I hope in the previous articles I have been able to convince you that you should not be afraid and spoil your nerves, if suddenly in coincidence you became nothing to pay the loan. It is clear that the task of bank employees and collectors is to return the money and in any way make you do it. To my great regret, there are still many legally illiterate and weak-minded people who can not withstand psychological attacks and commit irreparable acts.
It’s sad that not every person wants to overcome the situation and get out of it deservingly. If you are currently reading this article, then you are not from a shy dozen and look for a solution to the problem and not hide from it.
Let’s try to find out that still waiting for the debtor in case of no return of the loan.
It starts from the fact that a person goes to the bank and draws up a loan. As a rule, in those moments, he is absolutely sure of the stability of his financial situation and in the near future without overdue payments. But nobody is insured against the risks. And banks do not offer such insurance, even insurance of loss of work in them can be achieved with difficulty, but here they insure life and disability practically coercive, because such insurance cases occur extremely rarely.
Thus, the loan is issued, the payment of the debt begins. Usually, the first payments are regular and painless. But what to do if suddenly there are problems and on payment of a loan I can not allocate the necessary amount. The first month of payment is usually omitted in the hope that the next time the situation will be settled, but it takes another month, and it is necessary to pay already two payments plus a penalty for late payment. To pay off such a sum has become even more difficult and paid either part of the debt, or nothing is paid, so the debt begins to grow, the bank worries and does some actions. Debtors are beginning to call from the bank’s security service and insist that the exact date of repayment of the debt has been named. In some banks, after a couple of overdues, they demand repayment of the full amount of the debt. But if a person has nothing to pay the minimum payment, to pay the full amount, of course, he is not in power at all.
We turn to the main thing – what can happen in the case of no return of the loan and what risks are waiting for the debtor now?
The first thing I recommend is to get acquainted with what you can do in this situation, if there was nothing to pay a loan.
If at the request of the bank within the specified time period you will not pay full payment, the bank will be able to go in two ways: transfer your debt to the collecting agency or sue you.
Consider the first case. What will happen if the bank has sold your debt to the collectors. They will begin to “knock out” this debt in all ways. Do not be afraid, not literally, although there is anything, if it is not time to defend itself and not to be equipped with knowledge of the law.
First, turn to the court for recognition of the transaction to transfer your debt illegally, and also sue the bank for disclosure of banking secrecy and the transfer of information about personal data to third parties. Secondly, ask the collectors to levy your debt through the court.
They can not do anything, so stand on their own rights and do not panic. Collectors do not have the authority to deprive you of property, to arrest your property or to withdraw it, it can only be done by court officers and only by a court decision. Well, if you do not own anything, then here from you, as they say, you will not take anything … All that can by law make collectors – to put pressure on you morally, no more. You can start to intimidate criminal liability, but although the law is there, in practice this is not applicable and mainly applies to debtors with debts of several million.
The second option. What will happen if the bank turns to court? In this case, you should prepare well for the trial. Be sure to attend each meeting. Submit a counter claim to recalculate interest, monthly billing fees, and other illegal payments that your bank has charged. It is better to apply to an experienced lawyer with experience in conducting such cases for making a counterclaim.
The court, of course, will not charge you for the principal debt, but a decent amount can be agreed upon with interest and other payments from you. In addition, the court may give you a installment of several years. It all depends on you, if the judge will see that you do not refuse to pay the debt, he will go to the meeting. Well, if you do not pay the bank and after the court decision comes into force, then you will be litigious. And their powers are much wider than the collectors. Military officers have the full right to arrest your property, such as household appliances, furniture. You will only be left with the necessary property. Do not have the right to deprive you of housing, if it is the only and personal things. In order not to pay the bailiffs at least a symbolic amount, then you can drag on for a very long time. Well, if you are officially employed or you have some official income from your own business, then it will be legal for 50% of your income to be earned. In addition, they will be able to arrest your property, bank deposits, if any, and prevent them from traveling abroad. Well, if you do not have the money, then you and abroad are unlikely to be able to go, and if there is still money, it is better to pay off debts and live calmly!
And last but not least – what will happen if the criminal case was launched and you were recognized as an evil debtor? The maximum that you might be threatened with is a conditional sentence if, of course, you are not a black borrower and did not borrow millions, initially not planning to return them. Even then, even a conditional term can threaten a debtor only in the most difficult cases, read more about it: It is worth the debtor to fear criminal liability.
Oh, yes, I have not forgotten a bit. What else do they like to intimidate the debtor? Adding to the black list, so further lending will not be available to a person within the next 15 years. But here I can reassure you. First, there is not yet a single database of credit histories, and in most of its banking security services they use personal connections to find out such lists, and only on a specific request, or banks have access to regional lists, and then not to all . Moreover, I will reveal to you the secret, if you do not tell yourself that you have ever been credited, the new lender may not even know your past loans, especially about their history. Therefore, if you have a bad credit history, you have been denied a bank, it is not a verdict and in another bank, the loan can easily be approved. But is it necessary for you? After all, having such a bitter experience, would you like to be repaid? Think hundreds of times before deciding on such a desperate step.