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How to terminate the contract of guarantee on the loan

Guarantee agreement loan

With loans now I had time to get to know almost everyone - someone like the borrower, and someone, and as a surety. As a rule, the role of the guarantor agree only close relatives and friends of the borrower, but even if the intentions are pure and that revenues allow arrears without pay on the loan, sometimes consent to bail has to bitterly regret.

By signing a contract of guarantee contract of guarantee, the guarantor borrower shares with all his duties and responsibilities to the lender. If the borrower to repay the loan will not be able to, the credit will fall on the shoulders of the guarantor, is obliged to pay the debts of others. In the case of non-payment of another loan, the bank may go to court and demand to eliminate debt from the funds and property of the guarantor. Also, do not forget about the debt transfer procedure of the loan in case of death of the borrower. Under the law, the guarantor will be required to pay the remaining amount of the loan plus interest and fines for delay loan. The chance of a successful termination of the contract of guarantee in this case is zero.

It is worth remembering that the responsibilities of the borrower and the guarantor are almost identical, but the rights under a contract from the guarantor virtually none. By signing the treaty, the guarantor prefer to think that the borrower will pay all without any delay, but when the loan becomes a problem, give up the guarantee the burden was too late.

How to terminate the contract of guarantee

Doubt the correctness of the decision after signing the contract, it should terminate until the borrower no problems, and the loan is paid without delinquency. Getting rid of the guarantee can provide banks with a new candidate to replace themselves. A new candidate for the surety must have a stable income, good credit standing and, of course, the desire to become a guarantor.

Parting with the duties of a guarantor can, if payable by credit card or loan has been transferred to the new borrower. Depending on the financial situation of the new borrower, guarantor or do not need, and if required, they will have someone else.

At the signing of the contract of guarantee is worth paying attention to the specified expiration date. If the expiration date is not specified, following the letter of the law, within a year the surety is considered free from any obligations. Treaty should be given special attention. After careful consideration of the documents before signing, or using the services of a lawyer, you can always find a place, which, if necessary, be able to help get rid of the guarantor responsibilities on someone else's loan.

Options with Student Loan Consolidation

Congress has recently decided rules for student loan consolidation.

One of the changes concerns the payment of student loan consolidation, both federal and private student loans. The payments are now based on income of the student. If a student can prove that he or she suffers from 'partial financial hardship' is then the monthly payments on a student loan consolidation taken at about 15 percent of a student current income, limited rather than a fixed price for each student. This is part of their College Cost Reduction Act along with its Access Act. These changes will take effect in 2009, first from July.

For those students who in what regards the government at least ten years, a qualifying public service position, z. B. be teaching or perhaps to spend charitable work, then the remaining amount of a student may present loans are granted. Unfortunately, it is only with the loans that are funded directly by the federal government. This option was for students at the beginning of October 2007.

At 1, July 2008, those students who move the FFELP or Federal Family Education Loan in a direct loan program to qualify using a loan consolidation plan for the above-mentioned also ..

Only pain consolidate student loan is also an option. Many of the students time to consolidate resources in order to extend the amount of time to pay it, and reduce the monthly payments that you make. If they are going to consolidate their loans, students have to look for many things, and many benefits that they can get from consolidating their loans.

One reason why students student loan consolidation is to escape from the changes in interest rates, the rise randomly. Some are just looking to less payments on which to make a month and a lower payment.

In selecting students use loan consolidation, timing is important. Instead of just picking on the spur of the moment, a student should wait until after the US Treasury bond auctions. This occurs in the last week of May in general and will enter into force on 1 July. This usually receives each of the loaners to decide for one month, if it would benefit them to do consolidations among their current prices, or would it be better to wait until the new tariffs in early July effectively. And there is a student a chance to lower seek strength classes.

Since private loans federal loans are not identical, so these new rules that apply for federal student loan consolidation does not apply to private student loan debt consolidation. For this reason, the Federal Republic was loans may be used only to consolidate the loans that are backed by the federal government and private loans must be consolidated with other private consolidation methods.

If you are, or a student who currently know looking for student loans, it is always better to use federal student loans and federal student loan consolidation options. If you are going to consolidate all your loans, to be sure you have two groups, a federal student loan consolidation and loans for private student consolidation.

Student Loan Debt Consolidation - An Overview

Students are increasingly used for higher education and the cost of higher education is on the rise. To finance their education, the students take different student loans. There are a number of student loans and can be categorized into two main types: Federal Student Loans and Private Student Loans. The Federal Republic of student loans Student Aid disbursed by the US Department of Education Federal Programs, and are the easiest to obtain. The private student loans are from standard credit institutions and banks, among others. Both types of loans you can finance your education, but when it comes to your Student Loan Debt Consolidation, never mix the two.

By consolidating your federal student loans first start. The benefits of student loan debt consolidation is your Federal loan that:

-The Interest rate is lower

-It Reduces your monthly payments, as the term of repayment of 30 years, will be increased depending on the loan balance

-The Repayment is consolidated onto a single check payment every month ..

You are entitled to your Federal to go for your student loan debt consolidation loan if you are not enrolled in school; They are actively repay your loan or are in your postgraduate Grace period of six months; They have a minimum loan amount of $ 10,000.

The reason why you should never order the federal and private loans while students mix debt consolidation loan is that the interest on Federal loans tax deductible; You can delay payments if you go back to school; and the loan is granted for specific types of service. Private student loans do not have these advantages because they are treated as normal loans. Mixing of federal and private loans during student loan debt consolidation makes you all the benefits of the Federal Republic of losing loan consolidation.

Go for student loan debt consolidation to reduce your debt load as soon as you have completed, you have to start paying back your loan.

Student Loan Consolidation - a program for you to find

Student loan consolidation help is a good solution for students who. In debt because of all the loans that they needed to pay for school

Student loan consolidation is basically combining two or more student loans. The point behind this is to the student to pay only one low monthly payment, on what they can afford based. This allows people to live a little easier in a bad financial situation.

If you can only take so you will find hundreds of options for student loan consolidation and other consolidation for other types of debt ..

Look at student loan consolidation, you will find that there are two main types of student loan consolidation. They are the federal student loan consolidation and private student loan consolidation. Although you can combine federal loans with private loans, it is a bad idea. When you combine two different types, you lose all the benefits offered with federal student loans but not prevented you personal loans.

Above all, the interest rates paid by federal student loan consolidation be tax deductible. This is a good performance, you would get a chance when you consolidate private loans, or would you all were private loans.

Next comes the possibility is given for certain federal loans if you are going to consolidate them. Again, if you combine them with private loans, or personal loans if you had no chance in it you would need.

Finally, for some who need it, there is a way for you to postpone your payments if you have to go back to school. You can not use again this advantage you have only private student consolidations, even if you mix private with federal student loans.

If at all possible, you want to use only federal student loans. Remember: If you are going to get student loans, consolidation, rest assured the federal loans have separate personal loans.

If you opt for a student loan consolidation, you must pay attention to the interest rates that they charge. If all the prices are the same, then be slightly higher, but you have no extra charges and you have a monthly rate set on what you can afford based. If the prices are different, they will charge an interest rate that will end up somewhere between your highest rate and your lowest rate. If they tell you that your interest rate will be lower, it is not really true. Only lower than your current rate higher.

If you come across a place that the fee requested in advance, then you should be careful. These are the scams. This is not to say that everything has a cost a scam, only those that the fees at the very beginning questions.

How Does Student Loan Consolidation

When you have completed your training and on several student loan numbers, you should consider student loan consolidation. Student loan consolidation payments is not only low, if you find your finances strained, you can save yourself headaches in the future! And now with the interest rates on the rise, student loan consolidation locks your consolidated loan at the lower rates, which may not be available later.

A student loan is a lifelong commitment to payment and, just like any other debt, nonpayment is reported that the credit agencies. A student loan will not be discharged, even in bankruptcy, except in a case of extreme hardship, but extreme hardness than no money except the bare necessities of life. So before your finances get out of control, check student loan consolidation now and lower your monthly payments with a guaranteed low interest rate.

As a general rule may not private student loans with a government student loan consolidation are included. In some cases, the credit support you can send a private student loans are, however, it is not advisable to include a private student loan with your government student loan consolidation. When a private loan is a government-sponsored loan, it is then the same rules and restrictions as the state-subsidized loans are considered.

But if you do not consider student loan consolidation are having financial difficulties, in certain situations, student loan forbearance, subject where you pay. Only the interest on the loan for a period, usually not more than 36 months This can give you enough time to resolve your financial situation. However, when you consolidate your student loans are considering, gather information you need and act quickly before the end of your grace period. After the grace period, it is nearly impossible to consolidate your loans.

If you, student loans believe consolidation is right for you, act now and reduce your payments while locking lower interest rates.

Federal student loan consolidation: Are you a good candidate? private student loan consolidation

As you probably already know that you are looking for student loan consolidation, there are a few types of student loans. Basically, you can find private student loans and federal student loans, and then a series of sub-between the two.

If a student has a large number of student loans, and he or she has paid for them with a problem, they usually see student loan consolidation. In this there are two major categories, and they are again private student loan consolidation and federal student loan consolidation. It is generally very important to keep these two categories themselves isolated because of a few differences in the form of loans.

Especially if a student is looking for loans, he or she should avoid private student loans by as many of the federal student loans, which are offered as possible. This is because the federal student loans that are offered are impossible with benefits that can come from private student loans.

First, there is the tax-deductible interest. No matter how hard you see no way to do this with private loans and would you student loan consolidation combines the two types, then you would lose the ability to do this, with your federal loans and.

Two other reasons for the Federal Republic are student loans, you would decide to go back to school for any reason, you can delay payments which is not available for private student loans. Even with federal student loans, you will be awarded loans the opportunity to extend certain species, and this is not available for private student loans.

Private student loans are the loans that you actually get from a standard Institute. This can be either secured or unsecured. What is certain, if you have given evidence as a backup, for. example, a house that you will pay off your loans, while unsecured depends only on your credit history, as with credit cards. Therefore, the federal student loan is possible; These private loans not nothing to offer such tax breaks.

If you undergo Student Loan Debt Consolidation, be sure to make sure your private loans are consolidated separately from your federal student loans. Federal Republic of student consolidation of your federal student loans want to make you the what the government has to provide the benefits and your total payment to reduce as far as possible.

So now you know the great thing about keeping your federal student loan consolidation separate from your private student loan consolidation, and you might wonder why you would opt to consolidate any of your loans in the first place. Now it's really easy; Consolidating several loans, allows you to reduce your monthly payments. Instead of paying the numerous bills each month, you pay one and it will be lower than all the others combined. Moreover, it is easier to keep everything, which is always a nice bonus.

STUDENT LOANS COMPARISON: BAF�G, KFW LOAN, GRANT, STUDY FUNDS AND PRIVATE LOANS

BAf�G: Who gets it, basically has ever luck. The monthly sum of money, however, can be too short and therefore not sufficient. A state BAf�G student loan is interest-free, requires of you, but compliance with the standard period of study - and unfortunately can not long be obtained from each.

KfW credit: This is like BAf�G, but with less approval limits and more flexibility. When a student loan during the time at university or technical college to bring financial relief, You can put almost certainly the best for your money. After graduating You must of course also find a way to repay the borrowed money.

Scholarship: The magic bullet. A wide range of different scholarships deserves to be studied! Sorry, no solution to the general public, because you need in any case, good grades and should be involved in politics or social else.

Study Fund: The elegant middle ground next to the royal grant. Study funds are also an alternative to KfW loan. There are no surprises, but a specialized skill and contact pool on top now. However, it can easily happen that you must later repay more than you got, because the repayment is based on your content. However, the high repayment is not the enrichment of the study fund provider, but other students benefit.

Private student loans: you can be strong and cheap, but also impractical and expensive. Please compare exactly in individual cases, because: Private banks want to make to their customers primarily money! The selfless promotion of education is public lenders reserved.

BEYOND also information on loans for students.

Refinancing loans from other banks

Refinance loans are often referred to as simply lending. This design of a single loan with a view to closing existing or more available. The product has a special purpose. That is, the money in his hands during the refinancing borrower does not receive, they are sent directly to the repayment of existing loan debt.

More and more banks began to offer lending services. Gradually themselves borrowers began to understand the essence of the refinancing, and that it could have a beneficial impact on the repayment of credit debt.

other banks refinancing loans Goals

Possible objectives of debt refinancing:

1
Reducing the effective interest rate. Let's say you took a loan without prior reference rate at 40% per annum. And now you have the opportunity to provide an income statement. Then you can apply to your chosen bank providing refinancing other banks loans services. As a result, your rate may be, for example, 25% per annum. As a result, the final overpayment decrease.

2
The increase in the loan repayment period. If the payment of the loan for the borrower has become burdensome, you can refinance to stretch payment terms. For example, initially you had 2 years to repay the loan, and after the term began to be 3 years. Accordingly, the amount of the monthly payment is reduced, the debt burden on the borrower's weakened.

Removing the encumbrance with pledge. Let's say you made out a car loan, in which the vehicle remains pledged to the bank. Encumbrance is removed only when full payment of the loan. Then you arrange refinancing, and your car loan is converted into a simple cash loan. The previous loan closes due to the new in another bank, the encumbrance is removed.

1
Replacing the currency of the loan. Recently, due to currency fluctuations it has also become topical.

Refinancing mortgages

Refinancing - is a loan with a lower interest rate to repay the loan with a higher rate, taken earlier. In the face of declining mortgage rates, a borrower can successfully use this tool to reduce the overpayment for housing purchased on the mortgage.

In countries where the mortgage has a longer history than in Russia, refinancing is widely practiced. And this operation is profitable even when the difference of the old and the new loan interest rates in the tenths of a percent. In our country, refinancing becomes effective when the difference in the interest rates of 2-3%, as getting a new mortgage involves considerable additional costs.

You can avoid a significant part of the costs, if the refinancing exercise in the same bank that issued the original mortgage. But banks are very reluctant to lower interest rates on mortgage contracts concluded earlier, as it reduces their income from mortgage lending operations. You can try to get to the other bank decision to grant a mortgage loan at a lower rate, and present it to his bank to the creditor as an argument for loan modifications.

In the event of a change in the lender lending, borrowers face a number of problems. Firstly, there may be additional costs in the form of bank charges (for application review, for the issuance of credit, and so forth.). Secondly, the need to re-pass the procedure of assessment of housing mortgage and insurance, as each Mortgage Bank is working with its partners, evaluators and insurers. Third, it should be noted that the requirements for mortgage housing at different banks are different, and the housing, which was approved and credits for one bank may be rejected by another. And fourth, we must remember that the credit history of the borrower must be flawless.

No matter, whether the change when lending to the creditor bank or not, the borrower will have to bear the costs associated with re-registration of the mortgage and notarization of the transaction.

In Chapter 7 of the Law "On Mortgage" it says: "property mortgaged by a mortgage agreement to secure the fulfillment of liabilities (previous mortgage) can be provided as collateral to secure the fulfillment of other obligations ... to the same or other mortgagee (subsequent mortgage)." That is, according to the law, the borrower a mortgage loan has the right to re-pledge of mortgage housing that meets the objectives of lending. But in practice, the borrowers often have to operate under the scheme: first, pay back the loan from the original lender - then remove the lien encumbering a property - and then get a new mortgage loan and build new housing lender.

Lending program for a specific region, you can choose to "mortgage program."

If none of the bank's lending program is not reached, the initial maturity for a mortgage loan will have to take a short-term unsecured loans, and then repay them ahead of time at the expense of the new mortgage. Interest rates on consumer loans is 5-10% higher than the mortgage, and the difference is noticeable when lending to an additional expense. This can be avoided if the borrower has in the property has any property that can be laid for a new mortgage.

And yet another embodiment of lending - is to use a mortgage broker. In this case, the new mortgage can be obtained from the old settlement. A mortgage broker acts as a guarantor to the bank issuing new mortgage loan for a period of re-registration of mortgage housing. mortgage broker service cost is from 10,000 to 60,000 rubles. This amount is quickly recouped if the savings on your monthly mortgage payments will amount to 4000-6000 rubles.

Simple and convenient mechanisms for mortgage lending are just beginning to take shape in Russia. But soon refinancing becomes normal practice, the services of the borrower will be lending a lot of options and it is not one they will use for a long period of mortgage lending.

Fixed "deuce" - get the money: who will provide loans for study

A new experiment on state educational credits, which will last until the end of 2013. Columnist "Izvestia" Andrew Chernakov found out the details of how, to whom and under what conditions will provide loans for their studies.

First of all, the credits will be really favorable. "During the entire period of study in high school and three months after the end of the student does not pay the bank the principal debt on the loan, - said Deputy Minister of Education and Science Vladimir Miklushevsky -. During this period, the state subsidizes bank interest rates during the first and second year of use educational. credit student pays only part of the interest rate:. 40% and 60%, respectively, the loan repayment period, we have increased twofold: Now the recipient will have to return the money to the bank for ten years after graduation According to our calculations, the graduate will have to pay about 4-7 thousand per month. .

In addition, students no longer need to provide security for the loan (bond or guarantee), and penalties are imposed for early repayment. "

According to the rules of the experiment university students can obtain credits for tuition under the guarantee of the state, which is 3/4 of the refinancing rate of the Central Bank to subsidize the effective interest rate the lender (including state support). The maximum interest rate on such loans may not exceed a quarter of the refinancing rate plus 3% (currently it amounts to 5.625% per annum). Training. Each employee Messenger - a true professional in their field, and we are proud of. Education - Employment in the connected - team coaching. Jobs connected for the majority of employees starts with the Training Center. Training. Each employee Messenger - a true professional in their field, and we are proud of. Education - Employment in the connected - team coaching. Jobs connected for the majority of employees starts with Tsentra.Banki Training - study participants will receive subsidies from the federal budget for the reimbursement of expenses for bad loans in the amount of up to 20% of the total issued student loans. In addition, the government has pledged to subsidize the banks lost income in the amount of 3/4 of the refinancing rate of the Central Bank of Russia effective on the date of the contract, during the whole period of credit use.

Who can rely on student loans? First of all, those students who, according to Vladimir Miklushevsky, "first of all, good time to, and secondly, to study economics demanded specialties and, thirdly, - in the universities, which provide high-quality education." Until the end of September the Russian Ministry will develop criteria for student performance and requirements for universities - participants of the experiment. The list of such institutions will be prepared annually. But higher education institutions will be included in this list, having state accreditation, including non-state.

For students - a criterion. "Get a loan will be those entrants who have shown good results in a profile exam subject, but do not get any points to the passage - in the range of 20% of the difference between a passing grade and a minimum score on the subject, - says Vladimir Miklushevsky -. We assume 60 points - a passing score on a particular specialty of the budget, the minimum score -. 20, in this case, a loan can apply for applicants who scored 52 to 60 points if the young person enters the field of training, where only non-budget place, then its results exam must be within 20% of the difference between the maximum number of points in this direction in the preparation of this institution and a minimum grade ".

The state is ready to encourage students to get good grades. Ministry of Education wants to introduce the rule that a student has received "three" two consecutive sessions will not be able to rely on credit tranche in the next semester. To pay for this semester he will have to yourself. If after that it gets to the next session only good grades tranches renewed.

By the way, the students who participated in the previous experiment and the program "Credo" company "Crane" and the bank "UNION", are also able to connect to this scheme. Vladimir Miklushevsky explained "Izvestia": "They will operate one exception: we do not demand that these students learn only" four "and" five "and demanded specialties, because when they took out a loan, such demands were not" .

Under the new rules will be given credit in rubles. "This is a fundamentally important - says deputy minister -.. Because the rate can vary, but, I stress, it is not imperative to students with an educational loan from a bank." UNION ", can remain in it if he wishes to go to the banks that will participate in the new experiment (talks were held with Sberbank, VTB 24 and Rosselkhozbank), he can do it on the new conditions. "

Most experts believe that 20% compensation for unpaid loans - a maximum risk of defaults in the banking system, and such conditions could push domestic banks to participate in the experiment. According to one of the developers of the draft law "On educational credits" - State Duma deputy Anatoly Aksakov, this autumn, many banks, including regional, will provide loans for their studies under the new scheme.

But his colleague - Deputy Pavel Medvedev proposes to reduce the space on popular among young people, but not demanded by the market specialties in the humanities and, conversely, to increase their engineering and medical specialties. According to him, it will sharply reduce the country's number of random students and issuing education loans will become more rational and truly guaranteed. This position is shared by the Ministry of Education in.

Refinancing loan closeup

Those who designed the credit, should be familiar with the following situation: you need the money, do not attach particular importance to how heavy a burden it can be a promissory note, and as a result have to pay a premium. It was only after receiving the loan and the beginning of the payments on it, you start to realize the seriousness of the situation.

You begin to compare their costs and fees with those of other banks and realize that hasty. The question arises, is it possible to reduce their costs, and how to do it. At this moment, demand is such service credit institutions, as refinancing or refinancing.

The essence of refinancing

Refinancing in most cases, in fact, it is the design of a new loan with all the ensuing consequences. It is carried out in order to change into a more favorable direction for the customer loan conditions (lower interest rates, change the loan term).

In rare cases, when the credit agreement provided for changes in interest rates, the bank can simply change it by issuing this additional agreement. This option would be the most advantageous for the borrower.

In case of registration of a new loan for the account is paid off the old (or more previous loans). The procedure can be carried out as the refinancing in the bank, which was originally designed loan and other bank. In carrying out its part of the bank in the required information from your bank about the current state of the credit.

Types of refinanced loans

At the moment, banks make refinancing consumer loans, car loans and mortgage loans. Lately, especially popular refinancing mortgage loans, since the amount in this case is large and the cost can be reduced significantly.

Many new proposals of banks with relatively favorable conditions for clients. Particularly interesting of these conditions can be for those borrowers who took out loans in the period of high interest rates. Unable to make refinancing in the event that the loan agreement there is a moratorium on the early extinction.

Advantages and disadvantages

Obviously, the advantage of this form of credit for the borrower is to reduce the interest rate or other conditions change (eg date), which will help to make payment more convenient and significantly reduce costs.

However, there are some downsides. Firstly, you will need to re-pass the registration procedure, and then may be additional costs in the form of various bank fees, loan insurance. Most felt they would be in the case of refinancing a mortgage, especially if refinancing will be made at another bank. We'll have to again assess the property, renew insurance contracts and documents on the property, including mortgage.

The feasibility of refinancing

Of course, the best option for the borrower could refinance your bank, and, by simply changing the rate with the help of the signing of the additional agreement. Only the chance of a similar set of circumstances a bit. Therefore, in each case should be individually considered the advisability of such a step.

To do this, you must take into account all associated costs, to calculate the final overpayment and compare it to current conditions. It makes no sense to carry out this procedure if the early repayment under the existing loan is possible only with the use of penalties. Most beneficial to refinance for the first term, when the principal debt has almost paid off, and on the condition that the customer does not incur any additional costs.

What happens if you do not pay the loan

If you can not repay the loan, it is better to study in advance the likely impacts and develop a plan of action. If the borrower is behaving correctly, then the non-payment of the loan - this is not a disaster for him. On the other hand, is often more profitable to give up huge monthly payments and wait for the court. During the trial, the amount owed will be fixed, and the interest will no longer accrue. About the repayment schedule of this amount will need to negotiate with the bailiffs, who are almost always willing to compromise (if you properly prepare for this step).

We begin with a refutation of the "horror stories" that the bank's employees and collectors like to talk to borrowers who find themselves in a difficult situation. So, what can not be afraid of what will not be, if you do not pay a loan to the bank:

You do not will break his legs, not cut out a kidney, do not steal your children. At the beginning of 2016 we do not know a single case when the threat of physical violence on the part of banks or collectors were executed (at least for Moscow).
You will not go to jail, do not give a suspended sentence is not sent to public works. Non-payment of the loan to the bank - it is not a crime, and when they talk about "the court for non-payment of credit", we mean not prosecuting.
Social services do not take away your children, your relatives will not be responsible for your debt (if only they were not guarantors). Loan default - it is a matter purely financial and he only concerns you and the bank.

Of course, if you do not pay the loan, there will be unpleasant moments, but everything can be prepared in advance. Our experience shows that the most effective option - it is immediately seek the assistance of a credit lawyer. At a minimum, you need to consult on the phone, but it is better to come to a lawyer for personal reception to bring the loan agreement and other documents. Only familiarized with all the materials, the specialist will be able to objectively evaluate the features of your particular situation. If for some reason you want to protect your own interests, you need to pre-examine every question that will face. All relationships with the bank after the formation of delinquency on the loan can be divided into three stages:

01. Pre-trial stage: you expect the psychological pressure and threats from the bank and collectors. To guard against this, it is necessary to fix in writing a "sneeze" and complain to law enforcement authorities.Pre-trial stage: you expect the psychological pressure and threats from the bank and collectors. To guard against this, it is necessary to fix in writing a "sneeze" and complain to law enforcement authorities.

02. Court on the loan: the bank has the right to demand the money through the courts. In this way you have a trial lasting several months. As a result, the court will make a decision and fix the amount of the debt.

03. Post-trial stage, if you just do not pay the full amount fixed in the court's decision to join the cause of the bailiffs. Usually, this means the removal of valuable property and withholding part of the salary.

Depending on how well you behave in each of these steps can take quite painlessly, or vice versa - to cost you a lot of effort and nerves. Let us consider each step separately and list the basic rules that will greatly facilitate the life of the borrower. It is important to understand that each situation has its own quirks, which are determined by not only the features of the loan agreement, but the specifics of a particular region of Russia. As the behavior of collectors, as well as the position of the judges will be significantly different for Moscow, for example, to Khabarovsk or Grozny. If we are talking about a large amount of money, we strongly recommend not only to read the general advice, but also to appeal to the local lawyer who is familiar with the practice in your area.

Loan Court passed without me - what to do?

Thus, the trial of the loan passed without your participation. Most likely, of the decision, you will learn in a few months, when you will be contacted by the bailiff to demand money. Is it possible to reverse the decision if the court has passed without you? Yes, the law provides such an opportunity, but in contrast to the usual judicial process requires more complex steps, and you will have virtually no margin for error. If you properly prepare a document or file a they are not in the instance, or skip designated law terms - to rectify the situation after that even an expert can not.

In order not to miss this opportunity, the best solution - immediately contact the credit lawyer. Believe me, at this point really requires the involvement of a professional who is familiar not only with the letter of the law, but also established practice in your area. At a minimum, you need to consult a lawyer on the phone, but it is better to come to a personal welcome. If for some reason you decide to act on its own, you need to perform these steps.

01. The first thing to learn from the bailiff's name and address of the court, which deals with your business, as well as the number of the case. If the court about the last you have learned from another source (for example, you were sent by mail solution), it is necessary to find out the same information - the name of the court and the case number.

02. Then you need to come to court and ask for the case file for review; better pre-call to the office, to clarify the visiting hours and other details. Having received the case, you need to take pictures of all his sheets, so you can study them at home in a relaxed atmosphere (or later pass a lawyer).

03. In studying the case materials necessary to pay attention to the name of the final document of the trial - "default judgment" or simply a "solution". The judge may use any of the two procedures, and if you're not a lawyer, then the difference can only be set on the title of the document. Depending on whether there is the word "correspondence" in the title of this document, you will need to take a completely different steps.

04. If the decision is referred to as "correspondence", then you need to apply to the Court of First Instance an application for default judgment set aside. This statement should not just ask for the cancellation, but also list specific reasons why you do not agree with the decision. If the court satisfies this statement to begin a second trial on the loan, but with your participation.

05. If the word "correspondence" in the original decision is no, then you need to use another procedure - appellate review. In this case, you have to apply to a higher level - the Court of Appeal. An appeal will only take one meeting, and immediately makes a determination - to leave the previous decision in force, or reduce the amount of payment.

It should be understood that at each step there are many nuances and to understand all the details can only be a professional lawyer. For example, if missed deadline of a document, in some cases this problem is fatal, and in others - missed deadline can without difficulty to recover. In order to properly prepare the documents, in addition to the letter of the law is necessary to know the current practice.

Many nuances are different in different regions of Russia, so it is important not to rely on general recommendations on the internet and talk to a lawyer practicing in your city. Specialized professionals can provide information not only about the peculiarities of the region as a whole, but even of each district court. If you are in Moscow or the Moscow region, you can ask us for telephone advice, but the most effective option - it is, of course, come to the personal reception of a credit lawyer.

Can the Court of loan to go without the defendant

If the bank filed a lawsuit and is seeking to recover the unpaid loan to the borrower, the defendant (the borrower) must be notified prior to the first meeting. Notification of the defendant - it is the duty of the court; period of notice and other details are described in detail in the Code of Civil Procedure of the Russian Federation, but in practice not all legal requirements are met. Even if the court will send timely agenda, failure can occur during delivery by mail. There are cases, such as when the agenda reaches the addressee only a few months after the completion of the trial.

Quite often, the cause of non-agenda is a confusion with the address. Typical sources of problems - discrepancy between the address of the actual residence address registration, change of address registration, etc. Given the high load none of the court staff will not check the relevance of the borrower's address, which was granted by the bank (for example, an address can be specified on a copy of the credit agreement, attached to the suit). In short, the borrower does not need to be hoped that it will certainly be informed of the beginning of the trial.

If you do not know about the upcoming process (or if you ignore the resulting agenda), the Court of the loan will take place without your participation. From the point of view of the law, the court without the presence of the defendant - this is perfectly normal and does not contradict anything. In the same way as an ordinary court of debt on the loan, the process will consist of 3-4 sessions over several months. If the defendant does not appear, one or two times it may be grounds for postponement, but the final result will not be affected - the court will make a decision anyway.

How long is the court with the bank loan

Follow-up to the moment when the bank sued for non-payment of the loan, the CPC clearly defined - the Civil Procedure Code. However, the terms of these steps in practice may differ significantly from the fixed-in-law, and especially clearly manifested in the overloaded courts of Moscow. In the regions, the load on the courts usually smaller, so there GIC terms is more or less respected. If you want to know the real forecast, you need to contact a lawyer, who has a practice in your area.

If we talk specifically about Moscow, the ordinary court for non-payment of the loan lasts from 3 to 9 months. If your interests will be represented by a professional lawyer, he will be able both to reduce and to extend this, depending on what tasks you face. For example, when our customers put a maximum goal to tighten litigation, we are increasing the length of about one and a half years. During this time, our clients have time to correct financial position or simply redistribute the movable and immovable property "right" way.

The above terms as the court takes on the loan - this is only approximate guidelines. More accurately predict the duration can be only after reading all the details of a particular situation. For example, the speed of the courts depends on the season: in January-February, cases are markedly slower than in November and December, when the judges need to close the maximum number of cases before the New Year. The average for Moscow "plug" for each stage of the trial for non-payment of the loan is provided in the following table:

Step number in the trial phase duration
1 The bank filed a lawsuit in court "zero" point of the trial
2 The Court held a preliminary meeting from 1 to 6 weeks
3 The court held a major meeting (hearing on the merits) One meeting - from 2 to 6 weeks, usually takes two to three meetings. Thus, the hearing occupies substantially total of 4 to 18 weeks.
4 Borrower (or his lawyer) was the court's decision and filed an appeal from 2 to 4 weeks
5 The appeal is considered by the appellate court from 3 to 8 weeks
6 Bank received the appeal from the determination of 1 to 4 weeks
TOTAL of 11 to 40 weeks

If you need a more accurate estimate for the timing of the trial, we recommend that you contact our lawyers for advice on the phone. Even a short conversation often helps to get an answer to the key issues and avoid typical mistakes. However, if your situation has reached the Court, or you expect to trial in the near future, we strongly recommend that you go to a lawyer's personal reception. Trust our experience, only a professional lawyer can confront in court the bank's lawyers, who not only knows all the details of the laws, but sometimes personally familiar with court staff.

When the bank sued for non-payment of loan

If your debt is large enough, and you can not negotiate with the bank about its restructuring, it will almost certainly end the matter by the court. How much considered big enough to go to court - this question depends essentially on the concrete bank of Russia and the region. For example, in Moscow by the court usually end those loans for which the total debt (including interest and penalties) exceeds 50-100 thousand rubles.

As for the Bank of maturities in the court, there is no certainty there is, and can only talk about the exemplary orientations. As mortgage banks typically sue relatively quickly, after an average of 3-6 months after the formation of the debt. By car loans is longer, usually in the range of 4-12 months after the borrower stopped paying. Naturally, if the debtor is trying to establish a dialogue with the bank or make any payments to these terms may significantly increase. In rare cases, the bank can simply "forget" about the debt for many months, until the expiration of the period of the loan.

For simple consumer credit spread on terms even more than for mortgages and car loans. How many bank sues for nonpayment of the loan - this is determined by many factors: the size of the debt, the bank's characteristics, peculiarities of the reservoir, the behavior of the borrower, etc. Large banks (for example, the Savings Bank) appeal to the court quickly - literally within 3-5 months after the borrower stopped paying. Banks less, especially if they are actively using the collectors go to court much more slowly - in six months, a year or even more.

Here are a few examples, typical for Moscow; for other regions of the data, of course, can not be true. Suppose you have a loan in the Moscow Credit Bank, the balance owed 300 thousand rubles, you stopped paying, and no longer comes in contact with either the bank or the collector - in this case, wait for going to court about six months. If in the same initial situation somehow communicate with the bank and periodically answer calls collectors (promising to pay everything, everything, but later), the maturity period of the court may increase up to a half or two years.

How to win the court on the loan from the bank

First of all it is necessary to explain what is meant by "win" or "lose" Court of overdue loans. If you took out a loan, but had not paid it in accordance with the terms of the contract, the court will confirm the almost inevitable that you owe the bank a certain amount. Exceptions to this rule are extremely rare (for example, when the statute of limitations has passed on the loan), and for them it is better not to hope. The difference between the "win" and "lose" is what it will indicate the amount of the judge in his decision.

As a general rule, until the case comes before the court decision, the bank has time to count the borrower astronomical interest and penalties for violation of payment schedule. Sometimes the interest and penalties for late several times higher than the full amount of the loan issued by the bank initially. If your hand is not competent objection, it is likely that the full amount together with interest and penalties the court will record in its decision. If you bring a credit lawyer who will prepare the necessary documents and protect your interests in court proceedings, the total amount in the judge's decision may be reduced by several times.

Credit lawyer can quickly evaluate the prospects of your business and give concrete estimates on how much you can claim to reduce the bank's requirements. You can call our experts right now and get a brief consultation by phone. However, for a more detailed analysis, we recommend you to come to a personal welcome, taking with him all the available documents (loan agreement, payment schedule, bank statement, etc.) Believe me, if the issue of credit came to the court, without the help of a specialist you do not manage, and attorney's fees will pay for themselves several times.

How are hearings in the case of credit

The court with the bank loan (as any other civil court) takes place in two stages: first a preliminary hearing, then the main. In this case in the main proceedings can take place several court sessions. More specifically, the meeting can be transported, if not complied with all the conditions for starting the process. Thus, you or your lawyer will need the credit to go to the court 3-4 times or more. The duration of each session depends on many factors and can vary over a very wide range - from 10-20 minutes to several hours.

So, the first meeting with the judge at the preliminary hearing takes place. Date and time of the beginning of the meeting shall be specified in the summons received by you; the date and time can be specified on the website of the court. Basically, on a preliminary hearing on credit cases can come "empty-handed", without any pre-prepared documents. Afraid of a preliminary hearing is not necessary because there are no major decisions are not taken. In fact, a simple man (not a lawyer) from the preliminary hearing may make only one - on what day and time will be assigned to the main hearing.

The main hearing is significantly different from the pre-both from a legal and from a worldly point of view. Firstly, you can not come "empty-handed", this step is required to prepare an objection to the claim of the bank requirements. Simply put, you have to write legal language, why the bank is wrong, and what you want from the judge. Yet, as a rule, you need to make a detailed table with your version of the calculation of the remaining debt, which corresponds to the law, and you are willing to pay. If for some reason you have not prepared such documents (or prepared them wrong), you can assume that the court lost.

Second, in the main court hearing on the non-payment of the loan you will have to answer "tricky" questions of lawyers of the bank and possibly judge. It is important to remember that into account when it will be accepted only the answers are based on the letter of the law, but not on domestic considerations. Stories about the hard life situation, not supported by legal arguments, often cause a negative reaction on the part of the judge. If a person is trying to soften every day for many years - believe me, sooner or later it starts to irritate him.

Third, the result of the main proceedings is a final decision, binding on all parties. In other words, after a few sessions judge says that a citizen Ivanov to pay the bank "Hrenobank" one million rubles (or three million, if a citizen Ivanov failed to properly protect their interests). And if the debtor does not comply with this decision voluntarily, the money will have to beat the bailiffs. Unlike banks and collectors, bailiffs have have all the necessary tools to not only ruin your life, but at the same time and get the full amount specified in the court decision.

Remember that the court's decision depends entirely on how well the documents will be available on your part and as a clear case you (or your lawyer) will pick up during the meeting. If you do not have legal training, we strongly recommend that you do not even try to do it all on their own. Against you perform specialized bank lawyers who every day are judged in such cases and can easily "knock down" your reference to the credit agreement and the laws. If you do not agree with the bank's requirements, and really want to challenge them, you will inevitably need to contact a lawyer for help in the court of the loan.

How is the court with the bank loan

The greater the amount of your debt, the more likely that eventually the bank will sue. If the judge will take the side of the bank and make a decision unfavorable to you, you have almost no chance to rectify the situation. Thus, it is important to clearly plan your actions immediately, as soon as the loan deal has appeared in court. As practice shows, the best option - to immediately consult with a credit lawyer.

How can I check that the bank filed a lawsuit
Typically, the borrower finds that the bank filed a lawsuit for non-payment of the loan, when it detects a summons in the mailbox. Almost certainly is, this document (the bank or the collectors there is no need to fake it), but if you are in doubt, you can easily verify its authenticity. To do this, you need to find on the Internet site of the court from which received a summons, and in the "case management" use the search by last name. If your credit is really the case in this court, you can directly on the site to get basic information on it, as well as the exact date and time of the meeting.

In some cases, instead of sending summons by mail, you can simply call the office of the court. Of course, under the guise of court staff can call from the bank or collection agency, to put pressure on you. Sometimes borrowers openly call from the bank and told that the court filed a claim, but it is not too late to settle all on good terms. In any case, if the upcoming trial, you will learn on the phone, try to find out the exact name of the court, the date and time on which the meeting is scheduled. Then you can go to the website of the Court and verify all information.

If you do not know the name of the court, it is necessary to check a few options, because each court has its own website. First of all you need to determine which territorial court refers your place of residence, as well as the location of the bank. In addition, you will need to check, not specified whether a particular court in your loan agreement. If on the websites of these vessels is not mentioned your name, it is almost certain the bank did not file a claim on your loan.

On the history of private loans in Russia. (From my student abstracts)

As a student, he wrote notes to the financial law. Do not believe me? - Please proof: "... More Grand Prince Vasily the Dark borrowed from Moscow" guests "and hundreds of cloth merchants in A Time of Troubles period SHUISKI a mortgage of jewelry was trying to get a loan from." Guests ", he took a loan at the Trinity-Sergius Laura and Solovetsky monastery. Later, in May 1613, with a request for money to loan to the Government of famous merchants and industrialists Stroganov addressed recently came to the throne of tsar Mikhail Fedorovich Romanov.

Usurious loan is conservative in its essence: contributing in a traditional society the accumulation of treasures and the concentration in the hands of the means of production, it does not create significant preconditions for the development of capitalist relations. However, unlike previous centuries, influenced the growth of commodity-money relations and expansion proposal, the natural form of usury increasingly gave way to the money. This process was accompanied by some and lowering interest rates, in particular, for loans, which are issued to the monasteries.

Overall loan in Russia was expensive. His most devastating forms are considered "vengeance", ie a loan at 60 percent per annum and above, which are generally used specifically for large landowners "attachment" to their land still formally possessed the personal freedom of the peasants.

It should be said that as a borrower has acted not only to natural persons: a loan resorted parish and settlement, and the suburbs, which the maintenance chiefs and judges, deacons and barmen, huts and prisons, numerous gifts in Moscow's orders and the sent out detectives and magistrates did not have enough conventional means - income from self-taxation.

Aware of the many negative consequences of usurious activities and especially its negative impact on the tax potential tax the population, the authorities have made repeatedly by torture to restrict and even eradicate usury. Thus, Article 255 Council Code generally prohibited, following the Christian dogma, issuing loans at interest. However, this and similar bans is relatively easy to overcome with the help of different tricks. Widely practiced issuance of loans from which the relevant interest deducted in advance. Another common way is that issued by the borrower the loan was interest-free formal, but by agreement of the parties was set very short, almost unreal life of its return. For delay in payment is not prohibited by the law stipulates the high interest rates, which ultimately gave the loan usurious character.

Named article Code is kept valid for over a century, more precisely to the manifesto of the Empress Elizabeth of 13 May 1754 which, inter alia, to establish "ukaznoy percentage", ie the maximum amount of loan rate of 6 per cent. "