When a debt is formed on credit obligations, there are situations when it is possible to return the funds transferred to the borrower only through a court. Meanwhile, there is a statutory period during which the filing of a claim is possible. If, in relation to a regular cash loan, the starting point is fixed in the clauses of the contract from the end of the crediting period, the limitation period on the credit card is determined taking into account a variety of nuances.
The procedure for establishing the statute of limitations
There is a standard limitation period, which applies to debt obligations to the bank. It is 3 years, but the law provides for the possibility of extending the period when a bank can declare its claims for return through court.
The term “limitation of actions” is explained in Article 196 of the Civil Code as a time period during which a creditor has the right to demand the payment of a debt in court. Article 200 of the Civil Code of the Russian Federation, the beginning of the statute of limitations is determined by the date of expiration of the contract. The starting point can be changed if the bank issued a loan with the right of demand and told the debtor about the need to completely close the credit line. In addition, the law makes it possible to extend this period upon the occurrence of certain circumstances.
Features of the definition
It is necessary to distinguish between the concept of “limitation period for the loan” and “the issuance of the funds themselves.” Neither the duration of the loan under the contract, including express loans, nor the time elapsed since the receipt of the money, do not affect the prescription. The established and confirmed fact of contacting the borrower with the lender for the return of the debt will be of fundamental importance.
The courts of first instance can also accept the date of termination of credit relations under the contract as a reference point. Such decisions can be challenged in the highest court instances by filing an appeal. However, the limitation period for credit cards is determined differently. Since the credit card does not have a strictly defined period of termination of crediting, it is impossible to apply the general definition scheme.
Reference point for credit cards
The general rule that establishes the limitation period for a credit card is related to the date of the last payment from the borrower. Under standard conditions, the bank sends the first request to close the credit line 90 days after the last installment. The limitation period will be valid for a three-year period after the official contact between the parties. The card for which no payment was made to repay, will be determined by the day of withdrawal of funds from the credit account.
Subtleties of the procedure for determining prescription
To avoid discrepancies, prescription should be determined from the date of delivery of a registered letter from the lender to the borrower demanding full repayment of the debt with interest before the expiration of the loan period.
It should be noted that the transfer of debt to another organization will not affect the period remaining until the expiration of the statute of limitations.
The following circumstances may be used for renewal:
- Each case of communication with the borrower for the lender nullifies the period, allowing for the next 3 years to consider the case in court.
- The application for refinancing / restructuring received from the borrower also extends the time allowed for filing a claim.
- Any installment to pay the debt, even for the smallest amount, also extends the term.
- The use of preferential holidays received by the borrower from the bank also leads to zero prescription.
- The fact of confirmation by the borrower of the notice of the requirement to repay.
- Recorded telephone conversation with a debtor bank employee.
The duration of the period during which the lender retains the right to collect the debt through the court, except for revising the starting point of reference, cannot change, regardless of the type of contract and its conditions.
Even if the loan agreement has clauses defining how the limitation period is established between the parties, such an agreement is deemed void by agreement of the parties.
To challenge the limitation on the part of the creditor will require documentary evidence of the fact of communication with the client. These cases can not be attributed to either simple visits to the borrower offices (without discussing the topic of loan repayment), or a telephone conversation (if it is not recorded).
The reason for suspending the period of possible filing a lawsuit with the court may be one of the following situations:
- Force majeure circumstances in which the filing of a claim by the lender became impossible (natural disasters, strikes, military operations).
- Introduction of the moratorium by the authorities.
- Emergency service of the borrower in the Armed Forces of the Russian Federation for the entire period.
Recommendations to debtors on credit cards
When submitting documents to the court, a client who has made multiple delays must apply to the court with a request to terminate the statute of limitations. If the court establishes the circumstances allowing admitting the expiration of the statute of limitations, all requirements for the borrower will be removed in court. The time for filing the petition is the period of the trial.
If the debtor cannot be present in the court himself, he may apply through his representative on the basis of a notarized power of attorney. If this is not done, the court will not determine the limitation period for the credit card, which increases the lender’s chances of a positive decision on the case. Thus, for the recognition of the term for making claims on the debt expired, an application from the client-debtor is required.
Following the recommendations, it will be easier for the debtor to resolve its debt problems and minimize the consequences if you achieve recognition of the statute of limitations expired:
- The client is not recommended to answer calls from the bank, to receive notifications from the lender. This measure is possible only if the impossibility of full repayment of the debt to the bank for the borrower is obvious. It should be noted that subsequently no reputable credit office will no longer provide a loan to a customer with a “tarnished” reputation.
- When the period of validity of the right to legal proceedings has expired due to the fault of bank employees, they may continue to harass the debtor by phone in the hope of returning the funds lent by the lender. If the borrower has doubts about the eligibility of such a requirement, it is recommended to consult with a lawyer beforehand.
- Active aggressive actions of collectors can be stopped by contacting the police. A statement to the prosecutor’s office will help establish the illegality of measures taken by collectors. If the collection agency realizes that the debtor is well informed about his rights and knows about the possibility of recognizing the statute of limitation expired, it will cease to disturb the former client of the bank.
- By law, the expiration of the statute of limitations does not prohibit the bank to communicate with the client in order to receive the debt. In this case, the citizen has the right to withdraw his personal data by submitting an official statement to the bank.
Consequences of debt repayment
The law unambiguously determines whether there is a limitation period, even when the creditor does not bother the debtor for a long time. The danger of inaction of the bank lies in the fact that the lender deliberately waits when the amount of penalties and fines on overdue payments becomes significant, and only then goes to court with a legitimate claim. If the statute of limitations has not expired, the chances of a verdict in the interests of the bank are great. Allowing overdue debts and accumulating debts gradually, the client should keep in mind the tough measures that the bank may subsequently apply, acting through its legal service.
If the judge finds that the borrower initially had the intention to deceive the bank by receiving credit funds and not planning to return, the sentence against the debtor can be harsh. There is practically no chance of being forgiven for debts from those who deliberately deceived the bank. In the future, the decision of the judge is transferred to the execution of the bailiffs, who impose arrest on the property of the guilty citizen with its further implementation in payment of the debt.