If there are violations of the loan agreement, its participant can sue to protect their rights and legitimate interests. But this does not have to be done immediately after the violation is detected. The law provides for a specific period during which it is possible to apply to a judicial authority. To achieve justice, you need to know how long the statute of limitations under the loan agreement exists.
General Provisions
The fact that violated rights can be restored is stated in the Civil Code. But if you do this after the statute of limitations has expired under the loan agreement, the protection of rights through the court will no longer be available. This applies only to material claims. The possibility of filing a lawsuit is not limited to a time period. Thus, the application will be considered subject to the stipulated deadlines. Otherwise, it will not work to go to court.
The limitation period applies to the parties to the contract. If you miss for good reason, it is possible to restore the limitation period under the loan agreement. In this case, all the circumstances of the pass must be clarified and proved.
Basic concepts
The limitation period (under the loan agreement, including) means the time period during which a person has the right to apply to the court in order to protect his rights. At the same time, this concept may not always be used. There are violations for which the period of prosecution does not apply.
A lawsuit is a document where the applicant expresses claims for the observance of his rights. It should be made subject to the established rules. Otherwise, the application will not be accepted for consideration.
What affects the duration?
There are various factors that affect the period of possibility of contesting a contract. These include the following:
- If several conditions of the agreement are not fulfilled, the period begins to be calculated from the time the last violation was committed.
- Before going to court, you must adhere to the pre-trial procedure for resolving the dispute. In this case, the claim is sent to the other party, the answer to which is expected within 30 days. If no answer is given, then you can go to court.
Legal regulation
Current legislation provides for general limitation periods. Therefore, before going to court, you need to study the following provisions:
- Law “On Amending Subsections Part 1 of Section 4 and 5, as well as part 3 of article 1153 of the Civil Code of the Russian Federation ”No. 100-FZ. It states that the statute of limitations has been extended to 10 years.
- Art. 196 of the Civil Code, according to which the general and maximum periods are valid, which are valid until the start of the proceedings.
- Art. 200 of the Civil Code, which fixes the features of the beginning of the calculation of the period that is provided for filing a lawsuit.
Period calculation
The limitation period for a loan agreement between an individual and an individual entrepreneur, as well as between other participants, is determined taking into account the established rules.It is calculated in years and ends on the corresponding day and month. For example, if the deadline began on June 1, 2018, and ends on the same day of 2020, but June 1 is a day off, then there will be a shift to the next business day.
If the debt consists of several payments, then the limitation period is carried out separately. The corresponding rule also applies to obligations if they are closed by periodic payments.
Features of determining the time frame
The calculation of the limitation period for a loan agreement during which a party has the right to apply to the court begins from the day the offense was committed. For example, if a person has not fulfilled an obligation on March 1, 2019, then the statute of limitations will start from March 2, 2019.
The corresponding rule is valid in determining the periods when a person must fulfill the terms of the contract. If this point has not been agreed, then the injured party must communicate the requirements in writing. Only then does the statute of limitations begin to be calculated. If the creditor provides additional time, the corresponding period will be calculated after its end.
Credit
Directly under a loan agreement, a credit institution is entitled to file a claim within three years. What is the limitation period for a loan agreement between individuals? It is the same as between an individual and a legal entity or between legal entities, that is, 3 years.
In the general case, as indicated above, with periodic payments, a period is set for each of them. It is calculated from the day following the date of non-payment of the next installment. But in some, the limitation period for a loan agreement between legal entities can begin to be calculated from the time the contract expired, which is concluded with the creditor.
Advantages and disadvantages
Establishing an appropriate period encourages the lender not to delay the start of the trial. The sooner he prepares all the papers and sues, the faster he will be able to repay the debt.
The advantage in this case is that it is possible to restore the period of time that is set aside for appeal to the court. For this, they also turn to the court, which will take the appropriate decision, but only if there are sufficient grounds for this.
The disadvantage is the possibility of avoiding punishment for the violator of the terms of the agreement due to the existence of a limitation period under the loan agreement. For example, if it is impossible to collect money on a loan at a certain time, this can lead to a person evading payment in principle.
Repayment order
Debt is transferred to the same account as the periodic loan payments. This procedure is maintained even if the bank transferred the debt to a collection agency. Therefore, if this service requires you to transfer funds to another account, you should be wary, and clarify the information in a banking organization.
If the bank has not yet made a request for repayment of the debt, then the corresponding amount is simply deposited to the account and debited automatically. In other cases, you should discuss this point with the bank in advance.
For example, if a large debt has accumulated and the borrower cannot repay it in full, but he is ready to periodically repay the debt, you should agree on this with the bank. However, you need to make a statement and indicate how much will go into the account of the monthly payment, and which - to pay off the debt. So you can gradually pay off the debt. In some situations, when using this method, the bank may even write off the fines previously assigned for late payments.
If the corresponding offer to repay the debt on favorable terms was sent to the borrower, and the latter decided to accept it, before making the next payment, you should:
- Notify the banking organization of the consent to the offer.
- Agree on all dates when funds will be deposited.
Otherwise, money can be written off against existing interest and fines, and what the debt was, this will remain.
Suspension
There are cases in which the limitation period under a loan agreement may be suspended. Once the reasons for this have been eliminated, the period will continue. Significant circumstances include force majeure, military service, moratorium, and so on. Moreover, such events should occur in the last six months.
In addition to suspension, a break may be established for the limitation period under the loan agreement. In this case, after the resumption, the statute of limitations will be considered first, and the time that has expired will not be counted. The grounds for such actions are the presentation of an application in the prescribed manner, as well as the recognition of debts, partial payment, as well as requests for installments or deferrals.
Responsibility for non-payment
For non-payment of the loan, the violator can be brought to both civil and criminal liability. If the bank submits an application to the court with a request to return the money along with interest, then the borrower will incur only civil liability. In this case, the banking institution has the right to demand the payment of a fine.
If it is discovered that the client provided incorrect data, for example, fake salary certificates or inaccurate information about the employer, then it is allowed to appeal to law enforcement bodies and the prosecutor's office in order to bring the violator to criminal liability. Then he can be punished under the article on fraud.
Therefore, not paying a loan agreement is unlikely to work with impunity.
If the statute of limitations has expired
Neither a banking institution nor collectors will be able to receive debt from a borrower under a loan agreement whose statute of limitations has expired. In this case, the latter is exempted from both the obligation to pay the principal loan amount and interest and penalties.
If collectors continue to demand payment of debt from customers, the borrower has the right to file a complaint with the police. You can also contact the bank with a request to withdraw personal data. But not so simple. In this case, the borrower:
- It will be blacklisted by banking organizations and will not be able to get a loan even in a small amount for 15 years.
- Losing the opportunity to work in a banking organization.
If the borrower is dead
In case of death of the main borrower, collection is carried out from the guarantor. If there are several, then a lawsuit is filed with each of them. If the guarantor is absent, then the debt is transferred to the heirs. Moreover, the latter will be able to repay the debt no earlier than six months after the death of the debtor. During this period it is not allowed to charge penalties and fines. As soon as all inheritance documents are completed, the bank or collection agency can begin work on repaying the debt. If the debtor did not leave any inheritance after himself, then the debt is written off as force majeure circumstances. If there is an insurance contract, the bank may receive a refund from the insurance company. But it will no longer be possible to demand compensation from relatives.
If the bank went bankrupt
According to some debtors, after bankruptcy or revocation of a license, a bank does not need to make payments. However, this is not recommended. Even bankrupt organizations accept credit payments. In addition, after the appropriate procedure, the successor organization is established, which will also deal with debtors.
Conclusion
Now the reader knows what period of limitation is valid under the loan agreement and what factors can affect it. If in the general case this period can reach 10 years, then in the case of a loan it is only 3 years. However, when applying after the expiration of the established period, it can be restored in certain circumstances.
