The limitation period for the loan. Limitation period for a loan

Unfortunately, after the procedure for obtaining bank loan, there were also problems associated with this procedure. On the wave of active consumer lending Many Russians took out loans, which later turned out to be an excessive burden for them.

Crisis in the country this situation aggravated, and many debtors were simply unable to repay the borrowed money in the future. As a result, banking companies in huge quantities began to transfer overdue debts for collection - some through collectors, and some directly through.

Read about how to cope with your debts in an unstable economic situation. If a creditor sues you, there is no need to panic. Usually, all fines are removed from the borrower, and the debt stops accumulating. At this link we talk about how the court takes the side of the borrower.

That is why many defaulters have a question: during what period can the debt be written off by law, and is this possible in principle? Today we will talk about the concept of “deadline” limitation period", and how to use it correctly.

I haven’t paid for 3 years – I don’t have to pay at all?

The relationship between the bank and the client in this case is regulated by the civil law code. According to it, the period during which the bank can recover the debt from the debtor through the court is 36 months. You will learn about how not to pay for 3 years and forget about the debt to the bank from this article.

And here the first question arises, to which even experienced lawyers who help clients avoid paying cannot give an unambiguous answer. From what point is it correct to count?

IN judicial practice There are two most common options:

In the first option, the countdown begins from the expiration date of the banking agreement.
In the second option - from the moment the last payment was made (that is, from the moment the overdue debt arose).

There is a third option. In it, the countdown begins from the moment of the debtor’s last interaction with the bank or collectors (that is, telephone communication, written or personal meeting). More information about how collection agencies usually collect debts is provided in this review.

If for three years the borrower has come into contact with the bank or its representatives, these 3 years are interrupted. Therefore, if the client does not want to pay according to the law, it is his responsibility to stop all opportunities to contact him.

Do not answer phone calls, do not receive registered letters, change jobs and phone numbers, change your place of residence. If you violate this condition, 36 months will have to be counted again.

How to understand that the statute of limitations has expired?

It is most advisable to take as the starting point the moment the debt is transferred to the court for collection.
If the delay lasts for more than a year, but for some reason there was no appeal to the courts, then the calculation should be carried out from the moment the last payment was made.
If after three years the borrower begins to be bothered by collectors (since banks often transfer such unclaimed debts to them for 10-15% of their value), he should go to court himself. Often, debt collectors, trying to extort money from a debtor, seriously violate the law. Let's learn to fight them back thanks to the recommendations from this article.

You need to do the following:

File a petition with the court to apply the statute of limitations.
If they continue to call or write, write a withdrawal of consent to the processing and storage of personal data. After this, employees will no longer be able to disturb you.
If collectors threaten or exceed their authority, write a statement against them to the police and a complaint to the prosecutor’s office. You should know which actions of such collectors are unlawful; we’ll talk about them more.

Important to remember– if the debt is written off, then the borrower’s CI will not improve. And getting a new loan will be very problematic. Therefore, you should only exercise your right not to pay a loan for a very good reason. About whether it is possible not to pay a loan for legally, you will learn from this article.

If a person does not pay his debt and awaits trial, then most likely he will be blacklisted, after which the road to banks and microfinance organizations will be closed. If this does not happen, but credit history is already very bad, then for further successful interaction with creditors, you can try to fix it, we’ll talk about it

Most of us use the services of banks (in particular, take out loans), and, unfortunately, we often have difficulties repaying them. And this leads to numerous problems, including threats from bank representatives and loss of property. In this case, the law does not always side with the creditor and provides for some restrictions on the right to make claims against the debtor. To understand how realistic it is to get rid of debts to the bank, whether it will write off the debt if you avoid contact with its representatives, how many years to do this and whether it is worth it at all, it is important to have information about the statute of limitations on the loan.

What is the statute of limitations on a loan?

By law, the bank is required to write off credit debt, if it is considered hopeless. And this happens when the statute of limitations expires, which means the time given to apply for protection of one’s violated rights. This is precisely the statute of limitations on a loan, that is, the period during which the lender can collect the loan debt. After the end of this period, the bank loses the right to demand that an individual repay the loan in judicial procedure.

But there is important condition, and it must be completed. During the credit limitation period, there should be no interaction between the debtor and the creditor. Thus, the borrower can get rid of credit debt, if during the limitation period he avoids contact with the bank, does not answer its calls, does not visit branches, does not sign for letters and does not make payments. Then there will be a chance that the debt will be cancelled.

Statute of limitations on credit debt

The period during which a bank or other creditor can claim a loan debt through the court, that is, the total statute of limitations on a loan, is 3 years. The Civil Code also provides for a 10-year limitation period. The main difference in the application of these indicators is the determination of the reference date. For each late payment, the period is calculated separately.

It is worth mentioning the statute of limitations for the guarantor, since special rules apply to him. If an individual, when receiving a loan, issued a guarantee as a guarantee of its repayment, in case of evasion of debt repayment, bank representatives will request compensation from the guarantor. But even in this case, the creditor’s rights are narrowed. The validity period of the guarantee is limited to the period specified in the relevant agreement. If it is not in the document, the obligations of the guarantor are valid for a year after the expiration date loan agreement. This is exactly how much time the law gives the bank to sue the guarantor.

When does the countdown start?

If the obligation has a deadline for fulfillment, as happens, for example, with loans, the Civil Code provides that the limitation period begins to count on the date of completion of the deadline. Therefore, courts are predominantly inclined to believe that the three-year statute of limitations on a loan begins on the day following the last payment. In other words, after the last time an individual deposited money towards a debt, the bank has 3 years to demand repayment of the debt.

If during this period there is contact between the lender and the borrower, for example, even the most small amount, the debtor will sign for receipt of a registered letter about the debt, visit a bank branch or its employees will contact the borrower by phone, the statute of limitations will be reset, and its countdown will begin again. At the same time, the transfer of debt to collectors does not affect this process, and when it occurs, the statute of limitations period continues to run, which began with the last payment or contact with the bank.

As for the 10-year limitation period, it is calculated from the date the loan was issued. Thus, regardless of the date of the last repayment of the debt or other interaction between the individual and the bank, 10 years after receiving the loan, the creditor can no longer claim its return by court decision.

Advice: You should not expect that bank representatives will calmly wait until 3 years have passed since the last loan payment or 10 years from the date of its execution, and are ready to accept the loss of the funds you owe. They will use all sorts of ways establishing contact with you, which will interrupt the statute of limitations. Therefore, it is worth finding a way to pay off your debts, and not rely on their cancellation. One option is to pay off the debt with a new loan. If you decide to use this method, we recommend that you read the information on how.

Consequences of expiration of the statute of limitations

According to the Civil Code, when a 3-year period expires from the date of the last payment or a 10-year period from the date the loan was issued, the bank can no longer lay claim to the debtor’s property, including debiting money from the account without the consent of its owner. You can no longer sue the debtor. But banks are in no hurry to recognize such debts as bad and write off them, since the law does not oblige them to make such decisions.

It is important to understand that even if you managed to avoid contact with the bank during the statute of limitations, you should not expect that the problems will end there. Even if you get rid of the risk of getting a court decision to collect the loan, you need to be prepared for other negative consequences:

A serious blow to your credit history. Information that you have avoided responsibility for an unpaid loan will certainly become available to potential creditors, and it is unlikely that you will be able to take out a loan in the future. new loan. Banks will not be interested in such a risky client.

Reimbursement of canceled debt. The Civil Code provides that repayment of loan debt is possible even after the statute of limitations has expired. Its countdown begins anew if the debtor acknowledges the debt and this is recorded in writing. Although the bank cannot recover the loan debt through the court, this does not mean that attempts to return the money will stop. Most likely, they will continue to call you, write to you with demands to pay off your debts, and may turn to collectors. It even happens that the bank sues the debtor after the statute of limitations has expired, and there is no guarantee that the judge will pay attention to this. Therefore, if this happens to you, file a petition to apply the statute of limitations.
Fraud charge. By taking active steps to evade loan payment, the debtor risks falling under the signs of a fraudster provided for by criminal law.

When can a debtor be considered a fraud?

If, after receiving a loan, you do not make a single payment towards the debt and avoid contact with creditors, they may initiate proceedings to declare you a fraudster. Article 159.1 of the Criminal Code provides for liability for fraud in the field of lending.

A credit debtor may be recognized as a fraudster, that is, a criminal, and brought to criminal liability if he has committed the following actions:

Provided knowingly inaccurate or false information when applying for a loan.
He fraudulently received a large sum (over 1.5 million rubles).
By using false information to obtain a loan, he took possession of a special a large sum(more than 6 million).

For such actions there are the following types responsibilities:

Fine.
Mandatory work.
Correctional work.
Restriction of freedom.
Forced labor.
Arrest.
Deprivation of liberty.

The specific punishment depends on the circumstances of the case, in particular on the amount of debt, the presence of conspiracy among a group of persons and the use of official position. But even if you manage to avoid prison and receive a more lenient sentence, just having a criminal record will spoil your biography and lead to numerous difficulties when getting a job and applying to various authorities.

As practice shows, the risk of being prosecuted for fraud is reduced under certain circumstances:

The loan amount does not exceed 1.5 million rubles ( we're talking about on the net amount of funds received excluding penalties, fines and interest).
The debtor made payments, that is, when receiving the loan, he had no intention of taking possession of the funds and not returning them.
The statute of limitations on the loan has expired.
The loan was issued against property (apartment, car, etc.).
The amount of income in the certificate provided for applying for a loan is slightly overestimated.
The bank sent a written notification to the debtor that he had financial problems and that immediately after their solution he undertakes to continue repaying the loan funds.

Let's sum it up

The statute of limitations on a loan is the length of time given to a bank or other creditor to bring a claim against the debtor through the court. After this period, the issue of repayment of borrowed funds can no longer be resolved in court, that is, the debt is cancelled. The limitation period from the day after the last loan payment is 3 years, and from the date of its execution – 10 years.

If there is contact between the debtor and the bank, for example, a visit to a branch, a telephone call, or the payment of even the most modest amount to the debt, the statute of limitations is interrupted and a new countdown begins. It is difficult to avoid such contacts, but even if you manage not to interact with representatives of the creditor for the entire 3 years (10 years), the problems will not end there. The persecution is likely to continue, and the bank may even initiate proceedings to declare the debtor a fraudster.

If there are overdue payments on the loan obligations assumed, situations often arise when the bank sues the borrower. Such actions have legal basis, however, exists. When it ends financial institution loses the legal ability to demand payment of the loan through the court. It is in relation to this period of time and its reporting point that questions arise.

Does credit debt have a statute of limitations?

According to the Civil Code of the Russian Federation, the limitation period for loan obligations is three years. At the end of it, the borrower receives the right not to repay the loan (although the presence of a corresponding one may change the situation).
However, there are nuances that you should be aware of.

Judicial practice establishes various reporting points from which the required period of time should be calculated. Often, many borrowers consider the date of the report from the conclusion of the contract or from the last payment. However, the court most often calculates the statute of limitations for credit debt from the moment of last contact with bank representatives.

Some courts can calculate the legal validity period of debt obligations based on the date specified in the contract full repayment loan. Moreover, in each region the court may consider the countdown date from different events. The best option will be a consultation with a lawyer who will consider the current situation on an individual basis.

Limitation period after a court decision

If the borrower somehow acknowledges his obligations, carries out any transactions on the loan, or enters into official interaction with the bank regarding current debts, the countdown of the statute of limitations of the debt is interrupted. As a result, if the borrower needs to avoid paying off the loan, then he should avoid any contact with the lender.

The limitation period for credit debt after a court decision is determined by a writ of execution. The period of its validity is also determined by a time period of three years, during which penalties may be applied to the defaulter. After the expiration of the established period of time for the debtor, all presented obligations are canceled.

How to determine the term of credit debt

Despite the legal basis specified period for credit debts does not have a precisely defined framework. Each court can interpret and calculate the provisions of the Civil Code of the Russian Federation differently. There are also nuances that can determine different decisions on the same case. Therefore, it is best to seek the assistance of a local lawyer to determine the time required. By presenting the entire current situation to him, you can count on a relatively accurate forecast.

There are several common mistakes that are most often made when determining the required time frame:

In any case, the countdown of the limitation period for credit debt will not begin from the date of the concluded loan agreement;
the calculation period is reset if the borrower entered into any agreements with the bank on the current loan;
Despite the assurances of the bank or collectors that the loan has no statute of limitations, the defaulter can be sure that at the end of three years all their claims for repayment of the debt have no legal force.

Situations arise when the loan agreement specifies a time frame for the limitation of loan obligations. Based on this clause, the bank will make demands. In this regard, it is worth understanding that the law establishes a three-year period, and therefore any other provisions of the bank, even those prescribed and signed in the agreement, no longer have legal force.

At the same time, the law does not prohibit demanding payments from the defaulter even after the expiration of the established time. However, such claims can no longer be brought in court through statements of claim.

Limitation period for credit debt after the death of the borrower

There is a separate point regarding the death of the borrower. In this case, the period when the bank has the right to demand the return of money through a lawsuit is also reset. Loan obligations They usually transfer to guarantors or co-borrowers, and in their absence - to children. Next, the three years established by law begin the report from the first non-payment of the new borrower. However, all the nuances associated with the timing of the calculation of the established period also apply.

What is the statute of limitations for bailiffs for collection?

The statute of limitations for credit debt after a court decision bailiffs is also calculated at three years. In this case, it plays a role performance list. You can apply for recovery according to its contents within the specified period. If this does not happen, it actually loses its power. The countdown date is counted from the moment the court decision enters into force. At the same time, in court it is possible to restore or renew the period of validity of the decision to collect.

The general limitation period is 3 years, but in some cases it can be suspended and extended, but not more than 10 years from the date of signing the agreement with financial institution.

A certain portion of loans issued by banks to individuals and legal entities, never come back. To protect their rights, creditors resort to help judicial system by filing claims. However, the legislator has established a time frame during which a party must take measures to assert its rights. According to Article 196 of the Civil Code of the Russian Federation, the general limitation period for a loan is 3 years from the day the borrower was supposed to pay the amount of the debt.

Example: Alexander Ivanov issued a loan for consumer needs at the bank, and the debt repayment period expired on January 10, 2013. Thus, representatives of the institution must send and register statement of claim to the court no later than January 10, 2016, otherwise the initiation of proceedings will be refused.

As a rule, careless borrowers limit themselves to reading this norm of civil legislation and begin to keep a 3-year countdown, but in vain. In some cases, completely different articles of the code work, which can nullify all the efforts of the “deviators.”

What is the limitation period?

The legislator has defined a 10-year period from the date of occurrence of the obligation, during which the creditor must recover its resources (Part 2 of Article 200 of the Civil Code of the Russian Federation). Exceeding the specified time frame does not allow filing a claim with the borrower. So, if the agreement was signed on 01/01/2005, then the last chance to file a claim is the first working day after 01/01/2015.

Total amount of overdue accounts payable as of 06/01/2015 amounted to 2,512.7 billion rubles, having added more than 4 percent in May. The total volume of loans issued by banks reached 50 trillion rubles: this amount includes financing of legal and individuals, as well as other banks. That is why so many people want to avoid paying off their debts at all, since, in addition to the loan amount and interest, they will have to compensate for a penalty, a fine, or a penalty.

In what cases is the statute of limitations extended?

Even the most cunning debtor can become a “victim” of the bank if he is asked to sign an additional agreement, which will include a new date “X” for fulfilling obligations.

Example: If the last day for payment of the loan is 03/12/2013, and the debtor voluntarily signed an addition to the agreement, which specifies a different date for the final settlement with the financial institution (for example, 04/15/2015), then the statute of limitations on the loan is automatically extended until 04/15/2018.

Is the statute of limitations extended when making loan payments?

As follows from Article 203 of the Civil Code of the Russian Federation, the countdown of limitation is interrupted if the debtor takes steps indicating recognition of his obligations. And if, during the period of time allotted by law for the collection of funds, the debtor recognizes an obligation in writing, the statute of limitations begins again.

Example: If the payment date was set for 05/06/2012, and the borrower paid cash to the bank account on November 10, 2014, the limitation period will be determined on November 10, 2017, and not on May 6, 2015.

How is the limitation period for collecting a loan from the borrower's guarantors calculated?

According to Article 201 of the Civil Code of the Russian Federation, the same principle applies: 3 years from the date on which the final settlement was due borrowing operation. If the bank assigns its claim to another organization (collectors), this does not entail an extension of the period of time during which the legal proceedings.

Example: if Peter Ivanov has not paid off the loan before 03/15/2013, then a statement of claim to the court to recover funds from the guarantors must be filed no later than 03/15/2016. In this case, the period is extended if the subjects of legal relations have signed an additional agreement.

In what other cases are deadlines suspended?

The legislator has defined absolutely fantastic situations: wars, natural disasters, special legal norms establishing a moratorium on the fulfillment of obligations. Moreover, they must arise and continue during the last 6 months preceding the expiration of the deadlines.

A more realistic situation is an attempt to resolve the dispute out of court. If it is unsuccessful, you can file a claim later for the period of time during which the negotiation procedure was carried out.

What to do if the obligation is fulfilled after “day X”?

You will not be able to get your money back if the loan (fine, penalty, interest on it) was repaid after the expiration of the time specified in Article 200 of the Civil Code of the Russian Federation. But if the court makes an unlawful decision, you can appeal it to established by law ok.

Is it worth responding to the demands of collectors?

“Specially trained” debt collection companies like to carry out explanatory work with negligent borrowers. We recommend not to conduct any negotiations with them, not to sign papers, limiting yourself to business correspondence and court hearings.

In this article, we will look at the statute of limitations on loans, find out whether banks write off loan debts, and analyze the collection periods under a loan agreement.

Availability of credit coupled with unfavorable economic situation in the country led to a significant increase in the number of outstanding loans. Very often, proceedings between a borrower and a lender are resolved in court. However credit organisation can return his money through the court only if the statute of limitations on the issued loan has not expired.

The period of validity is understood as the period during which a person whose rights have been violated can go to court. In the context of the issue under consideration, legal proceedings are initiated by the bank against the unscrupulous borrower.

The statute of limitations for overdue credit debt is three years. Many borrowers mistakenly believe that the starting point is the date of conclusion of the loan agreement.

The statute of limitations begins from the moment when the rights of the credit institution were violated. This point is legally enshrined in the Civil Code in Article 200, Part 1.

To establish the exact date, it is necessary to carefully review the loan agreement. The start of the period will be the date from which the borrower stops depositing funds into the account with the bank.

The statute of limitations for related debt in the form of interest, fines and penalties expires simultaneously with the statute of limitations for the principal amount of the debt. The date of their accrual does not matter. The exception will be those cases when the contract stipulates that interest is paid later than the amount of the principal debt. Here the limitation period will be determined separately.

If the debtor does not make payments within three months, the bank may demand a one-time repayment of the entire amount of the debt specified in the agreement. In this case, the limitation period will be counted from the moment the claim is issued.

Debtors should also remember that even after the statute of limitations has passed, the bank can sue. And there are examples of positive solutions. In this case, the debtor has the right to file an appeal, which will state the requirement to recognize the statute of limitations as expired.

Suspension and recess

In some cases, the limitation period may be suspended. There are several conditions for this:

the claim was not filed due to force majeure;
legally issued deferment;
the debtor is serving in the troops located in the war zone;
when the law governing the relationship between the parties changes.
The parties resolve the issue out of court.

The statute of limitations may be interrupted if the borrower performs actions that can be regarded as agreement with the existing debt. This point is spelled out in Article 203 Civil Code RF.

These actions include:

recognition of claims made by a credit institution;
signing an amended loan agreement, which confirms that the borrower agrees with the debt;
client's application requesting credit holidays, provide the opportunity to defer payment, refinance debt, etc.
payment of even a small part of the debt.
Availability of an act of reconciliation of mutual settlements, certified by the seal of the bank.

If at least one of the above cases occurred, then the statute of limitations stops. After this, the three-year period is counted again, from the moment the reason for its interruption arises. But if the debtor simply responded to the claim, without indicating that he was responsible for this particular debt, then this fact is not recognition. Therefore, there cannot be a break for it.

The total limitation period with all interruptions and suspensions cannot exceed 10 years.

Is it possible not to pay a loan after the statute of limitations has expired?

Many borrowers who find themselves in a difficult financial situation are wondering whether it is possible not to pay a loan at all if the statute of limitations on it has already expired?

It's worth remembering that borrowed funds are issued exclusively on condition of repayment. The borrower is obliged to repay the funds in compliance with the conditions specified in the agreement. Therefore, the concept of limitation is considered not in terms of the possibility of not paying for a loan, but in the rights of the bank to seek borrowed funds through the court.

Even if the statute of limitations has passed, the bank will not forget about the debt. He will no longer initiate legal proceedings, since the court will refuse to open the case. Most likely, his employees will continue to write letters, call or try to put pressure through relatives or guarantors.

If the bank itself cannot resolve the issue with the debtor, then the debt in most cases is resold to collection agencies. And their working methods are known to everyone.

There is a lot of information on the Internet that if you revoke the “Consent to the processing of your personal data,” then all persecution should stop. In practice this doesn't work. According to Article 9 Federal Law No. 152 bank or collection agency has the right to continue to use data about you to fulfill its own rights and interests.

However, recently a law was passed that clearly regulates the activities. They are prohibited from making calls on holidays and weekends, visiting the borrower more than once a week, threatening and intimidating, or causing harm to health or property. All communication must take place strictly on weekdays. They are also prohibited from disclosing information about the debtor to third parties and about his debt.

Therefore, in order to avoid all this, before signing a loan agreement, everything must be carefully calculated and weighed, since its signing entails the beginning financial obligations that need to be completed.

The law allows the debtor to refuse to communicate with representatives of a credit institution or collection service employees. To do this, he must provide his decision in writing (in the form of a registered letter or a letter delivered against signature).

Limitation period for a loan from a bank that has been declared bankrupt

To pay or not to pay a loan to a bank that has gone bankrupt or lost its license? Revocation of a license does not always mean that the credit institution will be liquidated. Most often, its activities are simply suspended for some time.

Given this turn of events, there are several courses of action.

The borrower can continue to make payments on the loan.
If payment cannot be made due to circumstances beyond his control, then the statute of limitations will be suspended (Article 202 Part 1 of the Civil Code of the Russian Federation).
If a bank goes bankrupt, then after identifying a successor, it will work to repay the debts of the bankrupt bank.

Some unscrupulous citizens may take advantage of the statute of limitations to commit fraud. They expect to take out a loan and not repay it at all. Such actions can have serious consequences. In this case, the bank may legally demand payment of the debt. In addition, the creditor has the right to initiate a criminal case for fraud.

In order to avoid such a situation, the borrower must contact the bank in writing. The notification must indicate that circumstances have arisen that have resulted in a temporary impossibility of paying off debt obligations.

There are other ways to confirm that there was no malicious intent when obtaining a loan. These include:

loan obligations are backed by collateral;
several payments have been made on this loan;
the amount of debt is insignificant (less than one and a half million rubles).

If the statute of limitations on the loan has passed, then the bank does not have the right to sue the borrower if he is recognized as a fraudster

Even though the creditor will not be able to claim the debt after the statute of limitations expires, the debtor may face negative consequences. A damaged credit history will not allow you to get a loan from banks in the future. It has been stored for fifteen years. This information about defaulters allows banks to protect themselves from negligent debtors