The content of the article
- What is the limitation period
- How much is and from what moment is measured
- Suspension of the term
- Rules for calculating the statutes of limitations on a loan
- For guarantors
- In case of death of the borrower
- By credit card
- Based on court decision
- Does the bank write off the debt after the statute of limitations
- How to declare a loan cancellation
The reason for the outstanding loan is often a difficult financial situation. The bank may require a return of the debt through the court. If you prove that the statute of limitations on the loan (SID) has expired, the claim will remain unsatisfied. It is important to know how long this time is, how it is calculated.
What is the limitation period
This term in judicial practice means the legal period for upholding in the lawsuit the interests of persons whose rights are infringed. The time during which you can recover the debt through the court is called the limitation of the loan. After this period, the court will refuse to defend. The bank sends a claim for non-payment to the borrower, assignee or guarantor.
For residents of Russia, issues related to credit debt are determined by the Civil Code of the Russian Federation (Civil Code).
Section 196 sets a limitation period for a credit claim. Art. 200 indicates the beginning of this length of time. Section 202 clarifies when it can be suspended..
How much is and from what moment is measured
The Civil Code of the Russian Federation establishes that the total period for filing a claim is three years. According to the law, calculation starts from the moment when a citizen becomes aware of a violation of the law. When drawing up a loan agreement establish a schedule of payments, the timing of their execution. The first delay will be the start date of the LED.
If the payment schedule is not drawn up and the execution period is not defined, the countdown starts from the day when the bank submitted a demand for debt.
The lender may give the defendant time to return the money. LED calculation will go at the end of this period. From the moment the obligation arises, it cannot last more than 10 years.
Suspension of the term
The bank sometimes defers the time of next payments for the following reasons:
- Force majeure interfered with the suit. This could be an emergency, circumstances that cannot be prevented..
- Suspended Legislation.
- The defendant or the plaintiff serve in the Armed forces of the Russian Federation, which are in a state of war.
- The Russian government has established a legal moratorium on the fulfillment of obligations.
To suspend the period, the circumstances referred to in paragraph 1 must occur in the last six months of the LED.
If the duration of limitation of claims is less than 6 months, then throughout the entire period. SIDs are suspended for the entire duration of the transaction with out-of-court settlement of the dispute, and for six months in the absence of time limits on the procedure. The period is restored after the termination of the causes.
Based on the Civil Code of the Russian Federation, if the defendant takes actions that indicate agreement with the debt, the flow of LEDs is interrupted, it can be, for example:
- Conclusion of a loan restructuring agreement.
- Written recognition of commitment. This can be a response to a claim, any appeal.
- Drawing up an agreement to increase the duration of the contract.
- Application to a credit institution for the establishment of interest holidays.
- Filing non-application (reduction) of fines.
The new term does not include the time elapsed before the break. The statute of limitations for claims begins anew. Not all actions lead to zeroing of the LED stroke.
Situations that do not interrupt the statute of limitations do not confirm the meeting of the debtor with the creditor:
- a written response to the claim that does not contain a consent to the debt;
- partial repayment of debt;
- lack of response of the defendant to the claims of the claimant.
Rules for calculating the statutes of limitations on a loan
The LED period in some cases may be different. The statute of limitations for bank loans is calculated differently for guarantors in the event of the death of a borrower, based on a court decision. For competent actions in a financial dispute with a creditor, it is important to know these nuances.
The obligation of a voucher is valid until the date specified in the contract. The termination of the guarantee is governed by clause 6 of Article 367 of the Civil Code of the Russian Federation. Sometimes the end date of the agreement is not set by the contract. Then the period of limitation for a bank loan for the guarantor will be one year after the entry into force of the obligation.
If the validity period of the guarantee and loan repayment is not documented, the bank has the right to file a claim with the guarantor within two years after the conclusion of an agreement with him.
The established period does not depend on the repayment of debt by the non-payer.
In case of death of the borrower
According to Art. 1112 of the Civil Code of the Russian Federation not only property is transferred to the heirs, but also loan debt. After the death of the borrower, the repayment period does not change. The limitation period for a loan is suspended for six months before the lawful acceptance of the inheritance. No fines are charged.
From the moment of ownership, the LED will flow again. If no one has inherited the property, the period will continue to count..
To avoid disputes with the bank, a waiver of the right of inheritance is needed.
Partial abdication is not provided. When citizens use the inheritance but have not accepted it, the court may transfer the property to the bank to pay off the debt.
By credit card
There is no payment schedule for this type of loan. Although the law works the same way when repaying a loan under a contract and withdrawing money from a credit card, the term is determined differently. LED counting starts from the last installment. If no payments have been made, then from the time you receive the money. Credit card statute of limitations – three years.
The court may postpone the countdown date. To do this, the bank needs to prove that there were contacts with the client to discuss the debt.
Based on court decision
In this case, the statute of limitations on the loan is not taken into account. Other legal norms related to enforcement proceedings come into force. Bank debt recognized by the court is returned voluntarily or with the help of bailiffs.
Does the bank write off the debt after the statute of limitations
Even if the claim period has passed, the creditor may file a claim for the return of the debt and win the case. The bank transfers claim rights to collection agencies. They will seek debt repayment without taking into account the statute of limitations..
How to declare a loan cancellation
Based on Art. 199 of the Civil Code of the Russian Federation, after three years, the payables will be written off after notification of the court. During the meeting under the protocol, you can verbally notify the judge of the expiration of the LED and request the application of Art. 199 of the Civil Code of the Russian Federation, but a written application is more reliable. After satisfaction, the creditor will be denied the claim..
Ways of transferring a loan cancellation application to a court:
- during the court hearing, when filing an appeal;
- registered mail with receipt of receipt;
- through the registry.