In the article, we consider whether the collector can sue.
Often collectors can threaten litigation in the framework of communication with debtors, intimidating people. At the same time, they put pressure on a person in a moral way. Does such a service have the right to do this, how should an individual act, and what could a court with collectors threaten? All this needs to be understood.
Legal and institutional framework
So, find out if the collector can sue.
Based on the legislation, lenders represented by MFIs or a banking institution have the right to repay debts on loans not paid by the borrower through the court. The primary creditor is a bank or an MFI, but if the borrower fails to fulfill a financial obligation, it is possible to transfer debt to collectors in accordance with the provisions of Article No. 388 of the Civil Code, unless otherwise provided by a loan agreement or other legal acts. Subsequently, loans can be transferred to collection agencies through the conclusion of two types of documents: an agency agreement or an assignment agreement.
It turns out that the latter gives the collector the opportunity to become a lender to the borrower. It is from now on that he will need to return the financial resources borrowed before at the bank. In this regard, when answering the question of whether collectors have the right to sue, one should turn to Federal Law No. 395, from which it follows that they officially can. Selling debts gives the authority of the primary creditor.
It should also be taken into account that in the event that the loan has reached the limitation period, then selling debt to collectors does not make any sense, however, like applying to the court in this matter. For a clear understanding of this term, you should look at article No. 196 of the Civil Code, which states that the statute of limitations is three years. After the debt is written off.
Whether collectors are suing is interesting to many.
The main reasons for going to the collector’s court
It is worth noting that collectors very rarely go to court in practice. Typically, debt collectors use threats as their main weapon, however, they resort to it only if other options for knocking out funds do not work. Before the trial, they may threaten:
- By charging a person with very large fines.
- Notifications of debts of relatives, employers, neighbors, which, however, are prohibited by the new Federal Law No. 230.
Today, collectors are very limited in their actions and rights. However, a huge number of complaints from borrowers indicate violations of the anti-collection law, which entered into force in early 2017.
Do collectors sue the debtors, we continue to find out.
Big debts
In most situations, if the amount of debt is small, for example, less than one thousand dollars without markups, then a loan trial is unlikely to take place. Small proceedings are disadvantageous for the agency, since in most cases the state body relieves borrowers of large fines that are charged by collectors. And the smaller the amount of debt, the more insignificant are the chances that a lawsuit will be filed on the loan.
Imaginary lawsuit
We have determined whether collectors have the right to sue.
Litigation is always costly. Sometimes companies go to the fraud and send imaginary claims to debtors with subpoenas and even decisions, which is against the law. Such papers, as a rule, should be sent by the judicial authority. Another cunning on the part of collectors is threats of criminal responsibility, which simply cannot be in this case according to the law. A person will not be sent to prison if they have not been paid debt on loans. Now we will figure out how the current situation can be resolved.
Whether collectors have the right to sue is important to find out in advance.
Settlement methods
The law that has entered into force has changed a lot, including the procedure for interaction between the debtor and the collector. If they go to court, then definitely do not need to panic. Such an action will prove beneficial primarily to borrowers for several reasons:
- The penalty is terminated.
- Calls to remind debts are no longer made.
- The opportunity to reduce the amount of debt.
The lawsuit filed by the collectors suggests that the issue will be resolved exclusively within the legal framework, which is very good. It is worth giving an approximate plan of action for the debtor:
- You should study the available materials in the case, paying particular attention to the general content of the statement of claim, and, in addition, to the availability of evidence of guilt.
- It is worth asking what status is involved. For example, if collectors filed a lawsuit, and it is still pending, what can be done? Submit a written objection to the applicant. An appeal may be made after consideration of the matter within thirty days by a state body.
- You should seek help from a lawyer. A qualified specialist can achieve partial or full write-off of the fines that collectors charge before filing a lawsuit against the borrower. It is also possible to reduce the amount of debt, due to certain circumstances (loss of work, occurrence of illness, loss of breadwinner, etc.).
Returning to the question of whether collectors can sue the debtor, it should be borne in mind that, despite the new legislation (No. 230 FZ), illegal immigrants continue to work in the current market, who generally have no right to file applications with the judiciary. In any case, it is not worth bribing on a dubious threat.
Whether collectors of microloans are suing is an urgent issue as never before.
Features of litigation
Whether the collector can sue is now known.
If this happens, you must immediately prepare for the fact that the hearing of the case will definitely not be quick. This is the pattern of activity of Russian government agencies, as always it is very slow, but sure. It is necessary to take into account some features of statements of claim. For example, if the amount of the debt does not exceed fifty thousand rubles, then the justice of the peace will deal with the issue. In other figures, the case is automatically sent to the district authority.
In the event that the collectors win, then the citizen will have to come to terms with this by fulfilling all the prescribed obligations. In practice, agencies allow the possibility of cooperation with bailiffs who will begin the process of compulsory debt collection legally.
Collection agencies do not have the right to collect penalties on their own, they cannot take valuables and deprive people of their property too. Only the bailiffs have such powers.
Collector violating the law
Is it possible to sue collectors? The use of methods prohibited by the new legislation in the form of intimidation, damage to the property of the debtor, insults, etc. may cause the citizen to appeal to the Federal Service for Supervision of Consumer Rights Protection and Human Welfare. This is the best option. In addition, with the support of federal services, it will be easier to get rid of the collection penalty. There are several ways to file a complaint about the illegal manipulation of such firms:
- Online on the official website of Rospotrebnadzor.
- Having submitted the application personally to the office of the service (you need to write the paper in duplicate).
It should be remembered that the only right that the collector has is informing borrowers about existing debts, which should happen in a strictly limited amount: a personal visit no more than once a week, calls no more than once a day. Violation of these rules is a direct road with a complaint to Rospotrebnadzor.
Are Everest collectors suing? Let's see below.
Everest Collection Agency
This organization is no different from others. If there is any difference, then most likely this is a loud statement by leaders about the breadth of coverage of the sphere of influence. Today, this institution is a member of NAPCA and has many different representative offices, which means it has a large number of addresses and phone numbers.
Feedback on the activities of the agency in question does not contain anything intimidating or alarming. It should be noted that in the communities of social networks and forums on the Internet you can find a lot of comments about the activities of Everest.
Mostly there are complaints about calls, and, moreover, about sending letters with the text of the application to the court. According to debtors, the usual method of collectors of this company is to send a message with a statement of claim. That is, threats are provided that if a person does not repay debts with interest, such a statement will be in court. Experts attribute this to a simple psychological technique that you should not be afraid of.
Conclusion
Thus, today collectors threaten debtors with a court quite often. It negatively affects people, especially in moral terms. Therefore, the question of whether the collector can sue is probably of interest to every citizen who owes a certain amount to the bank for various reasons. At the same time, it is extremely important to be familiar with the legal side of the issue under consideration and not to forget about your obligations.