Why Loan Debtors Lose Courts
Nowadays we often encounter situations when the defeated party throws accusations on the defeated party.
"They bribed the judge, the court simply didn't understand the problem, they didn't study the case materials carefully.
This is the kind of thing we see more and more often. In fact, the party that lost, as practice shows, is not strong in the knowledge of the law, they believe that the blame all around, but not them. As a rule, their knowledge and understanding of the laws at the level of detective movies.
Most often, such situations are faced by debtors. They most often make mistakes. Creditors screw over their debtors and it would seem that the debtor could win, but no.
Creditors can be individuals as well as banks. More often than not, individuals forget about the statute of limitations, or simply did not know it existed. Banks also have this error for reasons they don't understand. But unlike individuals, banks are not allowed to reinstate the statute of limitations.
Consider the above with an example.
A man went to the bank, took out a loan, but failed to pay on time. The bank decided to take legal action, drafted a statement of claim, and sent it to court after the statute of limitations (3 years) had expired. The court will accept such an application, but if the debtor will carefully study all the case materials and make a statement to the court about the expiration of the general limitation period, in this case, the bank will receive a refusal to satisfy its claims.
IMPORTANT! Without the statement of the debtor, the court itself the consequences of missing the limitation period does not apply (Art. 199 of the Civil Code).
Consider another situation. The bank for unknown reasons forgot about his debtor and forgot that he was going to sue him. The limitation period has passed, the bank realizes that it will not be able to restore them. In this case, the bank is forced to go tricky.
The bank prepares a statement of claim with the necessary requirements, knowing that their statute of limitations has expired. Then, a few days before filing the claim, the bank employees start getting in touch with their debtor, telling horror stories about what happens to debtors. After the scary stories, they make a great suggestion that everything can be resolved amicably, the debtor only needs to acknowledge the bank's claim purely as a formality. Or they offer to sign an additional agreement to the contract on "very favorable" conditions.
If the debtor agrees, then the statute of limitations starts to run again. And in this case, the bank can go to court with a clear conscience.
Keep in mind that any reaction to a particular bank can cause the recognition of the debt owed to it. If the debtor has received a summons, he is entitled to submit a petition for the application of the statute of limitations to the court registry.
Keep an eye on the registration address
Not many people know about a separate branch of collection - the issuance of a court order. This is when the recovery occurs without calling the parties, only the documents. The judge issues a court order, sends it to the debtor's address of registration, and he has 10 days from receipt to cancel it.
A court order is also issued if the statute of limitations has expired. This is legal.
If the debtor does not cancel the order, the bank initiates the enforcement proceedings, and the bailiff begins to collect.
And according to the law (art. 165.1 of the Civil Code of RF) the debtor is considered notified and has received the court order even if he didn't take the letter from the post. Therefore, 10 days for cancellation by the time of initiation of enforcement proceedings by the bailiffs have long passed, and this period will have to be restored.