There is enforcement proceedings but collectors are calling. How to get rid of collectors legally? Collectors call - what to do? The main argument is a violation of the notification

Hello my dear friend! If you are reading this article, then you are having problems with collectors, or rather, you are most likely fed up with their calls and SMS. I want to tell you right away that this issue is solvable and in this article I will tell you how to act and what to do if credit collectors call.

Read this article to the end, and you will be able to protect yourself, your friends, relatives from obsessive guys.

When the collectors call

• if collectors call, then most likely the bank sold them your debt, and you were obliged to notify you of this by an official letter;
• the collection services of the bank department themselves can call when overdue debts are formed;
• collection agencies can call under an agency agreement, that is, there was no sale of debt to a third party;

Who can debt collectors call?

• debtor
• those people whose data you left in the contract
• relatives, acquaintances, work, classmates (although they do not have the right)

Learn Ways to Write Off Debt

Threats and tales of collectors - should they be believed.

How many threats are not invented by collectors and all of them are worthless. Here are just a few of them:

• hand over the money or they will put you in jail;
• guardianship will take the children;
• we will take the only housing;
• confiscate property;
• the task force will arrive;

Collectors threaten with various scarecrows, who is good for what. And what scared you personally, write in the comments. Remember one thing, all this is nonsense and they have no right to do anything except file a lawsuit against you demanding payment of the debt. And only after the court decision, the bailiffs will look for your official income and make a deduction.

4 steps to stop collector calls

1. The simplest and most elementary is changing the SIM card. If this is not possible, then read the following paragraphs.
2. Write an application for the withdrawal of personal data and send it by mail with acknowledgment of receipt. Although in fact dividing the collector ignore this statement. It can only help in the sense that claimants will understand that you know your rights and are ready to defend them.
3. After 4 months of debt, it is necessary to prepare a refusal to interact with the creditor and send it to their address with a return receipt. I would like to draw your attention to the fact that this document is very important. If, after receiving this refusal, the collectors will get you, then this is a very serious violation for them with consequences.
4. If attempts to get it continue, it is necessary to file a complaint with the Central Bank of the Russian Federation and the Prosecutor's Office of the Russian Federation. The most effective complaint: to the regional bailiff service.

If, nevertheless, you started a conversation with them, be sure to let them know that a voice recorder is being recorded.

Do claimants have the right to call relatives, acquaintances, work

Very often, collection services call relatives. They are already tired of calls from collectors and this is understandable. Often, collectors also get to work phones, and it is not clear what to do with it. Do they have reason to call? Let's figure it out.

Of course, the contract is often drawn up very competently, and it always contains information that banks, credit organizations have the right to share personal data with third parties. If you have not withdrawn the transfer of your personal data to third parties, then in fact they can dial the numbers of your acquaintances, relatives, but only if you indicated their contacts when concluding the contract.

What to do to stop getting calls from relatives, acquaintances?

1. Write an application for the withdrawal of your data and send it to their address with acknowledgment of receipt. However, they can often ignore this statement and continue to call.
2. Threaten them with a complaint to the Prosecutor's Office.
3. Go to their official website and write an e-mail to their mail with an approximate text: I, Vasily Vasilyev, I want to inform you that your employees have been calling my phone number for quite a long time and asking for some Svetlova Sveta. I told your employees many times that I do not know such a person. I recently purchased this mobile number. Please destroy my number in your database. In case of repeated calls from your employees, I will write a statement to the Prosecutor's Office.

Are collectors calling? Fed up with calls?

If, nevertheless, the bad guys do not let up and call everyone, if creditors constantly call and pester you, it is recommended to send complaints to the following organizations:

1. Prosecutor's Office of the Russian Federation
2. TSB RF
3. Roskomnadzor RF
4. Rospotrebnador RF
5. Bailiff Service (the most correct option)

All these complaints can be sent electronically through the official websites of these bodies.

By the way, if at this point in time you are at the pre-trial stage and your main task now is to minimize calls to you and your family, and you are taking the main steps to preserve your property and income, then I recommend that you sign up for an individual consultation, where you get a detailed action plan for your situation and be able to warn yourself against global mistakes. Click the button below and get our advice:

I also expect your comments below, write your personal experience with collectors, how did you manage to stop their calls?

Collectors tortured by calls

Sincerely, Alexander Izotov

If you are reading this article, it means you, collectors came to you or started to spoil your life, “hammer” with your calls. Are you desperate and don't know what to do? I will try to tell you in detail what to do and what not to do.

Collectors called, what to answer?

Collectors can call in the following cases:

• on your loan;
• for a loan in which you act as a guarantor;
• on a loan from your relative who left your phone number with the bank (the bank always asks you to indicate the phone number of the contact person when issuing a loan);
• about which you know nothing at all.

I will analyze the situation in the first two cases, because. in the other two there are no special problems - you need to find out which loan they are calling, which bank and send it to the bank notice of the prohibition of the use of personal data. If calls from collectors or the bank continue - a complaint to Roskomnadzor, but from my own experience I can say that the calls will stop, the main statement should be drawn up correctly. A sample notice can be downloaded.

So, collectors call with demands and threats, you need to:

1. Ask to introduce yourself and write down the full name, position of the caller, name of the organization. This obligation of the caller is provided for in paragraph 5 of Art. 15 of the Law "On Consumer Credit". Do not continue the conversation until you understand who is calling you and for what loan (it is better to write everything down on paper).
2. Find out what relation the collector has to the bank and to your loan - whether there was an assignment of the debt under an assignment agreement or the collector acts in the interests of the bank as a debt collection agent. At this point I want to dwell in more detail. The law allows the bank to sell your debt if this right is specified in the contract, while your consent is not required and the bank is not obliged to notify you of the assignment of the debt, but it can. As stated in Art. 382 of the Civil Code of the Russian Federation in case of failure to notify the debtor of the assignment of the right to claim the new creditor bears the risk of the resulting adverse consequences for him. You can continue to pay your debt to the bank until the collector or bank confirms the assignment of the debt. What documents must confirm the assignment of the debt? A duly certified copy of the assignment agreement, a copy of the loan agreement, the calculation of the debt. Request these documents from collectors and the bank (a sample request can be downloaded). Until you get confirmation don't pay debt collectors!! Firstly, because your money can go nowhere, and secondly, because collectors in most cases incorrectly calculate the debt, counting simply unrealistic interest and fines. All of your payment will go towards paying off fines. I already wrote about the sequence of repayment of the loan. If it turns out that the collector acts as a bank agent, that is, roughly speaking, he is a hired “bouncer” - it’s better not to communicate at all and hang up.
3. Ask to indicate the number and date of the power of attorney of the caller, who signed it, its validity period.
4. Do not be nervous and politely answer that you do not agree with the terms and calculation of the debt collectors, you will not pay anything, let them go to court.

You must remember that collectors do not have the right (read about the new rights and obligations of collectors):

1. Call you from 10:00 pm to 8:00 am on weekdays and from 8:00 pm to 9:00 am on weekends.
2. Enter your apartment, demand to open the door. If the collector tries to open the door by force, call the police immediately.
3. Ask for copies of any documents, personal data of your relatives, demand information about where you are currently working, etc.
4. They can’t: (I quote common threatening SMS collectors): “send a group of departure to you”, “take away your child”, “describe property”, “break legs”, “cut out a kidney”, “put in jail”, they do not have the right to call to your relatives, neighbors, to work, hang accusatory leaflets in the entrance, etc. If you find such a “poster” in the entrance, take a picture of it and send a complaint to Roskomnadzor for the dissemination of personal data and the Central Bank. It is better to save all SMS on your phone, they may later come in handy in court and the police.

What shouldn't be done?

• be nervous;
• frantically looking for money or giving the last to collectors;
• agree to the terms of collectors, sign any papers, change the terms of the loan, which are ALWAYS not in favor of the borrower, but you may not understand this;
• enter into negotiations - because the more you talk, the more you are psychologically affected;
• come to the office to the collectors "for negotiations";
• be afraid and do nothing - complain, the result will still be.

Why Collectors Rarely Sue:

There may be 2 reasons: the agency deliberately increases the amount of the debt, or has passed, which is 3 years from the date of your delay in payment. Therefore, if you do not pay on the loan for 2-3 years, you DO NOT NEED to sign anything with collectors, nothing at all, even if you are promised to forgive the entire amount of the debt, if "you pay 10 thousand right now." As soon as you sign any loan document or pay at least a ruble, the limitation period will begin to run again, and the debt will remain as it was and no one will forgive you anything.

The best way out for the debtor in the presence of an overdue loan is the court, from the moment the claim is filed, the growth of interest and penalties stops, and on the basis of a competent response to the statement of claim, the court can reduce the penalty to zero in general.

By the way, on March 6 was adopted professional standard"specialist in collection activities", which means that such a profession as a "collector" is recognized at the federal level and a record of working as a collector will be entered in the work book. Now collectors will have to act exclusively within the framework of this standard, at the legal level. Well, let's see.

1. My husband lived in 3 rooms. square with parents and two brothers since 1971. At the time of privatization in 1992, he was in prison and refused to privatize this apartment; after his release in 1997, he was assigned to this apartment. Father died in 2003, middle brother died in 2005, younger brother died in 2008. In 2003, my husband renounces his father's share of the inheritance in favor of his mother, because he was sure that everything would go to his younger brother, who lived with his mother and participated in privatization. In 2007, the ex-wife of the middle brother persuaded her mother to issue her a deed of gift for the apartment in which my husband was registered, this fact was hidden from my husband, and after the death of my younger brother in 2008, we settled in the apartment, made repairs, paid for the communal apartment. But the happiness was short-lived, we began to be pursued by bank collectors to collect debts, from them we learned that the apartment does not belong to the mother, but belongs to the ex-wife of the middle brother, this hell lasted about a year, after which we went to the apartment. In 2019, in order to pay off the debt of the loan, she decided to sell the apartment, for this, through the court, she discharged my husband from the apartment, without saying that she was writing it out, and hid the fact of refusing to privatize. The court ruled to issue and remove from registration. We found out about this 1.5 months after the trial. My husband is 57 years old, there is no other housing and retirement is not far off. Can he retain the right to use this apartment and permanent registration in it? Thanks in advance.

Sergey Yuny Barmaleikin, 15866 responses, 854 reviews, online since 10/25/2011
1.1. You should file a lawsuit, restore the deadlines for appealing the court decision on deregistration. However, even if the registration is restored, then he has the right to live in an apartment and register an n/year-old child there and live with him in an apartment, but his wife does not.

2. The situation is as follows, I found out about the suddenly arisen debt under the loan agreement on the website of the bailiffs. The loan agreement dated July 2008 expired in July 2012, then it was sold to collectors, which I only learned about today, since the collection agency received a court order from a justice of the peace in July of this year, on the basis of which enforcement proceedings were initiated in Volgograd region, I myself live in Moscow, I have not been registered in the Volgograd region since 2014.
I just happened to be visiting on vacation in this very place, in order to avoid negative consequences from the FSSP, I decided to visit the local branch and get my hands on a copy of the writ of execution and a copy of the court order. As soon as I received the required documents, I went to the local branch of the World Court, where the writ in my case was issued, I explained to "my" magistrate that I found out about my "debt" on the FSPP website, that I did not receive anyone's notice of appearance in court at the meeting in June 2019, since she has been registered / registered in another region for more than five years, and that she does not agree with the court decision and the debt claimed in the claim under the ancient loan agreement, she agreed with my arguments, and I wrote an application for the restoration of the term and on the cancellation of the court order, the application was accepted, registered, and a copy of the acceptance for consideration was received. I will be notified of the court session, examined in my absence, and sent a "verdict" to the registration address.
After that, I stupidly took a copy to the bailiff service, and literally an hour later the bailiff debited the last 3 thousand rubles from my bank card, the card is now blocked by the bank until all the money is written off to pay off the debt, although I asked the bailiff not to take any action until new court decision.
Question: after the cancellation of the court order and the cancellation of enforcement proceedings, can I apply the limitation period for this recovery and at what stage, when canceling the court order at a court session, or can this be done only in a higher court on my claim, or wait for the next a lawsuit from a collection agency in a higher court, and already there trying to apply the statute of limitations, and is it possible in my situation.
And didn’t the bailiff interrupt the statute of limitations by withdrawing 3,000 rubles from my card to pay off the debt, because I personally didn’t transfer 3,000 to the account, can this be regarded in the future as my actions to recognize the debt?
Thanks!

Lawyer Kabanin S. V., 80 responses, 46 reviews, online since 10/15/2019
2.1. After the court order is overturned, you can file an application to reverse the court decision. Based on this decision, the creditor will have to return the money collected in his favor.
If, after the cancellation of the court order, the recoverer declares his claims in the proceedings, you can file a petition for the omission of the limitation period if it was missed at the time the court order was issued.

3. Collectors call my husband, allegedly asking for some kind of debt of 50,000 rubles, when asked to send documents, a loan agreement, a printout of transactions, and so on, they say go to the Bank, we will not provide anything, well, the husband says I am ready to pay the debt if you provide me with the documents, if there are no documents, I won’t pay anything, they regarded this as a refusal to pay the debt, but we didn’t refuse, it was just interesting what kind of card they didn’t hold and in their hands and the debt appeared. The card was allegedly taken in 2013, the debt on it was 14,000 rubles, there was a loan court in the same bank, and about this card, too, there was no debt on it. The loan was repaid after the trial. Today they call, they say they won’t go to any court, but they will arrange a heavenly life for us with raids of collectors if we don’t pay the debt, my husband doesn’t have a recording of the conversation on the phone, next time we will record everything on a loud recording. How to force them to go to court because there is only a decision through the court because they do not have documents.

Lawyer Bogolyubov A. A., 19237 responses, 12726 reviews, online since 07/22/2017
3.1. You can write an application to provide a copy of the documents, and in case of refusal to file a lawsuit in court for compulsion. The statute of limitations has long expired and let them go to court. You don't have to pay anything.

Lawyer Kriukhin N.V., 157614 responses, 69086 reviews, online since 07/14/2011
3.2. Hello.
1. Contact the nearest police station with a statement about extortion.
2. Contact the Office of the Federal Bailiff Service in your region with a complaint about collectors in a free form.

Lawyer Kugeiko A.S., 86702 responses, 38690 reviews, online since 05.12.2011
3.3. Hello,
You don't have to pay anything. Send collectors to court or just ignore. Will threaten life and health, write a statement to the police.

I wish you good luck and all the best!

4. My cohabitant has been permanently registered in the Moscow Region of Kashira for more than a year and temporarily there for 3 years before that, respectively, she has been living in Kashira for more than 4 years. Previously, it was registered in the Penza region, Serdobsky district. Some kind of debt was found on some kind of loan from 2009 (what kind of bank or collector is there - we don’t know, relatives at the former place of registration simply threw out a letter, they only remember the year of the loan - that’s such kind of relatives). JUDICIAL SECTION No. 3 of SERDOBSKY DISTRICT, PENZA REGION, issued a decision dated 06/14/2019 on the collection of debt (we did not know about the court at all, there were no subpoenas (we know for sure because the address of the Respondent by the Claimant was specially filed with the court incorrect, so that the defendant could not come to court and defend your rights, by the way, the letter with the decision came to the place of the former registration to relatives by chance only because the postal worker knew by last name where to look for relatives at other addresses because he was personally acquainted) Through the service of the Federal Bailiff Service of Russia, we learned that there was a court on June 14, 2019, that enforcement proceedings were started on August 23, 2019. It’s been a month since ... Is it possible to somehow file an appeal now, because a month has passed after the trial, and if possible, where to file it: in KAshira MO or go along the place of the former residence?

Lawyer Panfilov A.F., 50202 responses, 24690 reviews, online since 20.09.2013
4.1. Cancel the order immediately. Here is the order.

4.2. Hello, Alexander! To cancel a court order that has entered into force, it is necessary to send to the judicial district that issued the order a petition for the restoration of the time limit for filing an objection regarding the execution of the court order and an objection regarding the execution of the order. The petition can refer to a violation of the rules for the provision of postal services, as well as indicate the reasons why the judge had no reason to issue an order, there are a lot of them. Then the order will be cancelled.

Lawyer Sokolov D.G., 142233 responses, 33014 reviews, online since 11/23/2008
4.3. You need to get this judicial act in the court itself and consider the possibility of appealing it. You yourself write that it was issued by the judicial district of the Serdobsky district of the Penza region, therefore, it could not be issued either in Kashira, or on Sakhalin, or in Kaliningrad. And it was issued only by this judicial district No. 3 of the Serdobsky district of the Penza region. So, it must be received there and appealed there ... not in Kashira ... not in Tver ...
So.
You have the following options to file a complaint directly:
- a court order, it must be obtained and an application for its cancellation on the basis of Art. 128, 129 Code of Civil Procedure of the Russian Federation, within 10 days from the date of receipt, if necessary, with the restoration of the period in accordance with Art. 112 Code of Civil Procedure of the Russian Federation
- a court decision in absentia, it must be received and an application for its cancellation must be submitted within 7 days
A court decision in absentia is subject to cancellation if the court establishes that the defendant's failure to appear at the court session was due to valid reasons, about which he did not have the opportunity to inform the court in a timely manner, and at the same time the defendant refers to the circumstances and presents evidence that may affect the content of the court decision. (Art. 242 Code of Civil Procedure of the Russian Federation)
- a court decision not issued in absentia
In this case, it must be appealed on appeal (Articles 320, 321 of the Code of Civil Procedure of the Russian Federation), with the restoration of the deadline for appeal (Article 112 of the Code of Civil Procedure of the Russian Federation). You must apply to the court with an appeal and an application for the restoration of the term no later than a month from the day you officially learned about the court decision (for example, received it in your hands)
Contact a lawyer for competent work in court, including one of those who answered your question.

After the cancellation of the court order, you can send an application to the court to reverse the execution of the court order to return the money withheld from you.

The consequences of missing the limitation period in writ proceedings do not apply.

10. A court decision was made to pay the debt to the bank. All payments to the bailiffs were made, after that the collectors called and said that I still have interest debts that were canceled by the court decision! Are their actions legal? What to do in this case?

Student Kaplanovsky A. S., 101 responses, 65 reviews, online since 08/26/2019
10.1. Good evening, ordinary scarecrows, they have the right to recover from you only in court through the bailiffs, the rest of you who climb, you don’t even have to listen, if the collectors get it, you can contact the police, because their powers are limited in accordance with federal law No. 230.

Lawyer Alekseev A. N., 2626 responses, 1625 reviews, online since 03/16/2019
10.2. Write a statement to the FSSP if these are collectors, as bailiffs are supervising them. If threatened, call the police.

11. After the court's decision, the collectors ask for the collection of interest under the same contract, the debt was also resold to more than one collection agency, and the loan itself has been more than five years old.

Lawyer Lukina A. A., 143 responses, 76 reviews, online since 08/23/2019
11.1. Hello.
After the entry into force of the court decision, the requirements of collectors are illegal. Debt collection is carried out through the service of bailiffs.

11.2. Hello Michael!
If you have a valid court decision, then you can simply ignore the collectors and pay off the debt through bailiffs.

Lawyer Kovresov-Kokhan K. N., 11275 responses, 5008 reviews, online since 03/17/2019
11.3. Be more specific in your question so that lawyers can answer it competently.

12. The situation is as follows. I had credit card debt. By court order, the bailiffs kept everything from me. After some time, collectors began to call and demand to pay some more interest (they did not redeem, but represent the interests of the bank). When I ask where and how they do not answer, they say contact the bank. After that, I refused to talk on the phone. Now they are calling to work. In this regard, I have a question, how can I remove the work number from the contacts of the bank and collectors? Thank you.

Lawyer Boldyrev R. I., 3999 responses, 2251 reviews, online since 07/26/2017
12.1. Hello!
You need to send a statement to the bank and collectors about the withdrawal of personal data.

Lawyer Kukovyakin V. N., 10320 responses, 6739 reviews, online since 11/16/2017
13.3. Hello, Igor Viktorovich!
It is difficult to say whether it is legal or not without having the decision itself in front of your eyes. However, given that it has already entered into force, it will not be easy to cancel it. Could you elaborate on this point, is it a decision or a court order?

Lawyer Soldat S. V., 3997 responses, 2687 reviews, online since 01/22/2018
13.4. Hello Igor Viktorovich! To cancel a court order that has entered into force, it is necessary to send to the judicial district that issued the order a petition for the restoration of the time limit for filing an objection regarding the execution of the court order and an objection regarding the execution of the order. The petition can refer to a violation of the rules for the provision of postal services, as well as indicate the reasons why the judge had no reason to issue an order, there are a lot of them. Then the order will be cancelled.

After the cancellation of the court order, you can send an application to the court to reverse the execution of the court order to return the money withheld from you.

14. I will try to describe the situation again. My father was a loan guarantor. I got admission. The bank sued jointly and severally and won. After the decision of the court, the debt was sold. And now my bailiff has the amount of 80,000, met with the bailiff of the main borrower, he has a different amount of 57,000 and the main borrower pays according to the silt. The collectors who redeemed the debt under the cession agreement did not go to court, and the money goes to the bank and further to the collectors. And for collectors, the balance of the debt shows 14,000. How to be in this situation, the bank does not give certificates, sends it to collectors, and the bailiff does not accept a certificate from collectors, he says there are no grounds.

Lawyer Bychkov A. N., 49 responses, 25 reviews, online since 08/06/2019
14.1. If the writ of execution is with the bailiffs - pay the bailiffs or the bank, you can not talk to the collectors at all. Bring the bailiff the assignment agreement and receipts (if any) from the collectors. Check with the bank if there is an assignment agreement with collectors. Meet with the main borrower, find out what his balance of debt is, let him take a paper from his bailiff about the balance of the debt. Take the above paper to your bailiff.

Joint and several liability is one of the types of civil liability of debtors. Joint and several liability arises when the subject of the obligation is indivisible, the joint infliction of harm, etc., and represents the joint responsibility of the group of persons who have assumed the obligation.

With joint and several liability, the creditor has the right to present a claim for performance, and therefore for liability, both to all debtors jointly, and to any of them separately, both in full and in part of the debt. A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the other joint and several debtors. If a creditor makes a claim against one of the debtors, the other debtors shall be liable to the debtor who has satisfied the creditor's claim in equal shares, unless otherwise provided by law or the contract.

A party that has paid an amount exceeding the share of liability of such party has the right of recourse claim against other parties.
In some cases, joint and several liability is provided for, when the contract does not provide otherwise. Thus, under a surety agreement, the debtor and the surety are liable to the creditor as joint and several debtors, unless otherwise provided by the surety agreement. The parties to such an agreement may establish other liability.

With joint liability, for example, if the main debtor has a debt of 100,000 and 10,000 was collected from him, then a debt of 82,000 remains from the guarantor of 8000. You need to dock bailiffs to determine the balance of the debt and collectors (if they are not scammers).

15. In 2014, I took a loan from a probusiness bank, in 2015 the branch was closed, everyone disappeared. In 2018, a pile of papers came from some collectors for a debt of five and a half million, after which, a couple of months later, a decision by a local court without my participation with a long one and a half million. Then the regional court terminates IP Article 46. And today, more than a year later, the debt again comes to one and a half million. What to do?

Lawyer Kudrin O. E., 15129 responses, 8098 reviews, online since 03/20/2015
15.1. Good afternoon.
In order to accurately answer your question and help you need to know the details.
What does debt come in? From whom does it come?
Contact a lawyer on our website personally, set out everything in detail, he will provide you with legal assistance.

Lawyer Soldat S. V., 3997 responses, 2687 reviews, online since 01/22/2018
15.2. Hello Denis! It was not the collectors who went to court, but the DIA. To accurately answer your question, you need to study the case materials. At a minimum, you can reduce the amount of debt, and at best, write off altogether.

"How to win a lawsuit against a bank on a loan"

"How to win a lawsuit against a bank on a loan - a case for 5.6 million rubles."

"How to cancel a court decision in a case on debt collection under a loan agreement"

16. After the trial, the bank sold the debt under an assignment agreement to collectors in 2012. All debt obligations to collectors were repaid in 2016. Now bailiffs have seized by court decision in favor of the bank. The court decision on the replacement of the party was not received. Who is to blame and what to do?

Lawyer Datskevich K. E., 11000 responses, 7296 reviews, online since 07/02/2018
16.1. Cancel the court order or court decision by restoring the deadline for filing an application for the cancellation of the court order, then in the lawsuit proceeding insist on the termination of the case due to the fulfillment of the obligation.

Lawyer Khamitova N. V., 1055 responses, 652 reviews, online since 03/12/2018
16.2. On the FSSP website, look on the basis of which court decision the arrest order was issued. Most likely, it will be a court order, which can be canceled within 10 days from the moment you learned about it.

27. Back in 2013, I took a loan from Tinkoff Bank in the amount of 5000 rubles. I paid, I paid, then I quit, because % did not decrease. After 6 years, Phoenix collectors remembered me and filed a lawsuit. I have not received any letters or letters from them. Quite by chance, I found out that I already have a writ of execution (for the amount of 14 thousand) on the FSSP website. I turned to the bailiffs, it turns out back in January the court passed! I applied to the court with two applications: to cancel the court decision and to renew the term, they answered that they could be called to a hearing within two weeks.
I need your help in the survey, how can I correctly answer the judge that I am not satisfied with the penalty and is it possible to operate with statute of limitations here (namely, under the contract)?
We saved up % for six years and now we woke up! Of course, I am ready to pay (well, at least the amount is not large), but somehow there is no desire to overpay. And yet, the bailiffs, the next day after my appeal, sent a card to the registration address, which indicated that I should come to them, with a receipt of payment of at least 1000 r! How would you "intelligently" communicate with bailiffs on this topic? I suspect - if I had not come to them myself - I would have found out about IL after the fact, when I would have been sent to work, to deduct from wages / pay.

Lawyer Vozny E. V., 2072 responses, 1257 reviews, online since 10/18/2018
27.1. Hello, how do you justify your request to note the court's decision in your application?

Lawyer Orlov V. V., 296 responses, 180 reviews, online since 07/10/2019
27.2. Dear Svetlana Sergeevna! Yes, you have a difficult situation, but your question is beyond the scope of free consultations. Any work should be rewarded, and the work of a lawyer too, do you agree with me?

28. Delay on the loan for about 10 years. At the moment, I saw a debt in the lists of debtors on the FSSP website in the amount of 20,400. I paid about unpaid loan payments. Then they blocked my cards and started debiting money. Then an SMS came that the debt was not repaid in full, then the man called, introduced himself as a collector and said that I owed an amount close to 1,000,000, but he would make concessions because his organization had paid off the debt and they would write off all the penalties and I should sign some papers with him about repayment of a debt already in 100 thousand. That is, after the filing and the court decision, which I did not know about, I fulfilled their conditions and still have to pay, or they are still suing for the remaining amount. How to be?

Lawyer Plyasunov K.A., 145007 responses, 35783 reviews, online since 26.02.2013
28.1. Hello.

Go to court and appeal the court's decision.

Lawyer Ostroumov A. I., 550 responses, 145 reviews, online since May 18, 2015
28.2. Hello! In this case, the collector proceeds from the fact that the alleged contract is still valid. The Supreme Court clarified that this cannot be, since otherwise it leads to the fact that the contract does not have a validity period.
Without a detailed study of the documents, I cannot painfully and fully answer the question.
The date of the conclusion of the contract, the payment schedule, the calm proceedings, the actions taken by the FSSP employees are important.

29. Took 2 loans in one bank in 13.14. Stopped paying after about a year. There was a judgment in absentia in 2015. Now collectors have come and say that I owe them. There is only an assignment agreement, I asked the court documents said the secret of the company. After the absentee decision, 4 years have passed and no one bothered me. Should I contact at all?

Lawyer Kolkovsky Yu.V., 100658 responses, 46975 reviews, online since 07/05/2015
29.1. Collectors should never be paid anything.

30. Please tell me. Whether the judge is right in deciding in favor of the collectors. ..I have been paying Tinkoff Bank for over 3 years. the last payment was September 2014. and they filed a lawsuit in December 2017. the order was canceled. They filed a lawsuit with a crazy amount. Which, for some reason, was designed from October to December 2014. The judge satisfies the lawsuit after 3 meetings where only I was present. And he says wait everything in the decision will be written.

Lawyer Molodtsov A. O., 242 responses, 202 reviews, online since 06/16/2019
30.1. You should have filed a motion to apply the statute of limitations during the process. Missing the three-year limitation period serves as an independent basis for dismissing the claim. If you would have made such a request, the court in all likelihood would have dismissed the claim.

How to get rid of collectors? This question worries many of our citizens today. We constantly hear scandalous stories in the media. In one region, collectors come home and set it on fire. In another, a child was burned with acid. Many remembered the nineties of the last century. How to get rid of collectors legally? Let's try to figure it out in this article.

Who are collectors?

Collectors are agencies involved in pre-trial debt collection. Many mistakenly believe that the actions of such institutions are illegal, that they do not have the right to any activity without the consent of the borrower. This is not true. The Civil Code provides for the transfer of credit claims to third parties. This can be done without the consent of the borrower. The contract for the assignment of claims is called a cession.

Why do banks lend to debt collectors?

Before you get rid of collectors, you need to understand where they came from. Banks and credit institutions rarely collect debt themselves. This happens for several reasons:

• Shortage of employees for pre-trial recovery. Therefore, collectors call us, and not bank employees from whom the loan was taken.
• Reputation preservation. The recovery is accompanied by actions that often go beyond the law: employees, through negligence, said the wrong thing, called at the wrong time, did not introduce themselves properly, etc. Another thing is a third-party company. It creates a reputation among credit institutions. Consequently, a negative assessment in society is not reflected in her income.

For these reasons, banks enter into assignment agreements. Conditions in each case are individual. In most cases, collection agencies buy debts in bulk, in bundles, paying 10-15% of the value of the debt for them. It is more important for banks to get rid of unnecessary liabilities than to bargain with collectors, since the volume of overdue debts worsens their rating in the eyes of the Central Bank.

What does a borrower need to know about an assignment agreement?

It is important to know that the borrower himself cannot influence the assignment agreement. This means that such a concession is quite legal. How to get rid of collectors in this case? The fact is that the borrower must be warned that the lender has changed. According to the civil code, this is entrusted to the credit institution that issued the loan. In other words, if your debt was transferred to a third party, then the bank, and not the collectors, is obliged to notify about this. In practice, this rarely happens. Banks sell loans, especially small ones, in bulk. Consequently, they seldom follow the letter of the Law and give the borrower the proper warning. How to get rid of collectors in this case? It is enough to declare officially, in writing, to the agency that demands the repayment of the debt, that their demands are illegal, referring to the fact of ignorance.

The main argument is a violation of the notification

Anyone can call and demand any debts. Therefore, it is important that the borrower is formally warned properly. The main mistake of citizens is that they try to please the collectors, and begin to explain something to them, thinking that an understanding and kind person is sitting on the other end of the wire, able to enter into the position of a borrower. This is not true. The goal of a collector is to extract as much money from you as possible.

They are not interested in what difficult financial situation the borrower is in, how many children he has, that he is ill, etc.

Therefore, if possible, it is necessary to talk to them as closed as possible, referring to various laws and codes. After the borrower submits an official application to the collection agency, you need to hold out for 30 days. That is how much time the organization has to coordinate all the documents and make a decision. In the appeal, it is necessary to indicate the illegality of the actions, since no one properly warned the borrower about the assignment agreement. Remember that the collectors themselves do not provide such information by telephone, no matter how convincingly they state this.

The best way is to contact the prosecutor's office

If after a month no notifications or answers from the agency have been received, but collectors are still calling, then you can safely contact the prosecutor's office. It is advisable to attach copies of appeals to the application, as well as notifications of their receipt by the collection agency. However, the lack of evidence is not at all an obstacle to filing a complaint with the prosecutor's office. In this case, law enforcement agencies will request all the necessary documents from the organization. The main thing is to state the essence of the problem in the complaint in as much detail as possible.

We have sorted out the problem that has developed with the debtor himself. But how to get rid of collectors forever if the citizen did not take any loans? More on this later.

I did not take a loan, but there were problems with collectors

Calls and threats to citizens who have never taken loans are a frequent occurrence in our country. Situations are different: they call relatives, neighbors, ex-spouses, employers with demands to influence the debtor. Particularly egregious precedents, when collectors demand to pay off the debt of other citizens from those who have nothing to do with these same debts. Sometimes it comes to threats and physical violence. So, let's figure out how to get rid of calls from collectors to those citizens who are not involved in the borrower's debts.

We defend ourselves legally

The legislation provides for various cases in this regard, depending on the situation:

• If a citizen who has not taken a loan is simply pestered by annoying phone calls, then you can file an application with the prosecutor's office under Art. 13.11 of the Code of Administrative Offenses - violation of the legislation on personal data.
• The actions of collectors can be qualified as petty hooliganism (Article 20.1 of the Code of Administrative Offenses). To do this, you need to call the police and demand a protocol. Law enforcement officers will not be very happy about this, because without it they have a lot of work. Therefore, happy faces should not be expected. However, it is still necessary to demand the drawing up of a protocol, to defend one's rights.
• It is advisable to put an automatic voice recorder on the phone. This will provide evidence. Collectors are on duty, therefore, recording a conversation with them on a voice recorder does not violate the law. If during a conversation, and this happens often, a citizen is insulted, then this falls under Article 5.61 of the Code of Administrative Offenses.
• The requirement of collectors can be qualified as extortion. This is a very serious violation, which receives the status of a crime, and is regulated by the Criminal Code (Article 163 of the Criminal Code).

Calling relatives is illegal

It is important to know that the interaction of creditors with third parties is illegal, despite the fact that debtors leave additional phone numbers of friends, relatives, and acquaintances. This is done in order to check the debtor, and not in order to demand a debt from relatives in case of non-payment. Now we know how to get rid of collectors legally. Recent media hype has prompted the emergence of a new Law. Let's analyze it in more detail.

New law on collectors

So, how to get rid of calls from collectors? And not only from them. How to completely protect yourself from illegal activities? There is only one answer - with the help of increasing legal literacy. Collectors, as a rule, find people who are illiterate in the field of law. This is what they use. We list the mandatory minimum in order to understand how to get rid of collector threats:

Now we know how to get rid of calls from collectors, as well as personal meetings. It is enough just to contact the prosecutor's office if one of the five requirements listed above is violated.

What you need to know about the actions of collectors

Citizens need to know that minimum of rights in order to protect themselves and their loved ones from illegal actions:

1. Collectors do not have the right to seize any items. This can only be done by bailiffs by order of the court.
2. Collectors have no right to invade private dwellings. This right is also given either by the court or the prosecutor's office. Such permits are given to public services. And then, for this there must be very weighty arguments.
3. There may be no clause in the loan bank agreement that allows you to assign the right of ownership to third parties. This is rare, because banks necessarily include it in the contract. However, such cases still occur.

Results

So, we explained how to get rid of collectors by phone, protect yourself and your loved ones from their illegal actions. We hope that the above information will help in a difficult life situation.

Three years ago, I received a bank credit card in the mail. There was no agreement in the letter, only a booklet explaining how to use the card, how to withdraw and deposit money, etc. I haven't cried for over a year. Further

I received a letter from the bank in which he demands to pay a credit card debt and a fine. The fact is that I paid off this debt 3 years ago. And she was exacted from me cher.

Questions in the section Collectors

Good afternoon. My name is Anastasia in 2013, I took a loan from VTB24 bank in the amount of 200,000, at that time I was not married. I took a loan for 5 years, my mother for repairs, she paid half a year, I half a year. make payments and asked her to pay further as we agreed, for which she heard that she had no money and she would not pay anything. Thus, the loan was not paid for a year. After that, I got married and was in a position. In December 2014, I bank employees arrived and informed me about the debt, seeing that I was in a position, a man suggested that I contact the bank and said that they could make concessions and recalculate the loan. Then I turned to the bank and wrote an application for restructuring, which was refused saying that it had not been paid for a year, but if I deposited 35,000, they could do it. There was no money and I refused. The case was handed over to collectors. me and my husband in a mortgage , they will describe the property, they will take 50% of the husband’s salary and 50% of the child allowances and the authorities will take care of us. Tell me if this is true and what this debt threatens me if it comes to court. thank you i will stop

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Hello.

Debt to the bank after the court decision

1. The decision to issue a court order is taken by the judge alone on the basis of the documents submitted, which indisputably confirm the correctness of the organization (in this case, the bank) that applied to the court for the issuance of a court order.

2. There were cases in my practice when the debtor found out about the issuance of a court order after receiving a notification from the bailiffs and could not appeal against it.

Collectors are calling, what should I do?

If you received a loan from a bank and failed to pay one or more loan payments on time, then be prepared to talk to the bank's problem debt collection service or debt collectors after a while. As a rule, such communication begins with innocent questions, but often ends with insults and threats against you. What do you do when debt collectors call? What are their powers and why is their behavior fundamentally different from the behavior of bank employees in the offices?

Do collectors have the right to call and what to do if they call?

The collection service in the Russian Federation has a fairly extensive network, although it appeared relatively recently in the post-Soviet space. To date, there are no legal norms that would clearly spell out the rights and obligations of collection agencies, therefore, in their activities, they do not always use methods that are consistent with the law. It is not surprising that questions such as whether debt collectors have the right to call at work, whether debtors are required to let them into their homes, whether debt collectors can call debtors' relatives, etc.

Collectors demand to pay off the debt, although a court decision has been established

The decision in this case has already been made, has not yet entered into force, is under the jurisdiction of the bailiff service, I do not refuse to pay, now there is no way, I will demand an installment plan.

At the present time (it is not clear on what basis) they call me from the collection service and demand to pay off the debt. I object to this and I will talk to the bailiffs.

Can a bank transfer debt to collectors without a court decision

Many borrowers who find themselves in a difficult financial situation are interested in whether a bank can transfer debt to collectors without a court decision. It turns out it can. And the main thing in such a situation is to build the right line of behavior.

It all depends on when the contract was concluded with the borrower. If the loan was issued before July 2014, then there were legislative acts prohibiting the disclosure of details of the loan agreement without the consent of the debtor.

It should be borne in mind that not all borrowers carefully read all the clauses of the loan agreement.