Not all borrowers know about the existence of such a thing as a statute of limitations on a loan. In fact, it means the termination of the client’s obligations to the bank after a certain period of time. At the same time, it is extremely important to understand that this issue is quite complex from a legal point of view, and therefore requires either careful and thorough study, or inviting a professional lawyer for consultation.

What is the statute of limitations on a loan?

The legal term "statute of limitations" in the lending industry refers to a specific time period during which a creditor has the right by law to demand repayment of a debt. Before its end, the bank or other financial organization has the opportunity to go to court to collect unpaid amounts on the loan. Naturally, based on the definition of the term, one can draw a logical conclusion that after the expiration of the specified period of time, called the statute of limitations, the bank loses the right to demand repayment of the debt and apply to the judicial authorities in this regard.

How to correctly calculate the statute of limitations?

The main problem in the practical use of the limitation period is the discrepancy regarding the method of its correct calculation. On the one hand, the duration of the period under consideration does not cause any problems - it is three years. Difficulties begin when determining the starting point of these three years. At the moment, there are two main points of view on this issue:

• The countdown begins from the last transfer of funds to the account to pay off the debt. This is precisely the approach that some courts followed, as confirmed by actual judicial practice. However, there are solutions based on a different principle for calculating the limitation period;
• The three-year countdown begins upon expiration of the loan agreement. This calculation option is considered less accurate. This is explained by the fact that not all credit products have an expiration date, which, for example, credit cards do not have. At the same time, it is necessary to apply the same principles when considering all such cases. As a result, it is the first approach that is considered more correct and can be taken as a basis.

It should be remembered that there is a situation when the third option for counting the statute of limitations on a loan is used. It concerns the conduct of enforcement proceedings by the bailiff service. In this case, the countdown begins from the date of the last official contact between the borrower and the bank representative, documented.

Limitation period for personal loans

The concepts and rules for calculating the limitation period for loans described above apply equally to both individuals and legal entities.

Limitation period for loans to legal entities

The current legislation regarding the limitation period does not divide borrowers into individuals and legal entities. The only difference between them is that the bank files a claim against a legal entity in the Arbitration Court, and against an individual - in a court of general jurisdiction. However, this does not in any way affect the duration of the statute of limitations, which is three years, or the time at which it begins to count.

Which article regulates the statute of limitations?

The basic concepts and duration of the limitation period for all types of loans are contained in Articles 195-196 of Chapter 12 of the Civil Code of the Russian Federation. These articles provide a comprehensive definition of the term and clear rules for its interpretation.

Consequences of expiration

In practice, a situation often arises when the bank continues to demand repayment of the debt after the statute of limitations has expired. In such a situation, one of the most effective methods of influencing a credit institution is to invite an experienced lawyer. In most cases, he manages to convince bank employees without any problems that their demands are no longer valid under the current law, without even bringing the case to court. Otherwise, if you correctly calculate the statute of limitations, you can file an application with the court with almost 100% chances of winning the case, including subsequent compensation for all expenses incurred by the borrower.

Another way to avoid incessant calls from the bank is to request the withdrawal of personal data. This is also where the credit institution’s attempts to repay the debt usually end. However, it should be remembered that the absence of the need to repay the loan does not mean that the bank will not blacklist the borrower, which will ruin his credit history for a long time.

The role of collectors

Banks often turn to collection agencies for help in collecting debts. In most cases, collectors are absolutely not interested in various legal terms, including such a concept as the statute of limitations. In such a situation, the borrower must understand that the bank’s appeal to such “specialists” does not in any way affect the expiration of the statute of limitations and the termination of obligations to the credit institution.

At the same time, there is an extremely effective way to solve any problems that arise with debt collectors - filing a complaint with the police, and if they fail to act, with the prosecutor's office. This usually gives a quick effect, which means that the collection agency stops its completely illegal actions.

How to avoid problems?

In order to avoid potential problems, you must follow these fairly simple rules:

• the borrower's obligations to repay the loan terminate upon expiration of the statute of limitations, that is, three years;
• their correct counting begins from the moment of the last financial transaction under the loan agreement;
• in case of any illegal actions on the part of bank employees or collectors, you should immediately write a statement to the police and prosecutor’s office;
• If you need to prove your own case, you should contact a professional lawyer.

Of course, we should not forget another most reliable way to avoid problems with the bank - to make the payments prescribed by the contract on time and to repay the existing debt in a timely manner.

In accordance with Russian legislation, the bank has the right to claim the loan debt in court within a specified period. However, there are several nuances in the rules for calculating the limitation period. What you should be guided by when calculating it and what awaits you at the end of this period - read below.

Articles No. 196 and 200 of the Civil Code of the Russian Federation indicate that the duration of this period is 3 calendar years. After the expiration of the statute of limitations on the loan, any claims from the bank are considered unfounded. However, the law does not specifically define from what point the countdown should begin.

In legal practice, the following options for starting the claim period are provided:

1. From the moment of completion of official relations with the creditor, i.e. after making the last loan payment. This is true for credit cards issued under an open-ended agreement.
2. From the date of termination, i.e. at the end of the credit period.
3. From the moment the financial institution issues a request for early repayment of the loan. This can happen after 90 days of delinquency on your loan payments.

When making a ruling, courts can use any option. At the same time, in identical cases, the law is interpreted differently and court decisions differ. In any case, it is necessary to take into account that the claim period does not count from the moment the loan is issued.

If the client took out a loan and did not make a single payment, the bank has the right to claim in court the return of the entire amount. In addition, the debtor’s actions fall under Article 159.1 of the Criminal Code on fraud in the credit sector.

Since the law does not have a specific interpretation, the statute of limitations may be increased for the following reasons:

1. The borrower did not repay the debt, but maintained contact with the lender - visited the financial institution, answered calls and letters. If the bank provides evidence of this to the court, the claim period will begin from the moment of last contact.
2. The debtor applied for restructuring or credit holidays. In this case, the limitation period is calculated from the date of registration of the application or the end of the loan deferment.
3. The bank transferred the rights to claim the loan to collectors. The claim period is calculated from the moment of the last official communication between the debtor and the employee of this service.

If you set out to wait until the end of the claim period, you should not:

• make loan payments;
• answer calls and letters from the creditor;
• let bank employees into the house or.

Please note that creditors strive by all means to reset or extend the statute of limitations. You will have to prove the possibility of writing off the debt in court, since the bank will have a different opinion and corresponding arguments. It is advisable for you to seek the services of a competent lawyer and attend all courts.

When the claim period under the contract is completed, your loan obligations are no longer valid, and further claims by the bank are considered unfounded. You get rid of your loan obligations, so you no longer have:

• main debt;
• interest charges;
• penalties and fines for late payments.

If the bank or collectors continue to exert pressure, feel free to contact the police or prosecutor’s office. Keep the document on termination of the claim period certified by a notary with you so that you can provide it as evidence at the right time.

With such an outcome, there are also negative aspects. If the statute of limitations has expired and the bank was unable to settle the loan debt, the consequences for you are as follows:

• automatic entry into the blacklists of all banks. In this case, the information will be stored for 15 years;
• impossibility of obtaining a loan in the future due to spoilage;
• lack of chances to get a job in the banking sector.

If the loan was issued on collateral, then the expired statute of limitations does not exempt from obligations in relation to it.

At the end of the claim period, the bank has the right to expect compensation from you for the debt. Having received a refusal in court, the creditor can take the following actions:

1. Remind about the outstanding loan by calls or written notifications. To get rid of such claims, contact a bank branch and write an application for revocation of personal data.
2. Contact us to collect the debt, despite the expiration of the term. The court must accept this application for consideration. In such a situation, there is no need to panic. All you need to do is file a petition to apply the statute of limitations. To draw up such a document correctly, use the services of a lawyer. Please note that if you do not file a claim, the court may rule in favor of the bank. When the court did not take into account the fact of limitation, you have the right to file an appeal and then a cassation.
3. Sell ​​your debt to a collection company. Employees of such organizations strive to return the money in any way and often resort to harsh and illegal methods. You should not negotiate with them, sign any papers or agreements, otherwise you will create additional problems for yourself. If the actions of collection services involve threats or violations of your rights, contact the police or prosecutor's office.

Period limitation period has its own deadlines, which you will learn about later. But even these terms are conditional, since there are many loopholes on how to extend them. It also depends on how experienced and legally savvy the borrower is whether he can wait for the expiration of the period called “ statute of limitations».

In matters of lending, the statute of limitations refers to the time allotted to the bank to get the borrower to pay the loan.

Statute of limitations as a way to avoid paying a loan

The statute of limitations lasts three years. But this period has its own nuances, without knowledge of which you may not wait until its end, and you will simply be brought to court.

Often borrowers, knowing about the existence of deadlines limitation period for credit debt, abuse their rights in order not to pay the loan. As a rule, such actions are promptly stopped and punished by law.

But if you really can't pay your loan and hope that the statute of limitations will run out sooner or later, you should learn more about it.

Several errors in calculating the expiration of the limitation period

1. The limitation period does not begin from the moment of signing.

2. The period does not continue to expire if you had official communication with the bank on the topic of your debt during the three-year period (it starts counting again).

3. The limitation period cannot continue indefinitely, despite the fact that the bank or collectors will try to convince you of this.

4. The statute of limitations does not begin or end upon the expiration of the time period allotted for repayment of the loan.

Here's how the statute of limitations is actually calculated

Be careful because... there is a lot of confusion on the Internet, nonsense written in newspapers and told on television.

1. Statute of limitations starts from the moment of the last payment. That is, if you last paid off the loan two or three months ago, and after that you did not make any payments on the loan, then the countdown will begin.

2. If you have not paid the loan for 90 days, then the bank, upon expiration of this period, may issue a notice to the problem client early collection. And only from that moment the limitation period begins, and not from the moment of the last payment.

3. If before the period when it is considered that the statute of limitations has expired, the borrower and the lender have a conversation with the signing of a document or notice regarding the unpaid loan, then the statute of limitations is renewed. In other words, if you are trying to avoid loan payments or a summons to court, then it is better not to communicate with your bank in any way, not to answer calls, registered letters, notices.

The statute of limitations has expired, but they continue to demand money

Quite often there are cases when banks turn to their clients with a demand to repay the loan after the expiration of a three-year period. It should be immediately noted that such actions are illegal. Most likely, the bank, which, due to its inattention, discovered the debtor late, relies on his fear and incompetence. In many cases, the debtor, having learned that his debt has not been forgotten, tries to return the money as quickly as possible. However, you have the right not to do this.

The first thing you can do is contact a lawyer who will advise you on this issue, because... Each region has its own judicial practice. If the lawyer has convinced you that you are not obligated to pay, move on with your life.

Naturally, as a result, you may be summoned to court. Your next step is you submit a petition that the statute of limitations has expired, as a result of which you are definitely acquitted.

It is much more difficult to deal with your debts if collectors come into play. To be honest, they are not always correct or legal.

The role of collectors in the limitation period for accounts payable

It is known that banks, being unable to cope with their debtors, transfer all information about them to collectors. Here's how it relates to limitation period for accounts payable.

What do collectors do? They have excellent methods of influencing the psyche of people who may “out of fright” give away their last. But if you pull yourself together in time, you can take the following steps:

1. Admit your dishonesty towards the bank and pay off the loan (although debts are not always created of your own free will).
2. Contact a lawyer to ensure that the statute of limitations has expired.
3. Write a statement to the prosecutor's office or police.

As a rule, collectors stop their work at the third point. activity, realizing that she not legal.

So, even if you are a bank debtor, in addition to obligations, you also have rights. One of these rights is the expiration of the statute of limitations on accounts payable. However, this is not a reason to abuse your responsibilities. Non-payment of a loan is a last resort. It should be remembered that if you go to extreme measures, creditors can also go to extreme measures by contacting a collection agency that knows how.

According to current legislation, any financial institution that has provided a loan to its client may demand repayment of the debt, as well as penalties and interest within 3 years, which constitutes the statute of limitations. It would seem that it is possible to legally avoid paying on a loan - you just need to draw up an agreement, disappear from the bank’s sight and appear only when all the terms have expired. But in reality, everything is far from so simple. What's the catch? This is exactly what we will deal with now.

Common misconceptions related to loan statutes of limitations

All those unscrupulous borrowers who consider the statute of limitations as a loophole for failure to fulfill their obligations will be severely disappointed. Why? Before answering this question, we will present common myths that, oddly enough, can be found even on some quite serious sites on the Internet. There are several of them:

• the statute of limitations starts from the moment you signed the loan agreement;
• both the financial institution itself and the collectors it attracts are deceiving you, talking about the possibility of extending the three years specified in the legislation for a much longer time;
• the limitation period does not depend on the next payments and the time allotted for repaying the debt under the contract;
• even if the bank is actively bombarding you with letters and calls demanding to repay the debt, the terms continue to expire, and in the very near future you will be able to free yourself from all obligations.

Let us repeat once again that everything listed above has nothing to do with the actual legal norms. If you believe even one of these myths, you will only get into very serious trouble. And now we will tell you in detail why.

What's it really like?

It's time to debunk the myths. First, let’s look at the specifics of counting the three-year statute of limitations for loans mentioned in the law:

• It is not counted from the date of conclusion of the contract, but from the moment the last payment is made. That is, if at first you paid regularly, and then a couple of months ago you suddenly decided to take advantage of the “loophole,” then find the last receipt and look at the date. It is she who gives the start to those three years;
• If the next installment is delayed for more than three months, the bank may well issue you a so-called early collection. Immediately after this, the previous terms are canceled and new ones begin to count from the date of his appointment;
• but that's not all. Any negotiations, signing agreements, even answering a call from the bank is considered entering into official relations with it. Therefore, the statute of limitations is renewed again. To prevent this, you will have to turn off your phone so as not to accidentally pick up the phone, and go very far, avoiding official letters and visits from financial institution employees.

What to do if the deadlines have expired

Considering all of the above, we can conclude that avoiding repayment of loan debt is quite difficult, but still possible. If you succeeded, but the financial institution continues to bombard you with demands, it makes sense to contact an experienced lawyer. He will carefully check the actions of the financiers to make sure that the deadline has really expired and convince the bank of this. Sometimes this has to be done only through the court, but if there is irrefutable evidence, it clearly makes a decision in favor of the debtor.

Collectors and ways to deal with them

A more difficult task is to get rid of specialized collection firms, to which many domestic banks simply transfer information about persistent defaulters for “informal” influence on them. “Specialists” from such companies can visit you even after the period allotted by law has expired. However, they rarely waste time on calls, letters and lawsuits. Their methods of influencing the psyche can “convince” any person that he still owes something to someone. There are quite a few cases where debts were repaid after the first visit of such guests.

But you can also fight debt collectors. And quite successfully. You have three options for solving the problem without going beyond the legal framework:

• repayment of debt, regardless of the statute of limitations. We would like to say right away that the amount of debt can be quite large, since considerable interest, fines and penalties accrue over three (or more) years;
• contacting a lawyer who will convince the bank that all deadlines have expired and any demands are illegal. Of course, for this he will need compelling reasons and evidence;
• remember that collection agencies have almost the same rights as banks - they can present written claims to you, file lawsuits in court, but nothing more. Any other influence is an illegal initiative, so the most reasonable decision would be to contact law enforcement agencies. How effective will this measure be? Practice shows that in the vast majority of cases, collectors admit they are wrong and leave the borrower alone.

Simple recipes for solving credit problems

At the end of this article, I would like to suggest to you the most effective measure that will allow you to never encounter legal or illegal demands from banks, debt collectors and numerous claims. If you take out a loan, pay off the debt on time. Remember that even though there is a statute of limitations, you will still be bombarded with calls and letters before it expires, and you may also suffer significant reputational losses.

The limitation period is established to protect banks from their legitimate interests.

An individual, knowing all the rules for calculating it, can withdraw from debt obligations at the end of the term without paying the principal amount or accrued penalties.

Definition

The statute of limitations in consumer lending is 3 years.

It is established to protect the bank’s rights. During this time, he has the right to demand from the debtor the return of the previously issued loan amount and accrued interest.

After the expiration of the limitation period, neither the bank nor collection organizations have the right to collect the amount from the debtor.

In fact, the debtor may not repay the consumer loan. In order for the debt to be cancelled, it is necessary to take into account the rules for calculating the limitation period.

Is it officially possible not to pay?

There are options that allow you to avoid payments. Methods can be unofficial or official. Fraudsters use unofficial methods.

These methods include:

• moving to another city or country without notifying the bank;
• change of passport data;
• stopping communication with employees.

Such methods are used by scammers to wait until the statute of limitations expires and thus free themselves from debt dependence. Experienced collectors find such people and force them to pay money.

Effective official methods would be:

• dialogue with the credit manager;
• request for tax holidays;
• deferment;
• sale of pledged property (if any);
• restructuring;
• bankruptcy.

An official application to the bank will allow you to avoid penalties for late payments. The credit manager will suggest the most favorable way out of the current situation.

A decision may be made regarding a person to allow payment of only interest for a certain time (tax holiday), deferment for a period of up to 12 months.

What is better: a mortgage or a consumer loan? Reviews about this can be found in.

After its end, no one has the right to demand money from the borrower, so the term also protects the debtor. Due to the occurrence of this circumstance, the case is closed and not considered, and the obligations are considered fulfilled.

At the same time, this fact is entered into the credit history of the individual, so in the future he is unlikely to be able to count on receiving a new consumer loan. The period must be calculated carefully, taking into account all the circumstances affecting the suspension.

Video: Limitation period for loans.