Если у банка с заемщиком возникает проблемная situation in the process of loan repayment, in the majority of cases it ends with the fact that courts are held with banks for loans. At the same time, it is necessary to understand that this is a turning point in relations with the financial structure, and after the court makes its own decision, you will practically be unable to influence the existing situation somehow.
What's happening
После вынесения приговора судебные приставы bring it into execution. It is worth noting that courts with banks on loans are held quite often for the reason that financial institutions are well aware that the bailiffs have very, very broad powers, ranging from the possibility of withholding wages to the seizure of personal property. Thus, how much money you owe to the bank and whether you owe them at all will directly depend on the effectiveness of your defense during the trial.
How to protect your interests
To ensure that the courts with banks on loanspassed as efficiently as possible, the respondents must collect as much information as possible, including the venue of the meeting, clear bank requirements and much more. Some of these questions are simply being clarified today via the Internet, that is, you will not even need to leave your home, however, in order to get really important information, you will need to directly apply to the court, which will have to provide you with the case file for further familiarization.
Why this is necessary
Основываясь на этой информации, уже можно будет decide whether you are ready to fulfill the requirements set by the bank or, if you are not ready, which part you are going to dispute. It is worth noting immediately that in the overwhelming majority of cases, courts with banks on loans last for 3-12 months, so you need to be ready for a rather lengthy procedure.
How to find a meeting place
Если вы узнали о том, что вам предстоит судебное meeting, from the received agenda, in this case you are unlikely to have a question about where and when this procedure is carried out, because the agenda includes all this information. However, the practice suggests that often a court with a bank loan can be conducted with a number of difficulties, so try to hedge and pre-check the information posted on the website of the court. Due to this, you can not only protect yourself from possible mistakes on the part of court staff, but also from fraud, which representatives of some banks or collection agencies periodically resort to in order to put pressure on their borrower. Of course, not always falsification of documents is carried out, when a trial is conducted with a bank loan, court practice says that it is rather a rarity, but if you fall for such a company, then you have to spend a lot of nerves and time to get rid of these problems.
What to do if they sent not just a summons
In some situations, you may not be sentsummons, and immediately a whole package of documentation, including a copy of the statement of claim from the bank, as well as a definition of the appointment of the proceedings and a number of other records. In all these papers it will be possible to easily find the name of the court, the address of the location of the institution, as well as the exact time and date on which the meeting was scheduled. Although there are practically no cases of falsification of these documents, it is still best to just once again go to the court website and additionally check the necessary information, since everything depends on the company with which the court deals with the bank on the loan. Reviews of experts say that in some cases, banks resort to a variety of methods in order to win the case.
Mostly enoughjust enter your last name, but in some cases it does not work and you need to search by additional parameters, such as the case number, the date it was received and a number of others. It is far from always that borrowers manage to receive a subpoena in a timely manner, as well as other official documents. In some cases it happens that a message about filing a lawsuit for non-payment of a loan is delivered in other ways, among which, for example, a call to a borrower from the office or a person simply finds out that he is going to have a trial in the process of negotiating with his bank .
What you need to know
Вне зависимости от того, как вы узнали о том, как a loan trial is underway, first of all you need to find out the name of the judicial institution, as well as the exact time of the meeting. After that, through the website of the court, it will be possible to clarify key points, such as:
- validity of the scheduled meeting;
- appointment of meetings for a specific time;
- which judge will consider the case.
If you don’t know what court exactlya loan was filed; you should check several possible options, since today each judicial institution has its own website. First of all, we recommend that you familiarize yourself with the site of your district court that belongs to your place of residence. In the event that on the website of the court relating to your place of residence there is no information regarding your case, then in this case you will need to check other options where a claim could be filed with the bank on the loan (I, for example, means You can also check the courts at the place of business registration).
Check the site of the district court at the sitebank location. In addition, you can make a call directly to the bank itself in order to get all the necessary information from them. If, however, no option from this list allowed you to find information on this subject, then most likely, you are being misled, trying to intimidate you with the way the court is doing with the bank on the loan, although in fact the lawsuit was never filed.
How to get case materials
Before preparing for trialprocess, you need to understand what requirements your bank puts forward and what arguments are used to achieve its goals. Do not forget that a court with a bank because of a loan is an extremely serious event, and such information is not secret and is not so difficult to access. In most cases, the bank's claim includes all the data you need, and at the same time you have every right to use it.
Can they send the bank
In some situations, a copy of the statement of claimIt is sent directly by mail to the borrower, but this is by no means always complied with when a trial is conducted with a bank on a loan. Judicial practice suggests that this is far from the most frequent scenario, but if this has happened, then this is undoubtedly a plus. Further, if you find your name on the website of the court, but you still have not received a copy of the claim by mail, then do not wait for it, since you just lose time - it’s best to go to court immediately to familiarize yourself with all the necessary materials.
Formally, to learn the features of howthe court will be held with the bank for non-payment of the loan, you will need to contact the office of the institution on any of the working days. But at the same time practice, again, says that in the majority of cases the case file is always located with the judge who will deal with the case. Reception hours of judges are limited, and often it is Thursday before lunch, as well as Monday afternoon. So that you do not need to visit a court institution twice, it is best to clarify the reception hours specifically for civil cases, after which you should plan to visit the judge during this period of time.
Different Courts - Different Approaches
Also worth noting is the fact that in different courtscan be used in different ways the procedure of familiarization with the cases. Thus, in some establishments they are asked to write a corresponding statement, but any such details are often specified on the spot. The main thing - be sure to take your passport with you, and also specify in advance the name of the judge who deals with your case.
Loan dispute case materials are mainlyinclude up to 100 sheets, but in some cases much more material. It’s just not possible to study them on the spot, so just try to take a picture of them so that later you can analyze everything in a more relaxed atmosphere. Cameras used in modern phones are of quite good quality, but the best thing is, of course, to shoot on a camera. Most likely, the use of these materials is useful not only for you, but also for your credit counsel, if you still use the services of professional experts.
How to prepare
The key that you will need to take pictures -This is a submitted claim, so it will need to be studied first. This bank in a legal language fully describes the history of your relationship with the bank, after which a list of claims to you from a financial institution that it wants to present to you through a court with a bank loan is listed. Practice says that if you do not have a professional legal education, then it will be extremely difficult to understand the various intricacies of this. In any case, look at the last section of the claim, which indicates exactly what amount the bank requires from you, and also for what reason the bank counted it.
How to act
If you agree that the amount indicatedthe bank is quite fair and reasonable, then in that case you are not required to carry out any additional actions - just visit the court hearing and say that you agree to satisfy the claim. If you ignore the meeting, then the result will be exactly the same.
Если же требования банка вас не устраивают, нужно will do a lot of work in order to defend their rights. You will need to conduct a detailed check of the calculations, analysis of the loan agreement, as well as a study of how the statement of claim and loan agreement correspond to the existing evidence. It is for this reason that it is recommended to use the services of professional lawyers who can do all this work for you.
