How to legally not pay a loan? In the context of the economic crisis in the country, such a question is gaining more and more popularity among the population. You overestimated your capabilities, and the realities of life prevent you from fulfilling your obligations? Not everything is as sad as it might seem at first glance. Let's get acquainted with a few useful tips from lawyers that will help you to postpone parting with financial resources and solve problems.
Why do people decide to avoid paying loans?
The question of how not to legally pay a loan in Russia is being asked today by many. Such thoughts are explained quite simply, in most cases they are based on:
- A significant reassessment of one's own financial capabilities.
- Deterioration of the current financial situation (for example, global changes in the country, economic crisis, job loss, reduction of wages).
In a separate category, forgetful defaulters who miss monthly contributions to the bank due to their own carelessness and irresponsibility should be distinguished. Over time, the accumulated interest due to overdue payments significantly increase the total loan amount, which may serve as the reason for the very urgent question of how to legally not pay a loan or delay its repayment for a long period.
Step one - discuss the situation with the bank (restructuring debt)
The easiest, but not the most cost-effective method is to agree with the lender to restructure your loan. This method is very appropriate for the bank, but less suitable for you, but you still get the opportunity to improve your financial situation.
The meaning of these actions is, as a rule, to increase the loan term and reduce the required monthly payments by a certain amount. To achieve such an agreement, it will be necessary to motivate your desire to amend the previously concluded agreement. In fact, everything is not so simple. This requires objective reasons (for example, job loss).
It is necessary to notify the bank of your changed solvency in any case, even if restructuring does not occur, it is possible that no penalties will be charged on your loan. Try to prepare for a serious conversation, stock up on documents and reasoned speech.
Step two - insure a loan
How to legally not pay a loan? Protect yourself with a special form of insurance. To get it, you will need to spend a lot of effort, collect a rather large package of documents, but the result is really worth it to fight a little with the bureaucratic machine.
If you lose your job and cannot make monthly contributions yourself, it will be done by the insurance company that has signed the relevant contract. Before concluding documents of this kind, carefully read their terms. Papers can contain many specific nuances. In most cases, insurance will not be paid for you if you yourself are to blame for the loss of work or another possibility of obtaining funds to repay the loan.
Step three - go to court
You can’t pay the loan before the court’s decision, perhaps luck will smile at you, and the domestic Themis will allow you to abandon the burden you have taken, but the chance of such a positive resolution of the dispute in your direction is extremely small.A positive feature of this method is the fact that the court, as a rule, does not force the borrower (individual) to pay interest that has arisen for late payments. In what cases can you be able to challenge a loan agreement in court? Let's talk about this a little more.
Case Study Prerequisites
Let's look at the situation with a specific example of one of the modern banks. How to legally not pay a loan to Privatbank? We will try to find flaws in the activities of a financial institution and appeal to them specifically in a judicial proceeding.
To begin with, you should understand that the activities of any such organization are regulated by the Central Bank of the Russian Federation. The general requirements that all banks that provide loans to individuals and legal entities must comply with, as a rule, are as follows:
- Mandatory to prescribe the conditions for early repayment of the loan.
- Provide the client with information about the forms of lending and their features.
- Inform about all possible ways to repay the loan.
- Do not allow loans to individuals if their monthly payment exceeds 50% of the amount of their official salary.
- Include in the contract between the parties a mandatory clause on the liability of the bank and the borrower in case of improper fulfillment of the agreed obligations.
The list of requirements includes a fairly large amount of information, in addition to that given in the article above. If necessary, do not be too lazy to visit a consultation of a professional lawyer who will help you navigate a specific contractual agreement.
Do not let the borrower go on frauds!
Not only ordinary people, but also employees of financial institutions often resort to various tricks and frauds. However, such actions are for the most part illegal, unlawful and may be an excellent answer for you to the question of how to legally not pay a loan. According to the legislation of the Russian Federation, it is strictly forbidden to transmit or sell information on loans to banks to third parties. If this situation occurs, feel free to contact the court, with a high degree of probability:
- The bank will be deprived of a license.
- You will be given the opportunity not to pay out borrowed funds and interest for late contributions.
Step Four - Be Smart
Recently, our compatriots have been increasingly smart in matters of how to legally not pay a loan to a bank. Especially this topic is relevant for people who have taken a significant amount in the mortgage, that is, to purchase their own housing. Quite often, difficulties with paying such a loan are faced by young families with children, it is impossible to make money, but in no case it is impossible to lose housing, because there is simply nowhere to move out. So you have to use the most unconventional thoughts.
Everyone knows that the subject of collateral for a mortgage is an apartment, for which funds from the bank are allocated. As a result of a significant delay or constant non-payment, the bank may withdraw this housing from the non-payer through the court in order to pay off the debt. However, modifying the apartment with the help of an official redevelopment, you can significantly protect your interests. So, after certain changes, the collateral property cannot be claimed through the court, as it does not correspond to the characteristics prescribed in the official loan agreement.
The consequences of an overdue loan
If you do not consider it necessary to look for legal ways not to pay a loan, but prefer to act at random, be prepared for very unpleasant consequences. At the first stage, you will receive a notification from the bank and communicate with its legal representative for payment by phone. At the same time, a corresponding fine will be charged on you, which will increase over time.
In case of regular non-compliance with the rules of the agreement and a significant amount of debt, the bank has the right to apply to the court to resolve the conflict situation, after the decision is made, the bailiffs are taken. Many lending institutions practice reselling loans to special offices that collect debts. Employees of such companies are often aggressive and use barbaric methods of knocking out funds (intimidation, threats, etc.).
A few words in the end
How not to pay a loan to an individual? There are quite a few methods, some of them are more effective than others, while the rest work in extremely rare cases. To avoid unpleasant situations, remember the old expression: "Debt by payment is red." Try to calculate your strengths, financial capabilities and needs, do not deceive the bank and act extremely honestly. Perhaps that is when you can avoid unpleasant situations and their consequences.
