Statute of limitations on a loan at a bank for individuals

The statute of limitations on a loan as a basic concept is considered in the current civil law. After its completion, financial institutions are not able to force the debtor to pay the amounts due. The law establishes a certain time interval, but there is no wording for the beginning of this period. Therefore, various disputes between the parties to the conflict on this issue often arise. The time period during which a banking institution has the potential to recover amounts from individuals is called the limitation period for credit obligations. After a fixed date, banking institutions, under applicable law, can no longer demand a refund. This opportunity is used by various scammers in the hope that they will be able to avoid payments on their obligations. But is it that simple? In this article, we will consider these issues in more detail.

What does the concept of limitation mean?

When people apply for a loan, as a rule, they rarely think about the question of how long the statute of limitations for a loan is established under the contract, and whether it exists at all. By law, such a term, of course, exists.

A loan limitation period is a period of time during which a banking institution can recover funds from a borrower through the judiciary. Three years must pass by law from the date the last payment was made.

In 2018, the limitation period is calculated in the amount of 36 months. After it, any recovery of the bank by the amount of credit debt after the expiration of the limitation period for a loan in judicial practice can be considered unreasonable.

When borrowing from a bank, you should be aware that any period can be reset to zero and start from the starting point for any contacts with a banking institution. However, the fact that when a bank employee calls the customer is not sufficient to justify the termination of the deadline, since it is not evidence of interaction until a record of such a conversation is provided.

How to calculate?

In order to calculate the statute of limitations on loans to individuals, you need to look into the Civil Code.

On this issue of the Civil Code of the Russian Federation in Art. 196 claims that such a period is three years.

How to calculate the statute of limitations on a loan in order to accurately determine the starting point for the upcoming protection of interests. A banking institution may apply to the judiciary at any time. In this connection, payers must independently prove the fact that the partner missed the deadline. For this purpose it is necessary:

• write a request to remove your personal data from the banking system;
• draw up a statement to the court on the suspension of questions on the return of the amount of debt after three years.

There are three options for recording the statute of limitations for the recovery of a loan by a bank in legal practice:

1. After the last installment has been refunded, when the relationship with the financial institution comes to an end. For example, this situation applies to credit cards with a perpetual contract;
2. From the end of lending, when the loan document expires;
3. From the moment of receipt of requirements from a financial institution for the payment of debt ahead of schedule. This is possible already 90 days after the start of the delay.

When hearing a case, the judicial authority chooses any of the options described. Moreover, the practice of decisions is different. The interpretation of the law is subject to change. However, it should be noted that the moment the loan is issued is not a reference point.

After the trial has passed, the non-payer is obligated to pay the “loan body”, penalties, interest and expenses of the plaintiff. After the trial, bailiffs are involved in the case, which they have put into practice the resulting enforcement proceedings for 2 months. But the collection time is regulated by three years.

Consideration of the issue of collection may be suspended in the case when the payer is not found. However, for another six months after the establishment of this fact, the bank may begin the process again. There is a practice of collecting debts even after 5 and 10 years.

Example

Borrower Ivanov A.A. took a loan in the amount of 100,000 rubles for 12 months on February 24, 2019. On the 24th of the month he must make a payment. During the first three months until May 24 inclusive, Ivanov A.A. paid on a loan. On June 24, the amount was not paid on the next payment date. From this moment, the lender is aware of the delay, the limitation period begins.

After a month, the next payment is also added to the amount of debt, taking into account the late fee. It is in the amount of this amount that the three-year statute of limitations begins on July 24, 2019. More clearly, the calculations are presented in the table.

Calculation of the limitation period for a loan of the Russian Federation

Term regarding loans to individuals

When creating credit documents, the bank gives the client funds to be repaid within a certain period. The obligation to return the funds lies with the citizen until the date of completion of the signed document. When considering the statute of limitations on a loan, judicial practice provides for the satisfaction of the conditions of banks and institutions after the submission of competent proven facts. Judges at various levels have different views regarding the starting point of the statute of limitations. There are no specific solutions. Most lawyers interpret the law in their own way.

Art. 196 of the Civil Code of the Russian Federation establishes that for 3 calendar years the bank may present its requirements for the payment of a loan. The date from which the limitation period under the loan agreement begins to be calculated is not regulated. Art. 200 of the Civil Code of the Russian Federation reflects that this date should be counted down on the day when the credit company found out about the suspension of payments. The loan documents contain a payment calendar that correctly indicates the number of all months when funds are transferred to the account to pay off the debt. In the event of a delay in payment, bank employees will immediately find out about this fact. On this day, a 3-year countdown will begin. It is curious that the limitation period for a loan at the bank is taken into account for each missed payment.

Example. 20.01.2018, Mikhailov A.A. issued a loan of 15,000 rubles for a period of 6 months. Every 20th day of the month you need to return funds to a banking organization. Two months before April 20, Mikhailov A.A. made all payments. May 20, debt was formed due to non-payment. The countdown begins. After another 30 days to the next installment will be added the amount of the debtor for the next payment and penalties for missing the commission. The maximum term is calculated from 05.20.2018.

It happens that the statute of limitations for a loan at a bank has expired, but the debtor has difficulties: collectors continue to demand payment. In accordance with Federal Law No. 230, an employee of a collection bureau does not have the right to visit a deadbeat more than 1 time per week. The number of calls is limited: up to 1 call per day, up to 2 calls per week, up to 8 calls per month. Communication is not allowed during the period from 22.00 to 8.00 on weekdays, from 20.00 to 9.00 on weekends and holidays.

Collectors have no right: to pose a threat to the health and life of people, to psychologically crush, to give incorrect information. It is forbidden to transfer any personal data to third parties. To confirm illegal acts with prepared evidence, you must immediately go to court and the prosecutor. It is important to have the following evidence:

• record conversations by phone;
• evidence of neighbors about the appearance of collectors in the apartment;
• Recordings from video cameras if “attacks” occur during operation.

The debtor base is growing every day, and collectors are actively trying to make money on this trend. It is possible to exclude personal communications with collectors and creditors if you send a rejection statement with a signature. This is done through a notary public or registered mail, as well as by personal delivery with a signature.

Until the statute of limitations on the loan at the bank has not expired, the loan must be repaid. Debt will continue to increase, starting from the clauses of the loan agreement.

Validity of claim in relation to guarantor

If a person has concluded a guarantee agreement on a loan, which was taken by a relative, comrade or other person, and this person has stopped paying a loan, bank representatives will contact the guarantor, offering to pay the debt. The guarantee is valid until the time it is provided under the contract. This limitation period for a loan at the bank is indicated in the contract of guarantee. If a specific date is not indicated, the guarantee is valid the next year after the completion of the loan agreement. If during this period the bank fails to file an application with the court, the guarantee is terminated. Here it must be taken into account that this term is exceptional, in other words, the obligation itself terminates: it cannot be restored, interrupted or recounted. Even if the bank submits a statement to the guarantor more than a year after the completion of the loan contract or after the expiration of the period specified in the surety agreement, it is necessary to inform the end of the obligation, with reference to paragraph 6 of Article 367 of the Civil Code of the Russian Federation.

Statute of limitations in relation to a deceased borrower

The situation depends on the terms of the contract of guarantee. There are two aspects:

1. If there is a clause in the contract that the guarantor agrees in the event of the death of the debtor to bear the blame for it, then the guarantee does not end. Further, after the establishment of the assignee (the heir to the deceased debtor), the guarantor does not cease to be liable by agreement, but for another person.
2. In the absence of clauses in the contract that the guarantor bears fault for the new debtor, after the transfer of the debt to another person (the heir to the deceased), the guarantee ends. In a situation where the debtor died, this fact does not affect the guarantee period. It is valid until the time indicated in the contract or the next year after the completion of the loan contract.

Statute of limitations for a credit card

The same terms apply to a credit card as under a regular loan agreement, i.e. 3 years. Credit card bank agreements usually do not have a payment schedule. But the terms of the contract stipulate that the debt must be repaid in installments. If the next payment is not made, the bank will find out about it (he will become aware of a violation of the law). From the day of delay and limitation of activity, the term begins to expire.

Termination Options

It is possible to interrupt the limitation period, you will need to count 3 years again: in this case, the bank will have an advantage. This will happen if the borrower:

• write an application for loan extension or deferred payments;
• put a signature on the restructuring agreement, that is, a revision of the terms of the loan agreement, in which payments become smaller and the term is longer;
• receive a letter from the bank demanding repayment of the debt and write a response that he does not agree with the debt;
• other acts indicating acceptance of the fact of debt.

Longer cases

In 2019, the requirements of the law remained the same as before. A financial institution may request payment from a borrower in a judicial proceeding if there are no transfers. Ignoring payments can be recognized as fraud in accordance with article 159 of the Criminal Code. In paper form, it is useful to alert the lender of difficulties in refunding payments. Fraud is not recognized in three ways:

• several cash payments were credited;
• according to the contract, real estate is indicated as collateral;
• debt less than 1.5 million rubles.

Court cases are not only lengthy, but can also spoil the borrower's credit history. In addition, in the absence of specificity in the description of the law, the court interprets its provisions in different ways. In such cases, the period may be increased:

1. The bank transfers responsibility for the return of the legal amount to the collection bureau. The starting point of the period will be the date of the last registered contact of the company employee with the non-payer.
2. The borrower did not return the spent limit to a credit card or other financial service, communicating with representatives by phone, responding by e-mail. With a good evidence base of the bank, the restriction will be established from the date of the last message.
3. The loan recipient supplemented the contract with a statement on restructuring or deferred payment of the loan. The starting point is the moment of signing the documents or the end date of the monetary "vacation".

It makes no sense to wait a couple of years without payments to the debtor. A financial institution deliberately delays the start of a period so that the 3-year period never ends.

How to avoid paying?

In accordance with Art. 199 hours. I of the Civil Code of the Russian Federation, even after 3 years, a financial company can submit an application with a request to pay a debt based on objective reasons:

• both sides came to a peaceful solution;
• one side in the confrontation worked in armaments and took part in hostilities;
• at the time of filing the claim, the provisions specified in the law are not regulated.

The justice authorities consider such appeals and often act on the side of the plaintiff. There are only three options when a debtor can refuse to pay by legal means. The conditions are unrealistic, but it also happens:

• the payer does not talk with representatives of the bank, ignores their messages;
• the company that issued the loan forgot about the amount of debt.

The deadline ends when the payer signed in any official loan document, confirmed his debt or made at least a small payment in favor of a financial company.

If the deadline has passed, will the bank write off the debts?

Probable options for the expiration of the limitation period for a loan:

• you should not pin hopes that the bank will not be in time by the deadline and the “credit will burn out”;
• the bank may appeal to the courts even after the deadline;
• if the bank does not go to court, then it transfers the right of claim (this is called an agreement on assignment) to collectors. And they will begin with zeal to pick up debts, to call relatives, to work, to arrange various dirty tricks, to threaten and blackmail.

There were times when collectors sealed the doors of debtors with glue, painted the walls of the entrance.

Fortunately, on 01/01/2017, the law on protecting the rights of the population of Russia from such collection agencies and microfinance companies began, which is designed to protect debtors from such actions. However, collectors still have instruments of moral pressure.

The option when, after the statute of limitations has expired, the bank sues the borrower

Consider the situation if the statute of limitations on the loan has passed.

In accordance with the law, the bank may submit an application even after the expiration of the limitation period. Therefore, one should not be surprised if, after a 3-year period, the borrower receives the summons again.

The bottom line is that the judges themselves do not specify the statute of limitations until the defendant declares this (Article 199 of the Civil Code of the Russian Federation). It is the responsibility of the borrower to protect his interests. All that needs to be done for him is to inform the court during the consideration of the case in court that he requires the application of Art. 199 Civil Code (application of the limitation period for the loan). After this appeal, the court will refuse the bank a lawsuit.

After the court refuses the bank in the lawsuit, the bank will not write off the funds, even if the borrower receives the salary on the card in this bank, and will not take the property left as collateral for this loan. The client can announce the expiration of the statute of limitations not only during the consideration of the case in court, but also by other methods:

• write a written statement (appeal) and submit it to the court;
• file a petition with the court with proof of receipt;
• apply to the office.

Application for application of the term

When studying the issues of the statute of limitations on a loan, the application form must be filled in correctly. The defendant must declare himself an expired statute of limitations through an appropriate appeal (application). . , . , .

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Conclusion

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But the expiration of the statute of limitations of an application does not guarantee the bank’s refusal to receive its funds - there are a huge number of ways to collect debts from individuals, as well as involving collectors, which can be very sad for the debtor.

Whatever method the bank chooses to pay off the debt - a court decision or other methods, it will be unprofitable for the borrower to execute it. Therefore, the client should first think: it is worth avoiding contact with the bank throughout the loan term or immediately when there is no way to close the debt, tell the financial institution about it and find a solution together.