If a bank with a borrower has a problem situation in the process of repaying a loan, then in the overwhelming majority of cases, this results in court trials with banks on loans. At the same time, you need to understand that this is a turning point in relations with the financial structure, and after the court makes its own decision, you will almost not be able to somehow influence the current situation.
What's happening
After the sentencing, the bailiffs enforce it. It is worth noting that courts with banks on loans are held quite often for the reason that financial institutions are well aware that bailiffs have very, very broad powers, ranging from the possibility of withholding salaries to the seizure of personal property. Thus, the effectiveness of your defense during the trial will directly determine how much money you will owe to the bank and whether you owe it at all.
How to protect your interests
In order for courts with credit banks to proceed as efficiently as possible, defendants must collect as much information as possible, including the location of the meeting, clear requirements of the bank, and much more. Some of these issues are quite easy to find out today via the Internet, that is, you don’t even need to leave your home, however, in order to get really important information, you will need to directly appeal to the court, which will have to provide you with case materials for further familiarization.
Why is it necessary
Based on this information, it will already be possible to decide whether you are ready to fulfill the requirements set by the bank or, if you are not ready, which part you are going to dispute. It should be noted right away that in the overwhelming majority of cases, courts with banks on loans last for 3-12 months, so you need to be prepared for a rather lengthy procedure.
How to find a venue
If you find out that you are facing a court hearing from the summons received, then in this case you are unlikely to have a question about where and when this procedure is carried out, since the summons includes all this information. However, practice suggests that often a court with a bank on a loan can be carried out with a number of difficulties, so try to play it safe and pre-check the information posted on the website of the court. Due to this, you can not only protect yourself from possible errors on the part of court employees, but also from falsification, which is periodically resorted to by representatives of some banks or collection agencies in order to put pressure on your borrower. Of course, far from always falsification of documents is carried out when a trial is conducted with a bank on a loan, court practice says that this is rather rare, but if you fall for just such a company, then you will have to spend a lot of nerves and time to get rid of these problems.
What to do if they sent not just a summons
In some situations, they may send you not summons, but immediately a whole package of documentation, including a copy of the statement of claim from the bank, as well as a decision on the purpose of this proceedings and a whole series of other records. In all these papers it will be possible to easily find the name of the court, the address of the location of the institution, as well as the exact time and date at which the meeting is scheduled. Although there are practically no cases of falsification of these documents, it’s still best to just go to the court’s website and additionally check the necessary information, since everything here depends on which company the court is conducting with the bank on credit. Feedback from experts suggests that in some cases, banks resort to a variety of methods in order to win the case.
In the overwhelming majority of cases, it is enough to simply enter your last name, but in some cases this does not give a result and you need to search by additional parameters, such as the case number, the date it was received and some others. It is far from always that borrowers manage to get a timely summons, as well as other official documents. In some cases, it happens that a message about filing a lawsuit for non-payment of a loan is delivered in other ways, among which, for example, a call to a borrower from the office or a person simply finds out that he is facing a trial in the process of negotiating with his bank .
What you need to know
Regardless of how you found out how the trial on the loan goes, first of all you need to find out the name of the judicial institution, as well as the exact time of the meeting. Already after that, key points can be clarified through the court’s website, such as:
- the validity of the scheduled meeting;
- appointment of meetings for a specific time;
- which judge will consider the case.
If you don’t know about which particular court the lawsuit for the loan was filed with, you should check several possible options, since today each judicial institution has its own website. First of all, we recommend that you familiarize yourself with the site of your district court, which relates to your place of residence. In the event that there is no information on your case on the court’s website relating to your case, then you will need to check other options where a lawsuit could be filed with a bank on credit (I’m an IP, for example, means You can also check the courts at the place of registration of the business).
Check the district court website for the location of the bank. In addition, you can make a call directly to the bank itself in order to get all the necessary information from them. If, however, no option from this list allowed you to find information on this matter, then most likely you are being misled trying to intimidate how the court goes with the bank on the loan, although in fact the lawsuit has not been filed.
How to get case files
Before preparing for a lawsuit, you must understand what requirements your bank makes and what arguments it uses to achieve its goals. Do not forget that the court with the bank because of the loan is an extremely serious event, and such information is not secret and it is not so difficult to access it. In the overwhelming majority of cases, a bank statement of claim includes all the data you need, and at the same time, you have every right to use it.
Can the bank send them
In some situations, a copy of the statement of claim is sent directly by mail to the borrower, but this is far from always observed when a trial is conducted with a bank on credit. Judicial practice suggests that this is far from the most frequent scenario, but if this happened, then this is undoubtedly a plus. Further, if you found your last name on the court’s website, but you still haven’t received a copy of the claim by mail, then do not wait for it, as you simply lose time - it’s best to immediately go to court to get acquainted with all the necessary materials.
Formally, in order to find out the features of how the court will be held with the bank for non-payment of a loan, you will need to contact the office of the institution on any of the working days. But at the same time, practice, again, suggests that in the overwhelming majority of cases, the materials of the case are always located with the judge who will be involved in the consideration of this case. Reception hours are limited, and it is often Thursday until noon, and also Monday afternoon. So that you do not need to attend a judicial institution twice, it is best to specify the reception hours specifically for civil cases in advance, and then plan to visit a judge during this time period.
Different courts - different approaches
It is also worth noting the fact that different courts may have different procedures for familiarizing themselves with cases. Thus, in some institutions they are asked to write the corresponding statement, but any such details are often specified on the spot. The main thing is to take your passport with you, and also specify in advance the name of the judge who is considering your case.
The materials of the case on a loan dispute mainly include up to 100 sheets, but in some cases there is much more material. Just studying them on the spot just won’t work, so just try to take a picture of them so that later you can analyze everything in a more relaxed atmosphere. The cameras used in modern telephones are of good quality, but it is best, of course, to shoot on the camera. Most likely, the use of these materials will be useful not only to you, but also to your credit attorney, if you still use the services of professional specialists.
How to prepare
The key thing you will need to photograph is the statement of claim submitted, so it will need to be studied first. This bank fully describes the history of your relationship with the bank in the legal language, after which the list of claims against you from the financial institution that it wants to present to you through the court with the bank on the loan is listed. Practice says that if you do not have a professional legal education, then in this case it will be extremely difficult to understand the various subtleties of this. In any case, look at the last section of the claim, which indicates what specific amount the bank requires from you, and also for what reason the bank calculated it.
How to act
If you agree that the amount indicated by the bank is quite fair and justified, then in this case you are not required to take any additional actions - just visit the court session and say that you agree to satisfy the claim. If you ignore the meeting, then the result will be exactly the same.
If the requirements of the bank do not suit you, you will need to do a lot of work in order to defend your rights. You will need to conduct a detailed verification of calculations, an analysis of the loan agreement, as well as a study of how the statement of claim and the loan agreement correspond to the current evidence. It is for this reason that it is recommended that you use the services of professional lawyers who can do all this work for you.