The term of lawsuit
In accordance with Art. 196 of the Civil Code of the Russian Federation, the total limitation period last three years.
It arises from the moment the party learned about the violation of the right.
The loan agreement has a payment schedule. As soon as you encroached a monthly fee, the credit institution learns about this and from this point on the countdown of the limitation time begins. According to the subsequent payment, the lawsuit comes as soon as he is overdue.
Those. The limitation period is separately considered for each payment. If you have ceased to pay a loan for example from November, but after resuming payments and again made a delay in March, the limitation period will be counted from March.
When you subscribe a loan guarantee agreement, think that the borrower can stop paying a loan, and then the bank to contact you with a proposal to pay debt.
The guarantee acts as much as the term of the loan agreement.
If the date of the contract is not specified, the guarantee is valid for another year after the end of the debt period.
If during the year the credit institution does not submit a claim to the court, then the fact of the guarantee ceases to act.
This may happen if you:
This situation may occur, because judges do not check the statute of limitations until the borrower declares about it. If you do not take any measures, even after 3 years, the Bank will be able to recover with you indebtedness with fines and accumulated penalties.
All that you are required to notify this judge during the court process so that it proceeds from the norms of Art. 199 Civil Code. After such a statement, the judge will refuse to the credit institution in the lawsuit.
Fill out the petition and give it at the court session, send by registered letter to the court or attributed to the court office.
Thus, if the bank has missed the limitation period, and you stated about it — you do not need anything more than a banking institution.