Lawyer Gukova: Bank may file a lawsuit in case of long-term delay in loan payments
The bank has the legal right to go to court with a demand that a client who has allowed a long delay in loan payments pay off the entire debt within a short time. This was stated by the founder of the company “Consul” Irina Gukova, her words are quoted by the newspaper “News”.
The lawyer reminded that most credit agreements provide for no more than three months of delay in monthly payments with corresponding penalties. If the client cannot clearly formulate to the bank the impossibility of repaying the payment taking into account the penalties that arose during the specified period, the bank has the right to demand that the client immediately repay this obligation.
If at this stage the borrower does not provide reasons why he was unable to make the payment on time, the financial institution may apply to the court with a demand to seize all identified assets of the debtor through the Federal Bailiff Service (FSSP). “If the amount of the claims is more than 15 percent of the estimated value of the asset, then the procedure for their seizure from the debtor’s property begins,” Gukova summarized.
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In addition, banks may initiate bankruptcy proceedings against a problematic client at their own discretion. If this fails, the debtor’s property is transferred to the balance sheet of the Federal Property Management Agency. This agency, in turn, sells these assets at auction through specialized organizations to pay off the debt. The proceeds from this are returned to the creditors, the lawyer concluded.
Earlier, Deputy Head of the ABC collection agency Evgenia Utkina said that by the end of 2023, the total amount of Russians’ debt on loans amounted to a record 3.3 trillion rubles. According to her, over 12 months, the figure increased by almost 300 billion. Against the backdrop of another increase in the key rate, the analyst predicted continued growth in borrowers’ debt.
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