Currently, many people appeal to banks for credit products. And for sure, many people had unpleasant situations when problems with payment arise. Sometimes people are trying to correct the situation, but not always. Over time, delay appear, about which people are safely forgotten. In some cases, their loan agreements remain in the bank, and employees are trying to negotiate the debt payment. Sometimes, the contracts are transferred to the department of court decisions, or are sold to agencies that specialize in the return of funds to banks — collectors.
Is there any period so that your delay is forgotten? We will talk about it.
The concept of the limitation period means a time segment in which in case of non-payment of funds, the Bank has the right to receive back through the court. According to Article 196 of the Civil Code of the Russian Federation, this period is 3 years.
However, according to Article 18 of the Civil Code, the Bank may file a claim and 3 years later. In this case, with the appearance of a trial, you will need to notify the court about this fact. And do it need to make a court decision.
Since the establishment of a fact about overdue payments. When making a loan, you get a specific schedule for making monthly payments. Accordingly, if you do not extend the debt, you begin to form debt. Usually, a couple of days without payment can be without percent. But it already depends on the conditions of the bank, and the contract you concluded. In other words, if you have not warned a bank about your temporary insolvency, and did not postpone the credit obligations, then you will be charged fines, penalties, and the otkochka will begin.
Some people think that if the bank does not send SMS alerts, and does not recall the payment of debt, then its loan can be considered closed. It’s a delusion. Banks are often doing that the client does not worry, and then submit documents to court, and the trial begins. In addition to the trial, the bank can sell your duty and collectors. It is good that the law on the framework of the behavior of these offices is now adopted.
There are situations when after delay, the person becomes solvent again, and repays the debt. In this case, the term is reset, and in the case of creating new overdue payments, it will be reversed again.
Despite the great temptation of the loan, always evaluate your solvency and make out only in extreme situations so that in the future you do not have an exemption, which can affect not only credit history, but also on judicial.