Disputes with banks arise because of loans that were taken there. Conflicts arise due to incorrect settlements, illegal provisions of contracts, etc. All this directly affects the rights of citizens.
Which court is considering the case
If a bank applies to the court to recover money, the materials are sent to the place of registration of the debtor. If the claim is directed by the second party, then at the location of the bank or registration of the client. The reason is in the norms of the law “On Protection of Consumer Rights”.
They apply to the magistrates court when the disputed amount does not exceed 50 thousand rubles. Disputes with banks rated above this limit are dealt with at the district level.
If it does not immediately become known that the case should be considered in a district court, it is terminated and transferred to the court.
Now about the arbitration courts. If the agreement was signed after 07/01/2014, disputes with banks in arbitration courts are considered with the consent of the client, which he gave after the arrears, and not at the time of signing the loan agreement.
The difference between a lawsuit and a court order
The order is issued after the claimant's application by the court on the basis of the materials that were provided to him. The formal difference is that the plaintiff is called the claimant, and the defendant is called the debtor.
The judge, considering that the material meets the formal requirements, issues an order. They do not call anyone to court, additional materials are not provided. The court also does not have the right to demand documents on its own initiative.
The issued order is sent to the defendant with a copy of a set of materials filed with the court. Interestingly, some documents attached to the order are opened only to the court. Claimants expressly indicate that they are not for the defendant. This is a direct violation of the law and judges often look at it through their fingers.
The defendant, having received the order, has 10 days to appeal. The application shall be submitted to the judge who issued the order. If you miss the deadline, the dispute with the bank in fact is over.
Cancellation of a court order
To cancel the court order is simple - send a statement of disagreement with him in time. Why is it so simple? It is difficult to say, but, nevertheless, it is a fact.
If time was missed for good reason, the debtor has the right to restore the deadline for cancellation. The request is set forth directly in the application for the annulment of the court order.
By the way, it is not necessary to state all your arguments against the recovery application. It is enough to express your disagreement.
The judge will cancel the order, but the plaintiff will then go to court with a lawsuit, and just refusing to recognize the claim is no longer enough.
What arguments to provide
Banks apply to the courts with claims for the return of debts. Together with the claim, a copy of the contract is provided, as well as a debt calculation. The workload of judges leads to the haste of making decisions, therefore it is advisable to appear at the court with ready-made arguments.
In particular, saved receipts confirming payment of the debt. Some banks try to mislead the court as to how much the client actually owes and whether it should at all.
Debt arises sometimes due to difficult life circumstances (illness, job loss, loss of income, etc.). And the debtor is trying to give money to the bank as far as possible. If you attach the relevant documents to the case, this will facilitate a dispute with the bank.
An application for the reduction of the penalty must be submitted on its own, preferably through the office in writing. Filed in this way, it will not be ignored. In addition, this must be done before the court leaves for the deliberation room.
In practice, attention is drawn to the explicit delaying of the bank with a lawsuit. The client is clearly not able to repay the loan in the previous volumes, the installments were refused or the request to this account was simply ignored.
If the client wishes to challenge the legality of the contract or part of its provisions, a counterclaim is filed, one objection is not enough. A new lawsuit is adopted before the end of the preliminary meeting, before the start of the consideration of the case on the merits. If you are late, the counterclaim will not even be considered.
The subtleties of mortgages
According to the Law "On Mortgage", if the delay is allowed for no more than 3 months and its size is not more than 5% of the price of the object, the court must refuse the lawsuit. Legal disputes with banks over real estate have their own specifics, affecting many nuances, in particular, foreclosure on mortgaged property.
By law, all mortgage disputes with individuals must go through court. A separate procedure for the sale of mortgage property is provided.
How to file an objection
Existing objections are stated on paper and prepared in advance. A copy is first handed over to the office.
Approximate scheme:
- name of court;
- Name of judge;
- case number;
- the defendant;
- the plaintiff.
If there are certificates, they are attached to the objection and listed in the annex to the objection.
If the objection is based on an incorrect calculation of the debt, the defendant shall attach his. Judges rarely have math skills. The defendant must be able to clearly explain everything.
Disputes with banks on loans are a complex category of cases, and you need to prepare for them with the help of a specialist who understands the nuances of credit legislation and judicial practice.