Selling debt to collectors after a court decision on collection. Lawyer's advice: what to do when the bank sold the debt to collectors? Sell debt after court decision

Can a bank sell a debt to a collection agency? Not a single borrower wants to deal with collection agencies, and besides, today there are whole legends about the way they work. A meeting with debt collectors can only occur if a client of a bank or microfinance organization stops fulfilling its obligations to the creditor for a long period. So, the bank sold the debt to collectors - what to do, where to go, how to solve the problem? Let's figure it out.

Does the bank have such a right?

Important! Please keep in mind that:

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

When considering the question of whether banks have the right to sell debts to collectors, one should rely on Law No. 230-FZ. Let us immediately note that banking organizations and other credit companies interact with collection companies by concluding one of the following agreements:

Agency contract. The agreement involves the provision of paid services by collectors to the bank for the collection of problem debts. In fact, special agencies receive a percentage, a reward for “knocking out” payment for one or another type of loan from the borrower. In this case, agencies play the role of an intermediary, demanding that the debt be repaid to the bank and the money sent to its details.
Assignment agreement. But here a completely different scheme works. The bank actually sells the debt of the “negligent” borrower to the collector, and he, in turn, becomes his new creditor. Now, legally, the agency has the right, on its own behalf and in its favor, to collect the debt from a former bank client.

From a legal point of view, the phrase “debt sale” sounds illiterate, but it is quite effective for borrowers who hear it. Often in such a situation, collectors demand from debtors an even larger amount of money than was necessary to deposit into a bank account to repay the loan, which is a violation of the rules.

Answering in more detail whether a bank can sell a debt to collectors, let us turn to Article 382 of the Civil Code of the Russian Federation. According to what is described in it, the creditor actually has the right to transfer the debt to another person under an assignment agreement concluded with him. The debtor's consent to this action is not required unless otherwise provided in the loan agreement between the bank and the borrower. It turns out that if the contract contains a ban on the assignment of debt, then the sale of debt may be considered illegal, but there are many “pitfalls” here and proving the illegality of the transaction will be very problematic.

We also note that according to Law No. 230-FZ, which came into force at the beginning of 2017, a collection agency must be officially registered in the state register as a legal entity with the main activity of collecting overdue debts. (details about that here). If you haven’t found your new lender on this list (open access), then you can safely stop even talking to him. There is a high probability of becoming a victim of fraudsters, because by paying to an unknown company, you are not released from your real obligations to the bank or microfinance organization.

What debts can be sold to a collection agency?

“Trading” of citizens’ debts is not used in all lending segments. As a rule, banks get rid of debts on loans of the following categories:

Consumer loans without collateral.
Credit cards with overdraft.
Loans with a balance of up to 300,000 rubles.

Bankers are more willing to sell small debts to collectors, because... It is simply not profitable for them to deal with them, and legal proceedings are unnecessary troubles and additional costs for the bank.

Know that if the borrower makes some payments at least occasionally, the banking organization will not sell such debt to special agencies. But a debt exceeding 3-12 months (depending on the lender’s policy) is a signal for the bank for further more serious actions.

It is simply necessary to get rid of debts to credit institutions, because... they have certain obligations to the Central Bank of the Russian Federation. Reporting on a number of indicators, including the amount of overdue debt, banks have a high probability of losing their license if they have high levels of debt from problem borrowers.

Obligation to notify the borrower about the sale of debt to collectors

We found out whether banks have the right to sell debts to collectors - this action is not prohibited by law, but who should notify the borrower about this, the bank or the collector? Having sold the obligations of their client, banking organizations, according to the assignment agreement, are obliged to notify him about this in writing, which is justified by Art. 382 of the Civil Code of the Russian Federation. Most creditors do just this, but often debtors learn about what happened directly from the collectors themselves. Ideally, both parties to the agreement should issue the relevant document.

In essence, there is no significant difference who reported first, but remember that, based on Art. 385 of the Civil Code of the Russian Federation, you may not fulfill the demands of the new creditor until you receive official evidence of the sale of your debt.

Debt owner verification

So, before you worry that your bank has sold the debt to collectors, let's first look at how the borrower can find out about this if no messages have been received from the banking organization (for example, SMS, phone call or registered mail):

Notification methods	Description, actions of the debtor
Letter from a collector	Typically, the demand letter to the debtor will indicate how the debt collector is related to your debt (the services of an intermediary or a direct sale of the debt). There must be a link to documents, such as an agency agreement or assignment agreement. If there is nothing like this, it is better to call back and clarify the details.
Phone call from a collection agency	If collectors start calling you, immediately ask on what basis. They are required to provide you with evidence of the sale of the debt in writing.
Your bank account is closed	Sometimes a debtor, having decided to pay the debt in part or in full, finds out that his account is closed. This may indicate that the debt has been sold or the bank has filed a lawsuit against the borrower

Step-by-step instructions for the debtor

Situations such as banks selling debts to collectors cause panic and confusion among most debtors. The methods of influence of collectors on people are already known and they differ significantly from communication with bankers. Often, the activities of debt collectors appear immoral and even illegal, which should be immediately reported to law enforcement agencies.

So, you found out that the bank to which you owed money sold your debt to collectors. Now the question arises, what to do next? We will try to reassure you - nothing criminal happened to your debts. The total amount of debt, including penalties, fines and interest, should remain the same. In this case, the law comes to protect the debtor (Article 384 of the Civil Code of the Russian Federation). A suddenly increased debt when it is transferred to collectors is an illegal phenomenon; you are not required to pay additional payments for collection “labor”. And now step by step:

Ask for a copy of the document selling your debt to debt collectors. Don't pay anything before. Here you can see a sample of an official request -.
Find out from the bank the exact amount of your debt with a breakdown (interest, interest, penalties, fines, etc.) by ordering a special certificate.
Collect all loan documents in one place: agreement, payment receipts, payment schedule, etc. You will need such a package for competent communication with agency representatives or, if necessary, to contact lawyers, as well as if the case goes to court. Note that collectors do not always go to court, and completely hopeless dogs are often written off after the statute of limitations has expired.

If you have the assignment agreement in your hands, you are convinced of the legality of the sale of your debt and the fairness of the collectors’ demands, then you can make payments using new details.

Features of the debt assignment process

If any clauses of the assignment agreement seem illegal or incomprehensible to you, contact a qualified specialist - a lawyer, lawyer. It is not necessary to go to a paid specialist at your place of residence; you can ask a question on a specialized legal portal on the Internet. Only as a last resort should you go to court. If, when applying to the judicial authorities, it is proven that the assignment of debt was carried out on illegal grounds, the bank will again become your creditor.

Remember, a legal creditor-collector is obliged to comply with Russian legislation, which limits it in many ways, namely:

Collectors have the right to call debtors from 8 a.m. to 10 p.m. on weekdays, and on weekends from 9 a.m. to 8 p.m.
It is prohibited to disclose information about the debt of the person being collected to third parties (colleagues, friends, neighbors, etc.).

If documents for the sale of debt are not provided

It is worth considering another feature in the topic, whether banks can transfer debts to collectors without providing the debtors with any evidence of their joint transaction. For example, you received a telephone notification from a collector that your debt had been sold, after which you immediately demanded official confirmation of this, but no one was in a hurry to fulfill your request. Letters and intrusive calls continue.

We explained above that under such circumstances, no one needs to pay anything, because it has not been proven whether your bank actually sold the debt to collectors. What to do next? You can just wait patiently, and after 3 years from the date of sale of the debt, according to the collector, you will be able to file a claim to write off the debt due to the statute of limitations.

But this does not mean that one should deliberately “evade” one’s obligations, although on the other hand, who prevented claimants from proving their rights and powers legally? And yet, creditors most often win such cases. We do not recommend that you resort to trickery. If you are really getting pestered with calls, you can install the “Anti-collector” program; if your collector has become a permanent “guest” - do not open the door for him, but one way or another you will have to pay sooner or later, and the longer you delay this process, the higher it will become your duty, and problems in a moral sense will only increase.

Domestic banks began selling their own clients’ problem loans to third parties on a large scale relatively recently. Such a step has a number of advantages for financial institutions, not the only ones of which are the possibility of a guaranteed return of part of the issued funds and improved performance indicators.

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But for borrowers, such actions cannot always be clearly classified as positive.

General information about collectors

Intermediation services for the collection of problem debts began to emerge simultaneously with the rapid growth of the consumer lending market. Banks were faced with the problem of non-repayment of issued loans, and working with each debtor individually took quite a lot of time.

In addition, the bank's credit department employee, who is responsible for issuing and monitoring loans, has other tasks besides sending reminders and making phone calls to defaulters.

Collectors are separate agencies whose specialization is to find debtors if they are hiding from the creditor, and to help him repay the debt as quickly as possible.

The legislation provides for a limited list of methods of influencing unscrupulous borrowers - these are telephone calls at certain times, mailings and personal visits.

But many collectors do not disdain harsher methods of influence - visits to employers and relatives of the debtor, threats or very frequent reminders about the need to repay the debt, including at night.

Recently, the activity of so-called anti-collectors has even become popular - specialists, including in jurisprudence, who help borrowers protect themselves from unlawful actions of collectors.

Although many collectors officially operating on the territory of the Russian Federation do not use illegal methods of work and carefully protect their own reputation.

Such organizations are members of specialized associations and associations, and the borrower can always study detailed information about their activities.

In what cases can a debt be sold?

First, you need to identify which debts banks prefer to sell to collectors. As a rule, problem debt is subject to sale - loans for which the last payment was from 3 to 12 months ago.

If the borrower has delayed the next payment for a period of 1 to 3 months, then the bank prefers to work with him independently. It is unlikely that this will be a willful defaulter and, most likely, after several reminders, the client will return the loan or begin to repay it regularly.

But long-term overdue loans will require systematic work with the debtor, for which the bank, as a rule, does not have time.

Lenders prefer to sell debt if its size begins to exceed acceptable standards or before selling the bank itself to investors.

In any of the options, after the debt is sold, the bank's financial performance improves, despite the lower cost of the sold portfolio of overdue loans.

In practice, there are several very obvious reasons why banks try to sell off bad debts:

Improving financial performance indicators. Every loan that is not repaid on time is reflected in the bank’s statistical indicators and changes them far from the best.
Selling debt, even taking into account the coefficient, is much more attractive than writing off such loans as bad.
Savings on litigation and lawyers' fees. Preparing and submitting documents to the court, as well as conducting the case until the loan is repaid, takes a lot of time and money.
To do this, you need to have a large staff of lawyers, which is not always justified from an economic point of view.

Does the bank have the right to do this?

Domestic banks, according to Russian legislation, have the right to sell debt only if it is overdue for 3 months or more.

According to the law, if the borrower took out a loan before July 1, 2019, then the bank does not have the right to sell the debt it has incurred, unless otherwise specified in the agreement with the client.

Consumer loans issued after this date, namely the overdue debt arising on them, can be sold to collectors even without a corresponding court decision.

Given the above, there are several ways for borrowers to avoid selling their debt to third parties:

You should not ignore, let alone intentionally avoid, communication with a bank credit manager who reminds you of an existing debt.
It is necessary to carefully assess your own financial capabilities and indicate the actual date and amount of repayment of the next payment or the entire debt;
make the most of the possibility of debt restructuring, if present in the terms of the loan agreement.
Ultimately, selling debt to collectors will be unprofitable for the bank and it is preferable for it to make some concessions to the client and eventually receive the loan debt in full;
at the stage of signing the loan agreement, study its terms for the possibility of assigning the debt in the future.

What to do?

The only positive aspect of selling a client’s debt to collectors is that the accrual of penalties and interest in such a turn of events stops.

From this moment, the amount of the client’s debt is fixed, and then the collectors begin systematic work to return it.

If the fact of debt sale itself does not cause legal disputes, then such actions can be protested only in cases where the activities of debt collectors grossly violate current legislation.

Examples of such violations are as follows:

calls to the debtor outside the period from 8:00 to 22:00;
personal visits at night and after hours;
collectors' appeals to the client's employers or his relatives;
facts of disclosure of bank secrets by collectors, in particular information about the amount of debt, to other persons - relatives, employers, neighbors, etc.;
threats, intimidation, extortion.

Before deciding what to do if the bank sold the loan debt to collectors, the client needs to make sure that the assignment was carried out in compliance with all requirements.

Official confirmation can be obtained both from the creditor and from the collection agency, which received such a right.

This may be a copy of the agreement on the assignment of rights or another document. It would be helpful to get help from third-party lawyers, whose consultation will help identify all the nuances of the transaction and its legality.

Even if the sale of debt to collectors has taken place, it is advisable for the borrower to repay the debt as quickly as possible, since collectors will most likely not leave him alone.

When working with debtors, they behave much more aggressively than bank managers and will seek repayment until a positive result is obtained.

How do banks sell?

Collection agencies cooperate with banks under various schemes.

Most often, the interaction algorithm is of two types:

The creditor bank engages collectors to return customer debt without assigning the rights to collect it.
After completing his work, the collector receives a reward from the creditor.
Sale of debt to a collection agency. The parties agree on the value of the debt portfolio by applying a certain ratio.
After the debt portfolio is sold, collectors have the right to demand repayment of the debt from the bank's borrower clients in their favor.

When selling a debt portfolio, the creditor bank selects clients’ credit files that meet the terms of the transaction, for example, consumer loans in a certain amount with an overdue period of 3 months or more.

In this case, all the client’s financial information regarding the debt, as well as the clients’ contact information for further work, is transferred to the collection bureau.

How long does it take?

Much depends on the state of the debt portfolio, as well as on the agreements of the parties.

The quality of the debt portfolio is of paramount importance, since a large number of potentially bad loans can scare off buyers from collection bureaus and the lender will spend a long time looking for buyers for it.

Also, the speed of transfer of rights to claim debt is influenced by some technical factors: the completeness of available information about borrowers, agreement on the procedure for transferring information and agreement on the cost of the transaction.

A bank borrower, if he has not paid the loan for a long time, can find out about the assignment of rights to claim the debt in various ways.

Most often, signs of such a transaction are:

notification from the bank about the sale of the client’s debt to third parties, indicating the name and details of the collection agency;
a notification from the collection bureau itself that it has the right to demand repayment of the debt under the agreement of assignment of rights;
when trying to repay the debt, the bank reports that the account is closed and refuses to make payment according to a pre-established procedure;
indirect factors - calls from collectors without the prior notifications described above.

Whom to pay?

After selling the debt to collectors, its amount must be recorded in the appropriate document.

Until the official confirmation of the assignment of rights to claim the debt, the client is obliged to pay exclusively to the creditor.

Where to complain?

If any problematic situations arise with the assignment of debt, the borrower can and even should prepare an appeal to one of the following authorities:

OBEP - if there were facts of threats with simultaneous extortion from collectors.
Prosecutor's office.
Within the framework of credit legal relations, quite often a situation arises in which a bank can decide to assign the right to claim a debt - to sell the debt, as they say in everyday life. As a rule, this is due to the formation of a significant delay in the fulfillment of obligations by the borrower or the presence of grounds to believe that the debtor is not able to repay the debt. But what to do if the bank sold the loan debt to collectors?

Despite the fact that it is often unprofitable for banks to enter into an agreement for the assignment of the right of claim (assignment agreement), they consider this option as the only possible one for receiving at least some part of the profit, and in some cases, compensation for at least part of the losses from non-repayment of the loan. In most cases, banks and microfinance organizations resort to concluding an assignment agreement as a last resort, but against the backdrop of a serious increase in bad debts in the credit and financial sector of Russia, this measure began to be used more and more often, mainly for consumer unsecured loans.

Is the bank authorized to sell a debt to a collector?

The right to conclude an assignment agreement is provided for by civil law. It cannot be limited by anything other than the law and the terms of the agreement that gave rise to the requirements that are the subject of the assignment agreement.

In the context of consumer lending, the bank has the right to assign the debt:
- To another bank or other organization if the latter has a banking license. In this case, the presence in the lending agreement of a condition regarding such a right of the bank is not necessary.
- To another person, including a collector, but only if there is a provision in the lending agreement allowing the assignment of the right to claim the debt. The legality of such actions on the part of the bank is confirmed not only by the current legislation, but also by the judicial practice of the Supreme Court of the Russian Federation.
Since banks rarely buy out problem debts of borrowers from other banks, as a rule, we are talking about selling the debt to third parties, and usually they are collectors.

The right of a bank to enter into an assignment agreement has nothing to do with the presence or absence of the debtor’s consent. The only exceptions are cases when such a condition is expressly stated in the loan agreement, and this is extremely rare. If, nevertheless, there is such a clause in the loan agreement, then in the absence of the borrower’s consent, the bank does not have the right to assign the debt to another person. The deal will be illegal.

Recently, banking lawyers have been very scrupulous in preparing loan agreements, even standard ones or concluded in the form of an accession. The agreements not only stipulate that the bank has the right to assign the debt without the borrower’s consent, but also legally impeccably formulate the provisions regarding the transfer of the debtor’s personal data under the assignment agreement. In this case, judicial experience comes into play. If once borrowers could quite effectively challenge assignment agreements concluded by banks with collectors, using numerous gaps and vague wording of loan agreements, today such practice is rare. A kind of legal insurance for banks when concluding lending agreements is a more detailed consideration of the conditions for a possible assignment of the right to claim debt, including fixing clauses that, by agreeing to which when signing an agreement, the borrower often significantly limits his rights.

There are some restrictions regarding the bank’s freedom of action when concluding assignment agreements:
- Rights are transferred exactly to the extent to which the bank received them under the loan agreement. That is, the collector cannot demand more than the bank could demand while remaining a creditor. Specific powers must be specified in the assignment agreement.
- The assignment agreement can be concluded exclusively in the form in which the lending agreement was concluded. This is usually of fundamental importance in the case of a mortgage, as well as in all cases where the loan agreement is concluded in written notarial form.
In most cases, the borrower learns about the sale of debt from collectors. In principle, the bank is not obliged to report the assignment of the right to claim the debt, since it is considered that by concluding an assignment agreement the rights of the borrower are not violated, and he knew about this possibility in advance when signing the loan agreement. However, in some cases, notification of the assignment of debt may also come from the bank.

Be that as it may, the borrower has to base his further actions on an already accomplished fact:
1. You should not immediately take calls and requests from a collector with hostility. You should get as much information as possible in order to analyze the situation and understand how to proceed. For this purpose, contacting a bank will also be useful. When interacting with collectors and the bank, it is necessary to copy and save all correspondence. It is advisable to record calls from collectors on a voice recorder.
2. When communicating with the bank and the collector, you should definitely clarify on what basis the latter act. Quite often, collectors announce debt repurchase, believing that such an argument will have a stronger effect on the borrower, although in fact there is only an agency agreement, and the collector simply provides debt collection services to the bank.
3. Read the loan agreement carefully. If it does not contain a provision allowing the bank to assign the right to claim the debt, the borrower has the right to appeal the assignment agreement.
4. An appeal against the assignment agreement is also permissible if such a right of the bank was nevertheless provided for by the loan agreement. However, it is necessary to understand that the trial will require financial expenses, possibly very serious ones. Costs must be justified. Since it is unlikely that anyone will provide the borrower with an assignment agreement for review, it will not be possible to rely on its provisions when filing a claim. The situation requires an in-depth analysis with the involvement of a credit lawyer. Reasonable grounds for filing a claim may be considered to be the grounds for the collector to overestimate the volume of claims compared to the bank’s initial claims or for issuing new (changed) claims, for example, regarding deadlines for fulfilling obligations or payments for some additional services.
5. It doesn’t always make sense to somehow influence the development of the situation. In fact, to pay off the debt, it doesn’t really matter to whom it is paid - to the bank or to another person. The main thing is that the demands of collectors should not indicate that they exceeded their powers or abused their rights. If there are no funds to repay the debt, many lawyers recommend not complying with the demands of debt collectors and declaring their intention to resolve all issues regarding the debt in court.
6. Litigation is not the worst prospect. With the right approach, at a minimum you can:
- to obtain the assignment agreement for study by the defendant (borrower), and therefore have the opportunity to find grounds for appealing it;
- challenge the claims made by the collector (in whole or in part);
- receive an installment plan (deferment) for debt repayment in accordance with a court decision.
1. Any threats, insults, or humiliations from debt collectors are a reason to contact the police. Obtaining the right to demand a debt does not mean that it is permissible to use illegal measures of influence.
The conclusion of an assignment agreement by the bank does not relieve the borrower from bearing all obligations under the loan agreement. Only the beneficiary changes. After the assignment agreement comes into force, all payments under the lending agreement are required to be sent to the new entity - in this case, the collector.

1. My husband lived in 3 rooms. kv with parents and two brothers since 1971. At the time of privatization in 1992, he was in prison and refused to privatize this apartment; after his release in 1997, he was assigned to this apartment. In 2003, my father died, in 2005 my middle brother died, and in 2008 my younger brother died. In 2003, my husband renounced his father’s share of the inheritance in favor of his mother, because he was sure that everything would go to his younger brother, who lived with his mother and participated in the privatization. In 2007, the ex-wife of my middle brother persuaded my mother to issue her a deed of gift for the apartment in which my husband was registered, this fact was hidden from my husband, and after the death of my younger brother in 2008, we moved into the apartment, made repairs, and paid for utilities. But the happiness was short-lived. Bank collectors began to pursue us to collect debts. From them we learned that the apartment did not belong to our mother, but belonged to the ex-wife of our middle brother. This hell lasted for about a year, after which we went to the apartment. In 2019, in order to pay off the loan debt, she decided to sell the apartment, for this purpose she ordered my husband out of the apartment through the court, without informing me that she was signing her out, and hid the fact of her refusal to privatize. The court decided to discharge and deregister. They found out about this 1.5 months after the trial. My husband is 57 years old, there is no other home and retirement is not far off. Can he retain the right to use this apartment and permanent registration in it? Thank you in advance.

Sergey Yuny Barmaleikin, 15864 replies, 854 reviews, online since 10/25/2011
1.1. You have to go to court, restore the deadlines for appealing the court decision on deregistration. However, even if the registration is restored, he has the right to live in the apartment and register his one-year-old child there and live with him in the apartment, but his wife does not.

2. The situation is as follows: I found out about a sudden debt arising under a loan agreement on the bailiffs’ website. The loan agreement dated July 2008 expired in July 2012, then it was sold to collectors, which I only found out today, since the collection agency received a court order from the magistrate in July of this year, on the basis of which enforcement proceedings were initiated in Volgograd region, I live in Moscow, but have not been registered in the Volgograd region since 2014.
I just happened to be visiting on vacation in this very place, in order to avoid negative consequences from the FSSP, I decided to visit the local branch and get a copy of the writ of execution and a copy of the court order. As soon as I received the required documents, I went to the local branch of the Magistrate’s Court, where a court order was issued in my case, I explained to “my” magistrate that I learned about my “debt” on the FSPP website, that I did not receive anyone a notice to appear in court at the meeting in June 2019, since she had been registered/registered in another region for more than five years, and that she did not agree with the court decision and the debt stated in the claim under the ancient loan agreement, she agreed with my arguments, and I wrote a statement to restore the term and to cancel the court order, the application was accepted, registered, and a copy of acceptance for consideration was received. I will be notified about the court hearing, examined in my absence and sent a “verdict” to the registration address.
Afterwards, I foolishly took a copy to the bailiff service, and literally an hour later the bailiff wrote off the last 3 thousand rubles from my bank card, the card is now blocked by the bank until they write off all the money to pay off the debt, although I asked the bailiff not to take any action until new court decision.
Question: after canceling the court order and canceling the enforcement proceedings, can I apply the statute of limitations for this penalty and at what stage, when canceling the court order at a court hearing, or can this only be done in a higher court on my claim, or wait for the next a claim from a collection agency in a higher court, and then try to apply the statute of limitations, and is this possible in my situation.
And didn’t the bailiff interrupt the statute of limitations by withdrawing 3,000 rubles from my card to pay off the debt, because I personally did not transfer 3,000 to the account? Could this be subsequently regarded as my actions to acknowledge the debt?
Thank you!

Lawyer Kabanin S.V., 80 answers, 46 reviews, on the site from 10/15/2019
2.1. After canceling the court order, you can write an application to reverse the court decision. Based on this decision, the claimant will have to return the funds collected in his favor.
If, after the court cancels the order, the claimant asserts his claims in the lawsuit, you can file a petition to skip the statute of limitations if it was missed at the time the court issued the order.

3. Collectors call my husband, allegedly asking for some kind of debt of 50,000 rubles, when asked to send documents, a loan agreement, a printout of transactions, and so on, they say go to the Bank, we won’t provide anything, well, the husband says I’m ready to pay the debt if you provide me with the documents, if there are no documents, I won’t pay for anything, they regarded this as a refusal to pay the debt, but we didn’t refuse, we were just wondering what kind of card we weren’t holding and in our hands, but the debt appeared. The card was allegedly taken in 2013, the debt on it was 14,000 rubles, there was a court case regarding the loan in the same bank and about this card it was also said that there was no debt on it. The loan was repaid after the trial. Today they call and say they won’t go to any court, but will give us a heavenly life with raids by collectors if we don’t pay the debt, my husband doesn’t have a recording of the conversation on his phone, next time we’ll record everything on loudspeaker. How to force them to go to court because the solution here is only through the court because they don’t have documents.

Lawyer Bogolyubov A. A., 19237 answers, 12726 reviews, on the site from 07/22/2017
3.1. You can write an application to provide a copy of the documents, and in case of refusal, file a claim in court for coercion. The statute of limitations has long expired and let them go to court. You don't need to pay anything.

Lawyer Kriukhin N.V., 157614 answers, 69086 reviews, on the site from 07/14/2011
3.2. Hello.
1. Contact the nearest police station to report extortion.
2. Contact the Office of the Federal Bailiff Service in your region with a free-form complaint against debt collectors.

Lawyer Kugeiko A.S., 86,702 replies, 38,690 reviews, on the site since 12/05/2011
3.3. Hello,
You don't need to pay anything. Send debt collectors to court or simply ignore them. If they threaten your life and health, file a police report.
I wish you good luck and all the best!

4. My cohabitant has had permanent registration in the Kashira municipality for more than a year and temporary registration there for 3 years before that; accordingly, she has been living in Kashira for more than 4 years. Previously she was registered in the Penza region, Serdobsky district. Some kind of debt was discovered for some kind of loan from 2009 (we don’t know what kind of bank or collector it is, relatives at the former place of registration simply threw away the letter, they only remember the year of the loan - that’s how relatives are). COURTAL DISTRICT No. 3 OF THE SERDOBSKY DISTRICT OF THE PENZA REGION made a decision dated June 14, 2019 on debt collection (we didn’t know about the court at all, no summons came (it is known for sure because the address of the Defendant by the Plaintiff was specifically submitted to the court incorrectly, so that the defendant could not come to court and defend your rights, by the way, the letter with the decision reached the relatives at the place of their former registration by accident only because a postal worker by name knew where to look for relatives at other addresses because he was personally acquainted) Through the FSSP of Russia service, we found out that there was a trial on 06/14/19, that enforcement proceedings were started on 08/23/19. It’s already been a month... Is it possible to somehow file an appeal now, since a month has passed since the trial, and if so, where to file: in KASHIR MO or go to place of former registration? The statute of limitations on the loan has clearly passed and did it exist at all? Answers and calls are possible around the clock. Thank you.

Lawyer Panfilov A.F., 50202 answers, 24690 reviews, on the site from 09/20/2013
4.1. Cancel the court order immediately. Here's the order.

4.2. Hello, Alexander! To cancel a court order that has entered into force, it is necessary to send to the court that issued the order a petition to restore the deadline for filing an objection regarding the execution of the court order and an objection regarding the execution of the order. The petition can refer to a violation of the rules for the provision of postal services, as well as indicate the reasons why the judge had no reason to issue an order, there are many of them. Then the order will be cancelled.

Lawyer Sokolov D.G., 142223 answers, 33009 reviews, on the site since November 23, 2008
4.3. You need to obtain this judicial act from the court itself and consider the possibility of appealing it. You yourself write that it was issued by the judicial district of the Serdobsky district of the Penza region, therefore, it could not be issued either in Kashira, or in Sakhalin, or in Kaliningrad. And it was handed down only by this judicial district No. 3 of the Serdobsky district of the Penza region. This means that you need to get it there and appeal there... not in Kashira... not in Tver...
So here it is.
There are the following options for directly appealing:
- a court order, you must receive it and submit an application for its cancellation on the basis of Art. 128, 129 of the Code of Civil Procedure of the Russian Federation, within 10 days from the date of receipt, if necessary, with the restoration of the period in accordance with Art. 112 Code of Civil Procedure of the Russian Federation
- a court decision in absentia, it must be received and an application for its cancellation must be submitted within 7 days
A court decision in absentia is subject to cancellation if the court determines that the defendant’s failure to appear at the court hearing was caused by valid reasons that he was unable to inform the court in a timely manner, and in this case the defendant refers to circumstances and presents evidence that may affect the content of the court decision. (Article 242 of the Code of Civil Procedure of the Russian Federation)
- a court decision not made in absentia
In this case, it is necessary to appeal it on appeal (Articles 320, 321 of the Code of Civil Procedure of the Russian Federation), with the restoration of the period for appeal (Article 112 of the Code of Civil Procedure of the Russian Federation). You must go to court with an appeal and an application to restore the deadline no later than a month from the day you officially learned about the court decision (for example, you received it in your hands)
Contact a lawyer for competent work in court, including contacting one of the people who answered your question.

After the court order is canceled, you can send an application to the court to reverse the execution of the court order to return the funds withheld from you.
The consequences of missing the limitation period in writ proceedings do not apply.

10. A court decision was made to pay the debt to the bank. All payments to the bailiffs were made, after which the collectors called and said that I still had a debt on interest, which was canceled by a court decision! Are their actions legal? What to do in this case?

Student Kaplanovsky A. S., 101 answers, 65 reviews, on the site from 08/26/2019
10.1. Good evening, ordinary scarecrows, they have the right to collect from you only in court through the bailiffs, the rest who bother you, you don’t even have to listen, if the collectors bother you, you can contact the police, because their powers are limited in accordance with Federal Law No. 230.

Lawyer Alekseev A. N., 2626 answers, 1625 reviews, on the site from 03/16/2019
10.2. Write a statement to the FSSP if they are collectors, since they are supervised by bailiffs. If they threaten, contact the police.

11. After the court decision, the collectors are asking for the collection of penalties under the same agreement; the debt was also resold to more than one collection agency and the loan itself is already more than five years old.

Lawyer Lukina A. A., 143 answers, 76 reviews, on the site from 08/23/2019
11.1. Hello.
After the court decision enters into legal force, the collectors' demands are illegal. Debt collection is carried out through the bailiff service.

11.2. Hello, Mikhail!
If you have a court decision that has entered into legal force, then you can simply ignore the collectors and pay the debt through the bailiffs.

Lawyer Kovresov-Kokhan K.N., 11275 answers, 5008 reviews, on the site from 03/17/2019
11.3. Formulate your question more specifically so that lawyers can answer it competently.

12. The situation is this. I had credit card debt. By court decision, the bailiffs withheld everything from me. After some time, collectors began to call and demand to pay some more interest (they did not buy it, but represent the interests of the bank). When they answer my questions about where and how they don’t answer, they say contact the bank. Afterwards I refused to talk to him on the phone. Now they started calling for work. In this regard, I have a question: how can I remove my work number from the contacts of the bank and collectors? Thank you.

Lawyer Boldyrev R.I., 3997 answers, 2251 reviews, on the site from 07/26/2017
12.1. Hello!
You need to send an application for revocation of personal data to the bank and collectors.

Lawyer Kukovyakin V.N., 10320 answers, 6739 reviews, on the site from 11/16/2017
13.3. Hello, Igor Viktorovich!
Whether it is legal or not is difficult to say without having the decision itself in front of your eyes. However, given that it has already entered into force, it will be quite difficult to cancel it. Please clarify one more thing: is this a decision or a court order?

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
13.4. Hello Igor Viktorovich! To cancel a court order that has entered into force, it is necessary to send to the court that issued the order a petition to restore the deadline for filing an objection regarding the execution of the court order and an objection regarding the execution of the order. The petition can refer to a violation of the rules for the provision of postal services, as well as indicate the reasons why the judge had no reason to issue an order, there are many of them. Then the order will be cancelled.
After the court order is canceled, you can send an application to the court to reverse the execution of the court order to return the funds withheld from you.

14. Let me try to describe the situation again. My father was the guarantor for the loan. I received succession. The bank sued jointly to collect and won. After the court's decision, the debt was sold. And now my bailiff has the amount of 80,000, I met with the bailiff of the main borrower, he has a different amount of 57,000 and the main borrower pays according to the plan. The collectors who bought the debt under the assignment agreement did not go to court, and the money goes to the bank and then to the collectors. And the debt collectors show the balance of the debt is 14,000. What to do in this situation, the bank does not give certificates, sends them to the collectors, and the bailiff does not accept a certificate from the collectors, he says there is no reason.

Lawyer Bychkov A. N., 49 answers, 25 reviews, on the site from 08/06/2019
14.1. If the writ of execution is with the bailiffs, pay the bailiffs or the bank; you don’t have to talk to the collectors at all. Bring the bailiff the assignment agreement and receipts (if any) from the collectors. Find out from the bank whether there is an assignment agreement with collectors. Meet with the main borrower, find out what his debt balance is, and have him get a paper from your bailiff about the debt balance. Take the above paper to your bailiff.
Joint and several liability is one of the types of civil liability of debtors. Joint liability arises when the subject of the obligation is indivisible, joint infliction of harm, etc. and represents the joint liability of a group of persons who have accepted the obligation.
In case of joint and several liability, the creditor has the right to make a claim for performance, and therefore liability, both against all debtors jointly and against any of them separately, both in full and in part of the debt. A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the remaining joint and several debtors. If a creditor makes a claim against one of the debtors, the remaining debtors are liable to the debtor who satisfied the creditor's claim in equal shares, unless otherwise provided by law or agreement.
A party that has paid an amount in excess of that party's share of liability has a right of recourse against the other parties.
In some cases, joint and several liability is provided when the contract does not provide otherwise. Thus, under a surety agreement, the debtor and the surety are liable to the creditor as joint and several debtors, unless otherwise provided by the surety agreement. The parties to such an agreement may establish other responsibilities.
In case of joint and several liability, for example, if the main debtor has a debt of 100,000 and 10,000 was collected from him, from the guarantor 8,000, then a debt of 82,000 remains. It is necessary to coordinate the bailiffs to determine the balance of the debt and the collectors (if they are not scammers).

15. In 2014 I took out a loan from a pro-business bank, in 2015 the branch was closed, everyone disappeared. In 2018, a bunch of papers arrived from some collectors for a debt of five and a half million, after which a couple of months later a local court decision without my participation with a debt of one and a half million. Then the regional court terminates IP Article 46. And today, more than a year later, the debt again comes in at one and a half million. What to do?

Lawyer Kudrin O. E., 15129 answers, 8098 reviews, on the site since 03/20/2015
15.1. Good afternoon.
In order to accurately answer your question and help you, you need to know the details.
What does debt mean? From whom does it come?
Contact a lawyer on our website personally, explain everything in detail, and he will provide you with legal assistance.

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
15.2. Hello Denis! It was not the collectors who went to court, but the DIA. To answer your question accurately, it is necessary to study the case materials. At a minimum, you can reduce the amount of debt, and at best, write it off altogether.
"How to win a lawsuit against a bank over a loan"
"How to win a lawsuit against a bank over a loan - a case for 5.6 million rubles."
"How to cancel a court decision in a case of debt collection under a loan agreement"

16. After the trial, the bank sold the debt under an assignment agreement to collectors in 2012. All debt obligations to collectors were repaid in 2016. Now the bailiffs have seized the debt by a court decision in favor of the bank. The court's ruling on replacing the party was not received. Who is to blame and what to do?

Lawyer Datskevich K. E., 11,000 answers, 7,296 reviews, on the site from 07/02/2018
16.1. Cancel the court order or court decision by restoring the deadline for filing an application to cancel the court order, then in the lawsuit proceedings insist on the termination of the case due to the fulfillment of the obligation.

Lawyer Khamitova N.V., 1055 answers, 652 reviews, on the site from 03/12/2018
16.2. On the FSSP website, look at the basis of which court decision the arrest order was made. Most likely, this will be a court order that can be canceled within 10 days from the moment you become aware of its existence.

27. Back in 2013, I took out a loan from Tinkoff Bank in the amount of 5,000 rubles. I paid, I paid, then I quit because... % never decreased. 6 years later, Phoenix collectors remembered me and filed a lawsuit. I did not receive any summons or letters from them. Quite by accident, I found out that I already had a writ of execution (in the amount of 14 thousand) on the FSSP website. I contacted the bailiffs, it turns out the trial took place back in January! I went to court with two applications: to cancel the court decision and to renew the deadline, they answered that within two weeks they could summon me to a hearing.
I need your help in asking how I can correctly answer the judge that I am not satisfied with the penalty and is it possible to operate with statutes of limitations here (specifically, according to the contract)?
We've been saving up % for six years and now we've woken up! Of course, I’m ready to pay (well, at least the amount is not large), but I somehow don’t want to overpay. And yet, the bailiffs, the next day after my appeal, they sent a card to the registration address, which indicated that I should appear to them, with a receipt of payment of at least 1000 rubles! How can I have an “intelligent” conversation with the bailiffs on this topic? I suspect - if I had not come to them myself - I would have found out about IL after the fact, when I would have already been sent to work, to deduct from my salary.

Lawyer Vozny E.V., 2072 answers, 1257 reviews, on the site from 10/18/2018
27.1. Hello, how do you justify your request to note the court’s decision in your application?

Lawyer Orlov V.V., 296 answers, 180 reviews, on the site from 07/10/2019
27.2. Dear Svetlana Sergeevna! Yes, your situation is difficult, but your question goes beyond free consultations. Any work should be rewarded, and the work of a lawyer too, do you agree with me?

28. The loan is overdue for about 10 years. At the moment I saw a debt in the lists of debtors on the FSSP website in the amount of 20,400. About unpaid credit payments. Paid. After which they blocked my cards and began to write off sums of money. Then they received an SMS that the debt was not repaid in full, then a man called and introduced himself as a collector and said that I owe an amount close to 1,000,000, but he will make concessions since his organization is paying off the debt and they will write off all the penalties and I have to sign some papers with him about paying off a debt of already 100 thousand. That is, after filing and a court decision about which I didn’t even know, I fulfilled their conditions and still have to pay, or they still sue for the remaining amount. What should I do?

Lawyer Plyasunov K.A., 145,007 answers, 35,783 reviews, on the site since 02/26/2013
28.1. Hello.
Go to court and appeal the court decision.

Lawyer Ostroumov A.I., 550 answers, 145 reviews, on the site from 05/18/2015
28.2. Hello! In this case, the collector assumes that the agreement is supposedly still valid. The Supreme Court explained that this cannot be, since otherwise it would lead to the agreement not having a validity period.
Without a detailed study of the documents, I cannot fully and completely answer the question.
What matters is the date of conclusion of the contract, the payment schedule, the calm proceedings that took place, and the actions taken by the FSSP employees.

29. Took 2 loans from one bank in 13.14. Stopped paying after about a year. There was a default judgment in 2015. Now the collectors have come and say that I owe them. There is only an assignment agreement, I asked for court documents and they said the company's secret. After the default judgment, 4 years passed and no one bothered me. Should I even contact them?

Lawyer Kolkovsky Yu.V., 100658 answers, 46975 reviews, on the site from 07/05/2015
29.1. Collectors should never pay anything.

30. Tell me please. Is the judge right in ruling in favor of the collectors? ..I have been paying Tinkof Bank for more than 3 years. the last payment was September 2014. They filed a lawsuit in December 2017. The order was cancelled. They filed a lawsuit for a crazy amount. Which for some reason was formed from October to December 2014. The judge satisfies the claim after 3 hearings where only I was present. And he says wait, everything will be written in the decision.

Lawyer Molodtsov A. O., 242 answers, 202 reviews, on the site from 06/16/2019
30.1. You should have filed a motion during the process to apply the statute of limitations. Missing the three-year limitation period serves as an independent basis for refusal of the claim. If you had made such a request, the court in all likelihood would have rejected the claim.