To date, the non-return of loans and debts -an acute problem of our society. Loss of work, reduction of wages, illness - all this can lead to a delay in compulsory payments. As a result - calls of collectors, employees of the bank. The voice, as a rule, is serious, persistent, confident. However, many of them deliberately do not voice one important rule of law - the limitation period (Article 196 of the Civil Code of the Russian Federation). Let's try to explain the main points in this article.
What is the general limitation period (Civil Code of the Russian Federation)
The limitation period (hereinafter we will useabbreviation LED) means only one thing - the creditor ended the time when he can lawfully apply to the court with a demand to pay off the debt. This takes 3 years. After that, any threat of collectors "to sue", "arrest property", "plant for fraud" will only be words. Fraud is generally not applicable to the debtor, who took the loan from his bank documents. This, unfortunately, some do not know, and collectors and employees skillfully use such a "scary".
Another thing is to sue and arrest property,through bailiffs, of course. It is with the goal of preventing such problems that it is necessary to know the rule of law - this is Article 196 of the Civil Code of the Russian Federation. It says, after what time you can legally not pay for the obligations. But for this, first you need to understand, from what time is it necessary to count down three years? Let's take a closer look at this.
Determination of the limitation period
Lawyers often deceive themselves, andmany citizens. Article 196 of the Civil Code of the Russian Federation is understandable, the LED is defined. However, from what point it is necessary to count? There are three different points of view for professionals:
- From the end of the term of the loan agreement.
- From the day when the person stopped paying for the obligations.
- From the moment when the creditors tried to establish contact with the debtor (telephone calls, mail correspondence, etc.).
Let's try to understand from the point of view of the law
So, the rules of law let us understand that the currentThe LED starts from the day when the creditor found out about the violation of his right. However, there is another norm. For obligations with a deadline for executing the LED starts from the moment when these obligations end. Here is the main problem in interpreting the rule of law.
Comments on the law
As we know, loan agreements havedeadline for the fulfillment of obligations. Some argue that this is indicated in the law when determining the LED. Let us recall that the general grounds are given by Article 196 of the Civil Code of the Russian Federation, and the norms listed now are fixed in Article 200 of the Civil Code of the Russian Federation.
Example of determining the period
We simulate the conditional situation.Ivanov took out a loan on September 10, 2016 for a period of 5 years. The pay ceased on November 15, 2016. The loan agreement determines the end of the obligations. Therefore, the LED begins after its termination. In this example, the bank has the right to sue before 10 September 2024 (5 years contract + 3 - statute of limitations).
However, judging by the verdicts, the courts do not believe so.The bank has the right to terminate the agreement ahead of schedule, if not to pay for the obligations. This is recorded in all loan agreements. Monthly payments also refer to obligations that have a period (month). This means that if the citizen did not pay on November 15, 2016 for his obligations, then the bank has the right to appeal ahead of schedule to the court and return the money. Therefore, the limitation period is applied by the courts from the moment when the citizen had to pay the next monthly amount.
The position of the Supreme Court
The same position is with the Supreme Court.LED starts to be calculated separately for each payment. Let's return to our example. The bank filed for the return of the entire loan amount on December 20, 2019. Article 196 of the Civil Code in this case legally exempts the debtor from payment. But if the bank sues to pay the amount of monthly payments for which the deadline has not yet expired, then in this case it is necessary to pay the creditor through the court. The amount of the principal debt will be reduced by three payments from September 2016 to December 2016, as they were terminated. The rest of the amount will have to be returned by court order.
He said - have to pay?
Особый интерес вызывает точка зрения, когда срок the statute of limitations is annulled in the course of a telephone conversation between the creditor and the debtor. It is based on the alleged recognition of the right of duty as the last, which gives grounds for the interruption of the limitation period. After that, three years begins to be recounted. However, the courts disagree with this interpretation.
You do not know the law - pay the whole amount
We want to warn that the court itself is not entitled toapply the statute of limitations. If the bank sues even after ten years, when the contract was due to expire, then the court is obliged to consider the claim and make a positive decision. Only the petition of the defendant to apply the statute of limitations entitles the court to reject the claim of creditors. This means that ignorance of just one rule of law can result in a round sum. As they say, ignorance of the law does not absolve from responsibility.
However, there are cases when the decision is made without the participation of the debtor. He learns about them at best at the post office. At worst - with the seizure of property and the blocking of bills by bailiffs.
In this case, file an application forthe period of limitation of actions will be necessary for the filing of an appeal. To do this, you must first calculate the timing of filing, because very often people learn about court decisions after missing all legal deadlines for appeal. The algorithm of actions will be:
- Determination of the type of court decision (correspondence, ordinary, judicial order).
- Restore deadlines for filing complaints, objections.
- Cancel the decision.
A complaint or objection shall be filed with the application for the restoration of the term. Inadequate warning to the parties is usually a good reason for recovery.
The end of the limitation period does not relieve from debt
It should be noted that the end of the three-year term onrequirements of obligations through the court does not relieve from the debt itself. That is, no one forgives a citizen. The court may continue to claim the amount of the debt. However, the following arguments should be indicated as arguments: “have a conscience”, “please give us money”, etc. Any action that goes beyond the law can automatically make a creditor a criminal. The only legitimate forceful way to "knock out" money is only through bailiffs. However, this can only be done through a lawsuit. When skipping the statute of limitations, as well as with the competent protection of such an opportunity may not be.
Conclusion
In conclusion, I want to say that you do not need to beprofessional lawyer to defend their rights. Sometimes the knowledge of one or two laws can be very useful. The legal rule that we have dismantled (the limitation period for receivables) does not require much effort to understand. However, it can save a lot of money.
Of course, you need to repay debts.We do not urge them to refuse. However, there are various situations. Sometimes there are various unforeseen situations when the borrower is physically unable to pay. He appeals to the bank to restructure debt. The credit organization does not immediately make concessions. And only then, when people refuse to pay, they offer different ways.
Giving money at interest is commercialan activity that is insured. We must not forget that the refusal of debt is not a personal insult to the owner, it is the cost of production. To demand debts legally is one aspect of such work.
For borrowers, let's say that if the bank is no longerhas the right to demand debt through the court, the credit history will be corrupted. No need to forget about it. In life there can be various situations when money may be needed again, but no one will give.
