Many people had the misfortune of communicating with collectors. Their working methods often go beyond the permissible. When communicating with debtors, they allow themselves insults, threats. And the most favorite technique is psychological pressure. Collectors notify the borrower of criminal liability that may arise for non-payment of the loan. Is this so, we will talk a little later. They are often intimidated by the court. At the same time they talk about sky-high fines, penalties and other sanctions. Are collectors suing debtors? This question interests everyone who has an overdue loan. In order to understand the legitimacy of such actions, it is necessary to study Russian law. And, as they say, warned - means armed.
Who has the right to go to court?
By law, only the creditor has the right to file a lawsuit. He must provide all the necessary documents confirming the presence of arrears. Subsequently, at the trial, the creditor is assigned the status of the plaintiff.
At the very beginning, the borrower has an obligation to a bank or other organization that issues microloans. Obligations and rights of the parties are indicated in the contract. If a debt arises, the lender offers options for resolving the situation. Initially, this issue is addressed by the internal unit. If the debtor ignores all offers, the bank or microfinance organization has the right to contact a collection agency. However, this must be prescribed in the contract, as customer information is disclosed to third parties.
But can collectors sue? In a word, you can’t answer this question, so let's understand.
Activities of collection agencies
In order to attract agencies that specialize in the repayment of problem loans, the bank must conclude an agreement with them. Such a document can be of two types.
- Assignment agreement. What is it and what powers does the agency have after its conclusion? In simple terms, this document indicates the sale of debt. After the conclusion of the contract, all claim rights are transferred to the collectors, that is, they become creditors. From this moment, the borrower must repay the debt to the organization. Do collectors have the right to sue with such an agreement on hand? Yes!
- Agency contract. This document allows the bank to use a collection agency in order to ensure repayment of overdue debts. All rights to the loan remain with the bank. The collector agency acts only as an intermediary. It is his employees who directly work with the debtor. Do collectors have the right to sue if their activities are limited to such an agreement? Not! Their job is only to inform the debtor. They must inform the borrower about the state of debt for a certain period of time. If the case of an overdue loan is submitted to court, then the collection agency’s activity is terminated, and the plaintiff is the lender directly, that is, a bank or other financial institution authorized to issue loans.
Collector Rights
So, we have already decided whether the collectors are entitled to sue the borrower. But nevertheless, employees of these agencies often intimidate the debtor with this. Therefore, it is important to understand what rights they have.
In fact, the activities of such organizations are quite limited.By law, they can only verbally persuade the borrower to pay off the resulting debt. In no case do collectors have the right to use physical force, insult, or threaten. It is also not in their authority to enter the debtor's housing and describe property. Important: such actions are carried out by decision of the court and only by bailiffs (bailiffs)!
When communicating with the borrower, the collector may ask about the reasons for non-payment of the debt, and specify the maturity. Also in their powers is to provide information on already assessed fines and on those sanctions that may be applied in the future.
Criminal liability: is the debtor worth worrying?
Can collectors sue and ensure that the borrower is criminally liable for non-payment of the loan? This issue is quite relevant, since such threats are a standard trick. It is important to know that the relations of the borrower and the lender are within the framework of administrative law, but not criminal. In order for the collectors or the bank to be able to prove the existence of fraudulent actions (in this case, the punishment is the real term of imprisonment), a large amount of work will be required. The main point is that if the borrower has made a minimum payment at least once, then according to the legislation there can be no criminal intent in his actions. Therefore, for non-payment of an overdue loan, criminal liability is not provided. The only decision that can be made by a court is to pay off a debt.
Limitation period
Can collectors sue the borrower if the statute of limitations has expired? The answer is unequivocal - no! In most cases, a loan agreement is valid for three years, less than five (if such an item is specified in the contract). The court will consider the claim only during the specified time. However, there is one thing but! There are no exact indications from when it is necessary to count down the period of limitation. The following calculation periods can be used:
- The calculation is made from the moment the contract expires.
- The limitation period begins on the day after the final payment date.
Punishment for insult
Is it possible to sue collectors if they threaten and insult the borrower? It is theoretically possible to directly file an application for unlawful actions on the part of employees of agencies involved in the recovery of problem debts. It will take a lot of evidence, that is, audio or video recording of the visit / call, to invite witnesses. It will be very difficult for a person who is unfamiliar with jurisprudence to do everything right. In such a situation, you will need to hire a lawyer. However, you can go the other way and write a statement to law enforcement or the prosecutor.
Also, the borrower in no case should insult the representatives of collection agencies. They, in turn, can make a record that they use as evidence. Do collectors sue? In practice, such cases are rare. The fact is that in fact it is very difficult to prove the fact of insult. Such a trial could drag on for several years. And not everyone is ready for this, especially collection agencies.
Case in court - what should a borrower do?
If, nevertheless, the collection agency went to court, the debtor in no case needs to panic. It will even in some way make life easier for the borrower. After the creditor has filed a claim, the issue of overdue debt goes into the legal sphere. So, from now on, all calls to collectors or bank representatives will stop. Now it is important for the borrower to make the decision made by the court as acceptable as possible. It is recommended that you study the case file with a qualified lawyer. It will help to find violations that the bank or collectors have committed.It is important to carefully deal with the claims set forth in the statement of claim. It does not hurt to make photocopies from all documents. If the case is only pending, then the borrower has the right to file an objection. And if already considered, then the appeal (the permissible period is 30 days). An experienced lawyer can significantly reduce the amount of debt, so you should not save on his services.
Note to the borrower: the justice of the peace considers claims where the amount of the debt does not exceed 50 thousand rubles, in other cases, the district court.
Conclusion
So, we figured out the question of whether collectors can sue the debtor. It is important to know that in 2017 a law was passed that regulates the activities of organizations involved in working with problem loans. Thanks to him, the order of interaction between banks and collectors should radically change. The law obliges them to perfectly comply with the established procedure. And, most importantly, now the borrower is given more opportunities to appeal against the unlawful actions of lenders.