Of course, today in almost any bank you can get a loan without any problems. Many people have resorted to this opportunity, since it is extremely difficult to acquire an expensive thing, for example, a car, in another way.
The problem is that not all borrowers can soberly assess their financial potential. In the end, this leads to the fact that they violate the payment schedule and face penalties. Some even begin to wonder: “Can they plant for non-payment of a loan”?
In addition to this, a credit institution most often sets an overstated interest rate in order to somehow compensate for losses that may arise as a result of a breach of obligations by the debtor.
Nevertheless, the question of whether they can be planted for non-payment of a loan is interesting to every person who intends to borrow money from a bank. Let's consider it in more detail.
What experts say
Indeed, experts in the field of lending, answering the question of whether they can plant for non-payment of a loan, theoretically do not exclude the use of arrest against the borrower. But in today's practice, such cases are very rare.
Already at the initial stage of non-fulfillment of the loan agreement by the borrower, the banking institution begins to take measures to return its own money and interest on it. At the same time, financial institutions do not want to engage in “knocking out” money from the debtor on their own and partially sell debt to collection agencies. Naturally, it is unprofitable for them to part with their money and they turn to the above-mentioned offices only in extreme cases.
The latter, of course, do not always act within the framework of the law, but they also do not want to be malicious violators. Therefore, in most cases, their only weapons are threats by telephone. And here it is that the borrowers are seriously thinking about whether they can plant for non-payment of the loan.
Responsibility for default
The criminal law does not have sanctions that would deprive of freedom for non-payment of a loan. However, in law enforcement there were cases when non-payers were sent to prison, but their actions were qualified as fraud.
However, they did not have any property that could be foreclosed.
Try to resolve the problem with the bank yourself
If at some stage you understand that you may have problems with paying out borrowed money, then it is better to settle this issue with the bank without any conflicts. Then you do not have to rack your brains over whether they will put you for non-payment of a loan. To prevent the bank from taking drastic measures, convince him that you are not refusing to repay the debt and explain the complexity of the situation. Surely the bank will meet you and change the payment repayment schedule.
If the bank does not show loyalty to you, then you, unfortunately, cannot avoid communication with representatives of the collection agency.
Therefore, in no case do not allow such a form of breach of obligations as non-payment of a loan. What threatens the non-return of money - you already understand.
However, communication with employees of the collection office is not the only measure of influence on the debtor. Of course, banking institutions have the right to apply to the courts for the protection of their interests.
Many may ask a logical question: “If there is a non-payment of a loan, what is the risk of violating the terms of the loan agreement if it comes to court?” The answer is obvious: the borrower will suffer materially: besides the fact that he will be obliged to pay off partially or fully the debt, he will be liable for paying interest and interest. And if we are talking about malicious evasion of a large amount of debt (more than 250 thousand rubles), then a court for non-payment of a loan can bring the offender to criminal liability.
After a certain amount of time after the entry into force of the judicial act, enforcement proceedings are initiated , and all property owned by the debtor is arrested by force.
In any case, in matters relating to the non-repayment of the loan, the help of an experienced lawyer can not do. He will be able to reduce the amount of penalties and in certain circumstances even recognize the loan transaction as invalid.
Well, if the court decision has already been made, then the lawyer will try to find reasons for his postponement.
To minimize the risk of financial problems with the bank, think carefully before applying for a loan. If you do not have a firm belief that you will be able to part with the nth amount of money on a monthly basis without damage to yourself, then you should wait a bit with the loan. Remember that you need to borrow money wisely and pre-calculate all the force majeure circumstances that may arise in this regard.