How to avoid paying a loan. How not to pay bank loans legally. Legal ways to avoid paying a loan

Interest in loans is not fading at all and there are many reasons for this: the desire to live in grand style, financial necessity, an upcoming major purchase.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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There are several reasons for this, but first of all the question arises: is it possible to avoid loan payments?

How long can you avoid paying for a loan?

As a rule, every sane person, if he decides to take out a loan, calculates his ability to repay it. But sometimes not everything depends on us. What to do if a person, due to a combination of circumstances, cannot pay the loan amount and how long does the bank agree to wait?

Let's look at the most common options.

You lost your job

If you do not pay the loan within a month, the bank will not bother you or bother you. And provided that payments are resumed from next month, you will get off with small penalties. If the problem with work is long-term, a person has lost his job and cannot pay the loan, the best option would be to go to the bank.

You will be able to describe the current situation in detail and, together with a specialist from the credit department, consider options for resolving it.

In such cases, banks offer installment plans and can draw up a schedule for partial repayment of the loan. If the reason is valid and you are not hiding from the bank’s security service, they may meet you and not charge you a penalty for late payments.

When going on maternity leave

All experts agree that going on maternity leave is not a reason to defer payments. Despite the fact that pregnancy is a wonderful and exciting event, it does not exempt you from loan payments, as it is not a force majeure circumstance. The bank has the right to demand timely repayment of the debt.

In case of illness or disability

Medical conditions also cannot always delay loan payments. Thus, only severe disability is an argument for non-payment of the loan. In this case, if the person is insured, credit obligations are assigned to the insurance company. If for some reason the borrower did not have insurance, then the credit responsibility falls on the shoulders of relatives.

In case of serious illness, the bank may take such a step as deferment of payment. That is, the borrower will be temporarily exempt from all payments for a certain period. This will enable a person to fully take charge of their health.

No money

The “no money” option is absolutely useless.

The borrower assumes obligations that must be fulfilled. In the absence of objective reasons, the bank may demand payment of penalties and fines, demand early repayment of the loan, and also take it to court.

Ways to avoid paying your loan

Various methods are now being offered that promise to help get rid of credit. But are there legal ways to avoid paying a loan? Of course not.

All the proposed options boil down to the fact that you either need to avoid communication with the bank in every possible way, go into hiding, or fight through the courts.

• Hiding from the bank. This is a very common method. Debtors change them, turn off their phones, their relatives say that such people do not live here. This method is fraught with certain consequences. Through the court, it is possible to describe the property at the place of registration of the debtor, even if he does not live at this address. If the amount of debt is large, a criminal case may be opened. It is possible that this method will work, but only if the loan is taken out for a small amount, and your contacts cannot be found.
• Constant promises to the bank will not get rid of your loan, but will help you procrastinate in order to find money. You can feed the bank with promises only if the amount of debt does not exceed 100 thousand, otherwise the bank will immediately go to court.
• Some debtors simply begin to refuse the debt. This method requires enormous stress, and is suitable only for those who are determined not to pay the loan, despite the courts, threats, and collection agencies.
• If the bank goes to court, you can endlessly challenge court decisions and hope that the bank will ever get tired of it.

Of course, none of these methods are legal. If you do not want to completely ruin your credit history, avoid many unpleasant moments by sorting out relations with the bank, it is easier to negotiate and, together with the credit department employees, find a solution for your situation.

Even if you have accumulated loans and have nothing to pay, you can try to negotiate a deferment until your financial condition improves.

Official ways to solve the problem.

Studying the loan agreement

Before taking out a loan, you must carefully study the terms of the agreement, pay attention to penalties and penalties.

Carefully read the force majeure clause to understand for yourself what the consequences may be and what is a mitigating factor.

Any negotiations with the bank must be conducted in writing.

1. In order to receive a deferment you must:
2. Submit an application for payment restructuring. Restructuring is a change in loan parameters.
3. Assure the bank employee that you will repay the debt as soon as possible.
4. Indicate a valid reason why you are temporarily unable to make payments (illness, loss of job, birth of a child).

Submit all supporting documents indicating a change in your financial situation. This approach will help you gain several months.

And develop a more flexible payment schedule. In addition, the bank, at its discretion, may forgive you some of the fines and penalties. If the bank goes for restructuring, it is necessary to make sure that the previous lending agreement has ceased to exist.

Of course, despite the measures taken, the bank may refuse you an installment plan and you need to be prepared for this. Try not to miss monthly payments and try to pay even if not in full. If the case goes to court, all this will only play into your hands.

If a compromise with the bank is not possible, you can use an option such as refinancing or refinancing in another way.

Refinancing

As a rule, banks do not refinance their loans and you will have to contact another bank. The scheme here is quite clear - the borrower takes out a loan from a new bank, which repays the borrower’s previous debt.

If there is collateral, it will be re-registered with another bank. The plus here is a reduced loan rate, the opportunity to increase loan terms, change the amount of monthly payments, and combine several loans into one.

If you decide to refinance, you need to calculate how profitable it is for you, and whether the costs of applying for a new loan and the possible advantages are comparable. If your financial condition has worsened, you may be denied refinancing.

Insurance

When applying for a loan, you can insure yourself in case of all kinds of force majeure circumstances. In this case, you can protect yourself in the event of job loss or illness.

If the insurance is completed correctly and properly, you will always be protected from unforeseen circumstances. There is only one downside in this case, an increase in loan payments.

Sometimes you shouldn't deliberately rush into payments. For example, you want to repay your loan early. Some banks stipulate in loan agreements an increase in interest rates for early repayment of the loan.

And it may turn out that paying monthly amounts is more profitable than paying everything at once.

Until recently, this was especially widely practiced in mortgage programs. A law has now been passed allowing citizens to pay off their mortgages early.

Of course, it is not profitable for banks to repay the loan early, since the amount of interest paid decreases.

The problem that you may encounter in the future is that the bank where you repaid the loan early may refuse you the next loan.

Consequences of non-payment of the loan and penalties.

If, despite all the measures taken, you still cannot repay the loan, and what will happen next is of interest to many borrowers. What can a bank do and how to behave correctly.

• Failure to repay a loan in almost all banks requires the following actions on the part of creditors:
• For late loan payments, penalties are charged starting from the second day of delay.
• If the debt is a month or more, a penalty (fine) may be imposed.
• The lender may require early repayment of the loan if payment deadlines are systematically violated.
• If the borrower continues to fail to fulfill his obligations, the bank turns to collection agencies, whose representatives will call you, send letters, talk to you and threaten to put you in jail. Recently, anti-collection agencies have appeared that will represent your interests before the bank.

When the bank has exhausted all possible methods, it goes to court.

The consequences of litigation may vary and depend on the behavior of the borrower.

The most unfavorable outcome is that the collateral or other property of the borrower is put up for sale.

As you know, a huge number of large purchases in our country are made with the help of a bank loan. At first everything is fine: there is a certain amount on hand, the person acquires what he has long dreamed of, however, the time comes and he needs to pay the loan to the bank. Today we will talk about whether there are legal grounds for not paying a loan to banks and what the consequences of evading debt payment are.

Bank risks when issuing a loan and reasons for evasion

When issuing a loan to a person, a bank can never be insured against the fact that the person one day will not be able to pay for it. As a rule, bank debtors appear for the following reasons:

• Bankers misjudge their client's solvency from the very beginning. This is also possible when submitting incorrect information about income that has not been verified;
• for one reason or another the client's financial condition has deteriorated and he has nothing to pay the bank for the loan;
• the client forgot about the debt and is forced to pay an additional penalty for sanctions that were legally imposed on him due to late payment on the loan.

A client may deliberately avoid paying a loan to a bank if he has financial or psychological problems, when he simply does not want to return the money to someone, even legally.

In criminal law, all this is called evasion of the need to pay a debt on a loan and means that the debtor somehow refuses to pay it to the bank.

How to resolve the issue of debt repayment before trial?

If there is a debt to the bank and this structure has not yet filed a claim against the violator, there are several options for a peaceful resolution of the situation that are most acceptable to both parties:

• restructuring of credit debt - thus you can increase the loan term during which the debtor must pay it;
• refinancing – a bank issuing a new loan in order to repay the previous one;
• deferment of payment for a suitable period.

In addition, if you establish a dialogue with bank representatives and explain in detail all the reasons, without shying away from communicating with them.

Also, if it is impossible to pay the loan to the bank within the previously legally established deadlines, you can use the following deferment methods:

• ask the bank to reduce the annual interest rate on the loan, if possible;
• do not shy away from the situation, enter into a direct dialogue with bank employees;
• if it is not possible to carry out the loan restructuring procedure in the same bank, you can do it in another bank that offers lower interest rates;
• the use of insurance in cases where a person’s health has deteriorated or he has lost his job.

Ways to avoid paying a bank loan legally

Despite the fact that in most cases bank employees are ready to meet halfway needs no penalties will be applied in relation to their debtors, there are still those who do not want to pay the loan at all, and want to find legal grounds for non-payment. The most common ways to legally evade loan payments:

• application of the statute of limitations;
• help from anti-collectors.

The term for credit debt is three years after the first delay. Moreover, during these three years there should be no contact between the client and the bank. Any call or letter is a new reporting point for the three-year period. If the borrower really wants to avoid paying the debt, he should not only not answer calls, but also prove the absence of contacts with the bank with the help of a lawyer. However, it is extremely difficult to use the statute of limitations in practice, since the task of the evader will be not to contact not only the bank, but also the collection company for three years.

The debtor can also contact an anti-collection agency, which will resist the aggressive actions of collectors, who, as a rule, use all means to collect debt from a bank client, ranging from threats to him and his family and ending with visits to work. Besides, anti-collectors help the borrower during legal proceedings with debt collectors, whose actions to collect loan debt are not always legal.

What are the consequences of evading payment of debt to the bank?

Proceedings in court occur when a bank applies to the court in order to collect loan funds from a debtor who is evading payment on legal grounds. As a rule, here most arguments will be on the bank's side and the result of the proceedings will be the recovery of funds by debiting from official revenues or by confiscating property.

Moreover, if there is a need to sell the property of a bank debtor, an open auction is held, where the property is sold at a lower market value and the debtor repays his loan to the bank using the funds received.

But confiscation of the property of a bank debtor cannot be carried out in such cases as:

But if we are talking about writing off the debt to the bank from the debtor’s monthly income, then the debt is written off in installments every month from his official salary. The loan obligation approved in court is verified by bailiffs.

Also, the following types of punishments are provided for evaders in repaying a loan to a bank:

• he cannot leave the country;
• sanctions are imposed on him by the credit company;
• he will not be able to get a new loan from any bank in the country;
• accrual of fines and penalties;
• communication with a collection agency.

Possibility of agreements with the bank and bailiffs on legal grounds

If the situation with non-payment of the loan has reached the court, then it can be resolved peacefully in the following cases:

• try to persuade bank employees to meet you halfway, write down the amount of the debt for a longer period and have them withdraw the application. In such cases, you must pay an additional government fee of 7% of the loan amount;
• provide documentary evidence confirming your difficult financial situation and write a statement requesting a deferment of the court decision. In some cases the court may agree and reschedule the payment of the loan to the bank, change the deadlines and conditions for payment of the amount;
• After receiving the writ of execution, the bailiffs set a deadline for repayment of the debt, before which the debtor undertakes to repay it in full. If the money is not paid in full by the specified date, the court has the right to legally collect the debt by force. Therefore, you should write a statement addressed to the court representatives about your difficult financial situation and attach supporting documents to it;
• Assess your financial capabilities and offer the bank and the court your option for calculating the payment of the loan amount along with the schedule; perhaps it will suit all parties to the conflict.

How to avoid problems with the bank and court when taking out a debt?

As you can see, legally not paying a loan to a bank is almost impossible. That's why not worth the risk and fall into debt and tempt fate. Before taking a loan from a bank, be sure to consider the following circumstances and consequences:

• adequately perceive your financial capabilities and do not take out a loan on conditions that are obviously unfavorable for yourself;
• if you took out a loan and cannot make the payment on time, be sure to notify the bank employees about this;
• try asking to defer payment, reduce the interest rate, increase the term or change the payment schedule;
• draw up a loan agreement with another bank in order to restructure the debt. Thanks to the grace period while waiting for financial injections, you can pay off the debt;
• when filing a case in court before a verdict is passed, transfer your property to your relatives, since the bank and the court have the right to recover it only if the debtor is its owner.

But the debtor bears criminal liability for non-payment of debt in the case when he deliberately deviates from payment and submits knowingly false information about himself when applying for a loan.

Many borrowers, when applying for a consumer loan, overestimate their financial capabilities. As a result, they cannot always fulfill their debt obligations. If you don’t repay the loan for a long time, the bank’s security service will begin to bother you, and then the collectors. Is it legal to not pay a loan? This question worries many Russians.

Such a possibility exists

First of all, you should know about your rights and defend them, especially during conversations with debt collectors. They, in turn, will use all possible methods to intimidate you and force you to pay back the debt.

Secondly, you must wait until the statute of limitations expires. This term is 36 months. The beginning of its expiration is the date of your last meeting with collectors or the bank. Hiding from them, of course, is not an option, but sometimes you can take this path.

I would like to point out right away that this will not be easy to do. You also need to minimize communication with relatives and friends. It is they who will be targeted by the main blow of the collectors. They will intimidate and threaten them.

If this option does not suit you, then try to negotiate with the bank on debt restructuring. This will allow you to avoid paying the loan legally. This request must be made as soon as you experience financial difficulties.

You also shouldn’t refuse to repay the loan altogether. Pay it in such amounts as the family budget allows. The bank will take your efforts into account and may write off part of the debt without taking the case to court. If the borrower finds himself in a difficult financial situation for a good reason, the bank may provide a deferment in repaying the principal debt. Depending on the loan program, its duration reaches 12 months.

If you cannot cope with the creditor’s threats on your own, then we advise you to turn to anti-collector services for help. These companies employ qualified employees who have a thorough knowledge of the collection of bank loans. Anti-collectors can provide real help and support to debtors.

Very soon the Law “On Bankruptcy of Individuals” will be adopted in Russia. A borrower may declare himself bankrupt if he fails to repay a loan within the last three months, the outstanding balance of which exceeds 50 thousand rubles.

You can only declare yourself bankrupt in court. Based on a court decision, the borrower is given an installment plan to repay the loan over a period of 60 months. The bank is also developing a debt restructuring plan for him.

As we see, there is an opportunity not to pay a loan legally. The main thing is to act correctly.

What to do if there is a delay and there is nothing to pay the loan? How does a court case with a bank proceed if there are debts? Is it possible not to pay a loan at all and how to do it legally?

Hello readers and visitors of the HeatherBeaver online magazine! Denis Kuderin is in touch.

We continue the multifaceted topic of financial insolvency (bankruptcy). In a new article I will try to answer the question of what will happen if you don’t pay your credit bills.

The publication will be useful to everyone who has taken out a bank loan at least once, as well as to those who are planning to do so in the near future or in the distant future. Knowing what happens in case of non-payment of a debt is necessary for everyone who deals with loans.

One of my close friends got into an unpleasant situation - he took out a loan and missed the payment. Therefore, I know first-hand what a bank can do in such situations.

Below I will tell you everything in detail!

1. What happens if you don’t pay the loan?

When a person borrows money, he roughly imagines how he will pay it back - deduct a certain percentage from his salary, repay the loan early from additional income, etc.

Every borrower believes in the best - that debt obligations will be repaid without delay, or even before the due date. When signing a loan agreement, few people think in advance about unforeseen options - such as dismissal, economic crisis, force majeure.

And such options are found all the time. The money needed to pay off the debt goes in another direction, there is absolutely nothing to repay the loans, and the loan itself turns into an unbearable burden.

What to do if it is impossible to repay the debt? What happens if the debtor stops paying the loan? It is better to know the answers to such questions in advance in order to develop an effective action plan if something happens.

If the debtor behaves competently, forced non-payment of the loan will not turn into a disaster. Sometimes it is even more profitable for the borrower to refuse exorbitant monthly payments and initiate proceedings for his financial insolvency (bankruptcy).

Judicial enforcement mechanisms are such that during the proceedings, the accrual of interest is suspended, and the amount of the debt is fixed. The new debt repayment schedule is discussed with financial managers, who for the most part are always ready to compromise.

Myths about non-payment of loans

To reassure readers, I want to immediately refute a number of the most common “horror stories” with which some bank employees and debt collectors like to scare gullible clients.

If you fail to pay your loans, the following will NOT happen to you:

• no one will break your legs, cut out a kidney or kidnap your children: to date, there have not been any cases of real physical violence against debtors by collectors or banks;
• if you are not a persistent defaulter, you will not be sent to prison or given a suspended sentence - when they say “trial for non-payment”, they mean an arbitration court, not criminal prosecution;
• social workers will not deprive you of parental rights;
• your relatives will not be held responsible for the debts (unless they were guarantors).

In other words, non-payment of loans is a purely financial problem that concerns only the debtor and the credit institution.

Read more about the mechanisms and consequences in a special article on our blog.

However, a frivolous attitude towards unpaid debts is as unacceptable as fear and panic. You won’t be able to avoid unpleasant moments, but you can prepare for them in advance.

Legal aspect of the issue

Protecting the rights of the debtor is the work of the debtor himself, as well as the lawyers and anti-collector agents he has attracted. No one will help borrowers for free, but they have the power to study the legal aspects of insolvency and skillfully use the knowledge gained.

The law on bankruptcy of private individuals in the Russian Federation came into force at the end of 2015. Before that, all conflicts between banks and loan recipients were resolved individually within the framework of general federal legislation.

The need to recognize the bankruptcy of individuals (this includes individual entrepreneurs) has arisen in connection with the development of the institution of lending in the country. Consumer loans are available to everyone today, and millions of citizens have already taken advantage of this opportunity.

Purchasing power has increased, but not all loan recipients are able to realistically assess their financial potential. This is partly due to the low level of financial literacy of the population.

Abroad, the lending system has been operating for a good hundred years; The residents of our country have not yet developed an appropriate attitude towards debt issues. In the mid-2000s, citizens took out loans, as they say, “in batches,” almost without thinking about how they would repay them.

The results of this approach to loans are disappointing:

• almost a third of the population of the Russian Federation (about 40 million) has debts to banks or microfinance organizations;
• Of this number, 5-6 million have the status of defaulters - that is, they constantly or periodically violate their debt obligations.

Relations with the bank after the formation of overdue payments usually develop according to the following scenario:

1. Pre-trial stage. At this stage, the debtor is subjected to psychological pressure and sometimes threats from creditors. Lawyers advise, if possible, to document all actions of bank employees, so that if something happens, you have something to contact law enforcement agencies.
2. Trial stage. The bank has the legal right to recover money through the court. During the process, the debtor's property (material assets and accounts) are subject to seizure.
3. Post-trial stage. Depending on the decision made in court, the debtor is subject to certain sanctions.

If the debtor behaves competently at all stages, the consequences of non-payment of loans will be minimal. If you choose the wrong course of action, bankruptcy will take away a fair amount of your strength and nervous energy.

2. How money is recovered after trial - the main stages

Before moving on to the stage of collecting money after a trial, I’ll tell you a little about the bank’s pre-trial actions.

If you decide not to pay your bills or cannot do so for reasons beyond your control, do not expect the banks to forget about the debt and leave you alone.

Within a couple of weeks after the first delay, an SMS reminder from the bank will be sent to your number. Then the staff will start calling you. At first, these requests will be correct - you never know, maybe you really just forgot to transfer money to your account. Then the reminders will become more severe.

Some clients at this stage choose a completely wrong line of behavior - I call it the “ostrich position”. They don’t answer calls, ignore SMS calls and generally bury their heads in the sand, apparently believing that the problem will resolve on its own, like a stitch after a hypnotherapist session.

I assure you, it will not dissolve. The number of calls will only increase, and after a while your case will be transferred to the collection department of a financial company or collectors. These structures act in almost the same way - they put pressure on the debtor in every possible way, preventing them from relaxing.

Correct lines of conduct at the pre-trial stage:

• negotiations with the bank;
• mutual concessions;
• compromise solutions.

This does not always lead to the desired results, but at least it saves your nerves.

And then - even if the case comes to court, it is not a disaster. Yes, your life will change, but it is in your power to get out of the financial impasse with the least losses.

Let's move on: the court held scheduled hearings on your case, considered all the circumstances of non-payment and rendered a verdict. Usually the court's decision is clear - the debtor pays the bank a certain amount. How this will be done depends on the specific circumstances of the case.

All details of subsequent sanctions are determined by bailiffs. This authority has much more powers than the same collectors. Bailiffs have the most powerful enforcement tools in their hands, allowing them to achieve the main goal - fulfilling debt obligations.

I will tell you about these tools in detail.

Stage No. 1.

Seizure of property

Seizure of movable and immovable property is an almost mandatory procedure if it comes to declaring bankruptcy of individuals and legal entities. Seizure is also imposed in cases where you took out a loan against collateral.

Example

If you took out a loan secured by your own car, the court has every right to seize your car. By deciding to sell it or hide it, you will become a malicious evader and may incur criminal liability for your actions.

After the car is seized by the court, the vehicle will be described by bailiffs and then sold at free auction. Proceeds from the payments will be used to pay off the debt. If there is any extra money left after the sale, it will be returned to the owner.

Can bailiffs seize an apartment for debts? Only if this living space is not your only place of residence. In addition to living space and transport, bailiffs have the right to seize household appliances, furniture, and jewelry.

What happens if the debtor does not have valuable property? Banks and bailiffs will look for other options for repaying the debt. They will make inquiries to tax and financial institutions to find out your place of work, salary and bank account status.

Stage No. 2.

Foreclosure of funds

Collection of debtors' finances is an effective tool for repaying debt. In terms of efficiency, it is not inferior to the seizure and sale of valuable property of insolvent borrowers.

Having learned in which banks a citizen has accounts, the bailiffs have the right to arrest them and transfer the funds to the creditor. The right applies to any deposits, except those for which social payments and government benefits are received.

Such accounts can also be seized, but after the source of funding is clarified, restrictions are lifted from them. The debtor has the right to challenge the court decision by contacting the relevant services.

Stage No. 3.

Indexation of the debt amount

The essence of this stage is as follows. Without indexation, a person who borrowed 100 rubles 10 years ago pays the lender exactly this amount.

However, as a result of inflation, devaluation and economic crises, the real value of the mentioned amount is reduced several times. The debtor will be the winner, the creditor will be a fool.

Against the backdrop of the permanent instability of the ruble, indexation of the debt amount becomes particularly relevant. Such a decision is usually made in cases where a court verdict regarding the fulfillment of debt obligations has already entered into force, but the debtor for some reason did not fulfill it or did so only several years later.

The threat of indexation is a kind of incentive for debtors to execute court decisions more efficiently.

Stage No. 4.

Stage No. 5.

Restrictions on rights

In addition to collecting money, there are other mechanisms of influence on negligent borrowers. For example, they are prohibited from leaving the country until loan debts are paid in full.

Persons declared bankrupt are prohibited from holding leadership positions for a certain period of time.

Of course, bankruptcy negatively affects a citizen’s credit history. It is unlikely that he will be able to take out a new loan if he has already been in court for non-payment of a previous debt.

Stage No. 6.

Seizure of movable and immovable property is an almost mandatory procedure if it comes to declaring bankruptcy of individuals and legal entities. Seizure is also imposed in cases where you took out a loan against collateral.

Forced eviction

Bailiffs can seize an apartment and evict the owner only if this is not the debtor’s only home. In addition, the amount of debt must be comparable to the price of the property.

If the debt is 300 thousand rubles, and the cost of the apartment is 10 million, the court is unlikely to insist on the seizure of housing, but will try to resolve the issue in a different way.

Real estate will also not be taken away if part of the living space belongs to minors or if they are at least registered in the apartment. Social care authorities strictly monitor compliance with children's rights.

Bailiffs rarely resort to the procedure of housing inventory, but in theory such a situation is quite possible. The eviction process takes place accompanied by witnesses. If the debtor refuses to leave his native walls voluntarily, coercive influence from law enforcement agencies is allowed.

3. How not to pay a loan legally - 5 basic tips

We have looked at all the negative consequences of non-payment of loans, now it’s time to tell you how you can avoid situations that are undesirable for borrowers or at least reduce the damage.

The loan recipient has the right to cancel the agreement if violations are found in it. Sometimes, with the help of professional lawyers, debtors manage to cancel extortionate bank charges and fix the amount of debt.

In rare cases, it is even possible to refuse payments completely - if gross violations are discovered on the part of the credit company.

The problem is that only specialists can find loopholes in legal documents, and their services cost money.

When the bank transfers your debt to collectors, a good option to reduce the damage is to buy the debt from someone close to you.

The best option for resolving a debt issue. Banks often accommodate their clients halfway if they pursue a policy of openness and do not shy away from negotiations.

There are several types of peaceful conflict resolution:

• debt restructuring;
• refinancing – obtaining a new loan to cover a previous loan;
• deferment of payments (credit holidays) - sometimes the bank allows clients to postpone debt repayment for a year or two (during this period only interest is charged).

Finding a compromise is easier for loyal customers who have not previously made late payments.

Tip 4. Restructure credit debt

The most common compromise solution. Restructuring is a set of measures designed to stabilize the financial status of the debtor.

Here I will briefly indicate what measures are being taken to restore a citizen’s solvency:

• reduction in the amount of monthly payments;
• increasing the total loan term;
• cancellation of fines for a certain period.

Restructuring is one of the favorable outcomes in bankruptcy cases.

Admission of insolvency means that the debtor really does not have the ability to repay the debt. When a person becomes bankrupt, their property and accounts are seized. Next, a procedure for selling assets is prescribed.

The assessment of the value of property is carried out by an official - a financial manager. He also appoints the time and method of selling valuable things in favor of the creditor.

4. Who can help if you can’t pay the loan – review of the TOP 5 anti-collection agencies

People who find themselves in difficult financial situations are helped by law firms specializing in bankruptcy and civil insolvency. Such organizations are called “anti-collectors”.

I bring to the attention of readers a list of the 5 most competent and popular law firms in this area in the Russian Federation.

1) OFIR

A company headquartered in Moscow that provides services to individuals. Resolves all issues related to overdue bank loans and outstanding debt obligations.

Help from professional credit lawyers (anti-collectors), support for citizens in difficult financial situations, work with banks, collectors, microloan organizations, leasing agencies.

2) First Anti-Collection Agency

A company working on issues of debts of citizens and legal entities to banks, microfinance organizations and leasing companies. The name of the company speaks for itself - any anti-collection services, legal debt write-off for individuals and legal entities.

Guaranteed confidentiality, round-the-clock professional advice from lawyers and bankruptcy specialists. Experience in handling complex financial and legal cases that other anti-collection companies have refused.

Qualified assistance in solving any problems of borrowers. Among the advantages of the company are a large staff of experienced lawyers and the possibility of remote consultations with employees.

The bureau employs only professional and experienced lawyers specializing in bankruptcy issues of legal entities and individuals. Resolving issues and conflict situations related to pressure on citizens from collectors and bank representatives.

Professional protection of citizens in the fight for their legal rights in relation to all kinds of debts. The company's motto is “The law is on your side.”

The company's staff includes lawyers with the highest level of qualifications, experience in bankruptcy cases and thorough knowledge of the Civil Code. Guarantee of a quick resolution of any conflict situations, reduction or cancellation of fines, reprofiling of debt obligations.

Full service agency with an office in St. Petersburg. The main specialization of the company is bankruptcy of citizens (individuals).

The agency protects borrowers from actions of collectors and banks, returns illegally taken fines and commissions. The company's specialization is “turnkey bankruptcy” taking into account the client’s budget. A course towards a complete and most beneficial solution for debtors to the credit problem.

For convenience, I will present the main characteristics of agencies in the form of a table:

№	Company name	Head office location	Advantages and features of work
1	OFIR	Moscow	Guaranteed success in 99% of cases
2	First Anti-Collection Agency	Moscow	Resolution of the issue in favor of the client within 24 hours
3		Moscow	Free consultations by phone
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Everyone probably knows that life sometimes prepares unpleasant surprises for us. This also applies to borrowers, who sometimes have circumstances such that they cannot pay the debt to the bank. And there can be many reasons for loan arrears: illness, loss of a job, death of relatives, and other situations that cannot always be avoided.

And in order to get out of such a situation with the least losses, it is important and necessary to follow certain rules.

There are several solutions. Let's say the loan is secured by some property. Then, if problems arise with payments, you can try to realize the collateral. Selling, for example, a pledged car or other personal property usually does not require much time. When it comes to a mortgage, it can take many months to sell an apartment (house), during which interest will continue to accrue, and in case of delay, also fines.

A number of banks in a similar situation accommodate the conscientious client who has agreed to sell the collateral and do not charge him a penalty or apply any penalties due to the delay. But interest will have to be paid in any case.

With unsecured loans it is more difficult. Here the matter may lead to legal proceedings and recovery of the amount from the guarantor (if the guarantor is provided for in the contract).

Some borrowers, finding themselves in a difficult situation, try to close the loan by borrowing different amounts from friends or relatives. But this method of debt elimination is only suitable in cases where there is someone to borrow from.

However, there are often cases when the borrower is simply unable to cope with the debt, either alone or together with friends and relatives.

And then banks sometimes offer loan restructuring. This scheme is applied only in cases of so-called justified delay, when the client can document the fact of illness or loss of work.

In addition to restructuring, in order to reduce monthly payments, there is the option of refinancing with another financial institution on more favorable terms or for a longer period.

Of course, when a client turns to a bank specifically for debt restructuring, his financial history is checked by Security Service employees in the most careful manner. And if even the slightest suspicion of fraud is detected, the potential client will be rejected, and the case will be referred to court or other law enforcement authorities.

It is important to note that, even having received a loan restructuring, the client may later regret such an action, since the fact of the restructuring will be noted in the credit history.

Later, if you want to apply for another loan, the client may be refused due to the restructuring that took place.