from all obligations.
Once again, we repeat that everything listed above has nothing to do with the actual legal norms. If you believe even one of these myths, you will only get into very serious trouble. And now we will tell you in detail why.
And what is really
It's time to debunk the myths. To begin with, let's deal with the features of the countdown of the three-year limitation period for loans mentioned in the law:
- it is not counted from the date of the conclusion of the contract, but from the moment the last installment is made. That is, if you first paid regularly, and then a couple of months ago you suddenly decided to use the “loophole”, then find the last receipt and look at the date. It is she who launches those three years;
- if the next installment is delayed for more than three months, the bank may well announce to you the so-called early recovery. Immediately after this, the previous terms are canceled and new ones begin to count - from the date of his appointment;
- but that's not all. Any negotiations, signing of agreements, even answering a call from the bank is considered to be entering into official relations with it. Therefore, the statute of limitations is renewed again. To prevent this, you will have to turn off the phone so as not to accidentally pick up the phone, and go very far, avoiding official letters and visits from employees of a financial institution.
What to do if the deadline has expired
Considering all of the above, we can conclude that it is rather difficult to avoid paying off debt on a loan, but still possible. If you succeeded, but the financial institution continues to bombard you with demands, it makes sense to contact an experienced lawyer. He will carefully check the actions of the financiers to make sure that the term has really expired and convince the bank of this. Sometimes this has to be done only through the court, but if there is irrefutable evidence, he unequivocally makes a decision in favor of the debtor.
Collectors and how to deal with them
A more difficult task is to get rid of specialized collection firms, to which many domestic banks simply transfer information about malicious non-payers for "informal" influence on them. "Specialists" of such companies can visit you even after the period allotted by law expires. However, they rarely waste time on calls, letters and lawsuits. Their methods of influencing the psyche can "convince" any person that he still owes something to someone. There are quite a few cases when debts were paid off after the first visit of such guests.
But collectors can also be dealt with. And - quite successfully. You have three options for solving the problem without going beyond the legal field:
- repayment of debt, regardless of the statute of limitations. We want to say right away that the amount of debt can be very large, since rather big interest, fines and penalties accumulate over three (or more) years;
- contacting a lawyer who will convince the bank that all deadlines have expired and any requirements are illegal. Of course, for this he will need good reasons and evidence;
- remember that collection agencies have almost the same rights as banks - they can present you with written claims, file lawsuits, but nothing more. Any other impact is illegal amateur activity, so the most reasonable solution would be to contact law enforcement. How effective will this measure be? Practice shows that in the overwhelming majority of cases, collectors admit they were wrong and leave the borrower alone.
Simple recipes for solving problems with loans
At the end of this article, I would like to suggest you the most effective measure that allows you to never encounter legal or illegal requirements of banks, collectors and numerous claims. If you take out a loan, pay off your debt on time. Remember that even though there is a statute of limitations, you will still be bombarded with calls and emails before it ends, and you may also suffer significant reputational losses.
You took out a loan and for some time your financial capabilities allowed you to repay it on time. But unforeseen circumstances have come and you cannot pay the loan. This situation is familiar to many borrowers. In such a situation, there is a long period of waiting for action from the bank. Will he demand payment of the debt? How long can a bank require a borrower to repay a loan?
How many years is the statute of limitations on a loan?
The law provides for a limitation period of 3 years. During this period, the bank may require the borrower to pay the debt through the court. It is important to understand at what point the statute of limitations on the loan begins to run.
When does the statute of limitations on a loan start running?
Unfortunately, the unified position of the judiciary on this issue does not exist.
First option. The most common is the point of view that the limitation period for a loan begins to run from the moment when the last payment under the loan agreement was made.
Example. You issued a loan on 02/01/2010, and your last payment was made on 07/05/2011. In such a situation, the limitation period for the loan expires on 07/05/2014.
Second option. Some courts believe that the statute of limitations on a loan begins from the moment the contract expires.
Example. The loan agreement was drawn up on 02/01/2010, the last payment you had to make on 02/01/2014. Under these conditions, the statute of limitations for your loan will end on 02/01/2017.
Moments that affect the course of the limitation period on a loan
It is worth remembering that it is not enough just to wait 3 years for your loan to expire. It is important that during this period you do not take any action aimed at repaying the debt. For example, if you send a letter to the bank asking for debt restructuring or the like, then such an action may interrupt the statute of limitations on the loan, and it will begin to flow from the moment you send the corresponding letter.
What to do if the bank sued you after the statute of limitations on the loan expired?
If the bank is late in filing a claim, then you need to declare in court that the credit institution missed the specified period and the need to refuse the bank in the claim.
Note! The expiration of the statute of limitations on a loan does not mean at all that the bank will not be able to write letters to you, call you demanding repayment of the debt on the loan. Even in such a situation, your creditor has similar rights.
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