Situations often occur when banks sell overdue debts to collectors. This profession appeared in Russia about 15 years ago, and their direct responsibility is to collect debts. Banks can use 2 schemes for transferring the obligation to repay debt. One of them is the complete sale of the remaining outstanding debt obligation under the assignment agreement.

The practice of selling debt is carried out quite often. The transfer of the right of claim can be carried out in 2 ways:

• under an agency agreement, when the collector receives a certain fee for the return of the due debt by the debtor;
• under an assignment agreement, when the debt is fully repaid by the collection agency.

Under this scheme, the collector completely buys out the debt from the bank, and the right of claim is transferred to him on the basis of an assignment agreement. According to such an agreement, the agency receives the full right of claim through collection through the court, seizure of the pledged property, and so on.

The procedure for transferring debt by assignment is fixed by law. If the loan agreement itself provides for the possibility of debt assignment, then this procedure can be carried out without the consent of the debtor. Moreover, after concluding the assignment agreement, the collector is obliged to notify the debtor about the signed new agreement and the debtor’s obligation to pay the new creditor.

The amount of debt that was transferred by the bank under the assignment agreement cannot be independently increased by the collectors. They are obliged to collect exactly the amount that remained at the time of purchase of the debt.

In addition, in 2017, all collection agencies are required to be officially registered and have an open main activity related to debt collection. If a collection agency is not included in the public list of legal entities, then its activities are considered illegal. And not a single citizen is obliged to pay them any amount of their debt. Paying money to such a person does not relieve the citizen from the responsibility of paying his debt to the bank.

Types of debts

There are many types of bank loan products. Most often, an assignment agreement is provided for the following loans:

• credit cards with overdraft;
• consumer loans that are issued without collateral;
• any types of loans not exceeding 300 thousand rubles.

Based on the practice of transferring the listed types of debt, banks tend to transfer to collectors insignificant amounts of debt, which are usually easiest for collectors to collect. In this case, the bank does not have to spend money on legal costs.

Another reason for choosing these particular banking products for transfer to collectors is the fact that when transferring under an agency agreement, the bank has the right to continue to charge penalties and penalties. And when a claim is filed in court, the loan agreement is considered terminated and the accrual of all types of penalties stops. In this way, banks try to maximize the amount of debt.

If the debtor makes certain types of payments periodically, then such debt will most likely not be referred to a collection agency. First of all, debts for which there are no receipts of funds and the debt exceeds the term of 3 months are sold.

Banks are interested in not having a large number of debtors on their balance sheet who do not pay their obligations on time. Because in this case, the financial stability of the bank is at risk, and on this basis the credit institution may lose its license to carry out its activities.

What to do

If the debtor has delayed the timely payment of his debt for a certain time, then before paying, he must make sure that his debt has not been transferred to a collection agency. It is important to know that when a debt collector accepts a debt, he is obliged to notify the debtor about it. Accordingly, you need to check and remember whether at least one of the following actions has occurred recently:

1. A registered letter or notification was sent to the debtor's registered address, which contains information about the transfer of debt from a credit institution to a specific collection agency.
2. I received a call from collectors to the contact phone number specified in the loan agreement. And in this conversation, information about the transfer of debt was voiced.
3. Messages were sent to the phone, which contained information about the assignment of the right of claim.

If the debtor has not received this information, then before sending funds to the bank, you need to make sure that the current account is still open. If it turns out to be closed, it means that this claim has been transferred to the court or a third party.

If you have accurate information about the transfer of debt, you need to proceed in the following way:

1. First of all, it is necessary to study the loan agreement with the bank, which should provide for the possibility of its assignment to a third party.
2. If such a clause exists, you must contact the collection agency or bank and send a written request asking for a copy of the assignment agreement.
3. In the received copy, you need to compare the total amount of the claim presented by the collectors with the amount of debt in the bank, taking into account fines and all accrued penalties.
4. For comparison, you will need to order a special certificate from the bank about the debt on the day the assignment agreement is concluded.
5. It is important to work out debt repayment dates and payment amounts with debt collectors. The schedule drawn up must be realistic for the debtor. Based on this document, further settlements with collectors should be carried out.
6. Next, you need to obtain written details of the agency to which you now have a debt. Based on this document and all of the above, the debtor must repay his obligations.

If a collection agency has purchased the debt under an assignment agreement, it has the right to sue the debtor. However, not in all cases companies file applications. For small debts, the debt can be written off over time.

Debtor's rights

It is important to know that the activities of collectors are strictly regulated by law, and they are required to act within the established framework. Main restrictions:

1. The agency and its employees do not have the right to disseminate confidential information about the debtor and his financial obligations.
2. Calls and visits to the debtor should be made only during the daytime.
3. Any types of blackmail, threats, intimidation and the use of physical force are strictly prohibited.

Any violation of the debtor’s rights must be recorded by him on audio or video and provided to law enforcement agencies, as well as Rospotrebnadzor and other government agencies involved in monitoring the activities of collection agencies. Often, after filing a complaint against the activities of a debt collector, methods of influencing the debtor begin to be used only strictly within the permitted legal limits.

Despite the fact that the legislation protects the rights of debtors, it does not exempt citizens from non-payment of their obligations. Collectors have the right to go to court and collect property legally owned by the debtor. That is why every debtor must understand that if he has taken on credit obligations, he will have to repay them. In this case, the refund will be made with accrued interest and penalties. Therefore, there is no need to bring the situation to the point of transferring the debt to collectors. And it is best to resolve all issues directly with the bank immediately when events occur after which the creditor becomes unable to repay his debt on time.

Written evidence of an attempt to resolve the problem with the bank in a timely manner can become a powerful argument for reducing the accrued amounts of penalties and fines in court.

It is impossible to answer unequivocally the question of how legal it is to sell debt to collectors. Judicial practice shows that the Supreme Court has several positions on this issue.

One of the latest decisions of 2017 indicates that a bank or other creditor does not have the right to transfer rights of claim under an agreement to a collection company that does not have a license to carry out banking activities or does not have the written consent of the debtor. At the same time, one caveat is made: if the contract with a citizen contains such an opportunity, then the sale of debts to collectors is completely legal. Therefore, it is worth focusing on the clauses of the contract when assessing the legality of the transaction.

Today, almost all agreements give banks the right to assign your debt or sell it to collectors without official consent. Of course, no one forces the borrower to sign such an agreement, but in this case he is unlikely to receive a loan.

The debt was sold to collectors, what should I do?

How should a borrower behave after he becomes aware of the sale of debt to collectors? This depends on whether he has the ability to continue making payments under the contract.

If he plans to continue payments, then the algorithm of his actions is as follows:

1. It is necessary to obtain official confirmation of the assignment of rights of claim. Until the necessary evidence is received, the borrower has the right not to pay collectors under the contract (Article 385 of the Civil Code).
   Typically, debt collectors send an official letter indicating the legal basis for their involvement in debt collection. This may be a reference to an agency agreement or a written notice of assignment of claims.
   If we are talking about the assignment of rights, then it is worth additionally verifying this fact. To do this, you should request information from the bank (here, if necessary, they will be able to provide a copy of the assignment agreement) and send a counter letter to the collectors with a request to provide a notarized copy of the agreement between the bank and the creditor, as well as the documents available to the collectors about your loan (account statement, credit agreement, etc.).
   The counter letter must be registered and require return receipt requested. Such a notification will serve as an argument for your defense in the event of disputes with debt collectors.
2. If the collectors do respond to the letter, you should contact a qualified lawyer to analyze the assignment agreement. If necessary, a lawyer will help you file a lawsuit to declare the sale of debt illegal.
   You may also be invited to the collectors’ office to review all the documentation; you should not refuse this opportunity.
3. If the collectors have not responded, then it is strictly not recommended to pay the debt in their favor. If necessary, you can obtain in court a reduction in penalties or their complete cancellation, because the company has not provided you with confirmation of the legal purity of its work.

If the debtor has objective difficulties in repaying the debt due to financial problems, then he should contact the bank to obtain a restructuring. This procedure involves changing the debt repayment schedule. The bank may accommodate the borrower and increase the terms of the loan agreement, which will proportionally lead to a reduction in the monthly payment.

If it is not possible to reach an agreement with the lender, the borrower may resort to bankruptcy proceedings. This requires that the amount of debt be more than 500 thousand rubles. and the delay in fulfilling obligations was more than 3 months. The borrower will also need to present valid reasons that made further payments under the loan agreement impossible (layoff at work, illness, etc.). In the absence of such circumstances, the court may find fraudulent intent in an attempt to declare oneself bankrupt.

Once the court agrees to satisfy the debtor's claim to declare him bankrupt, all further communication with creditors and collectors is terminated. After the stage of enforcement proceedings, which involves the sale of the debtor’s property to pay off obligations, all debts are canceled and it is considered that he no longer owes anything.

Transferring an individual's debt to a collection company

Selling debt has its positive and negative aspects.

Benefits for the lender

The assignment of claims has many advantages for the creditor, including:

• the ability to cover your losses, although not in full;
• there is no need for personal communication with the borrower, savings are achieved on the maintenance of the call center;
• improvement of official statistics, reduction of the percentage of bad debts.

Disadvantages for the lender

The sale of debt is not without its disadvantages for the creditor. So, he does not have the opportunity to get back the entire debt. After all, debts are never sold at full value, but usually for 10-30% of their face value. All this leads to lost profits.

Benefits for the debtor

With the adoption of a new law regulating the rights of the debtor in relations with debt collectors, they received greater legal protection from debt collector arbitrariness. So, since 2017:

• interaction with third parties when collecting debt (relatives, etc.) is prohibited;
• information about the debt is not allowed to be posted on the Internet or in the home;
• the debtor can at any time withdraw his consent to interact with debt collectors in the process of debt repayment;
• a limit is set on the time of calls on weekdays and weekends, the number of SMS and personal meetings.

Disadvantages for the debtor

The media repeatedly reports information about horrifying methods used by debt collectors to extract debts. Often, small collection agencies employ previously convicted citizens and racketeers who actively resort to blackmail and threats. It is worth remembering that no one has yet repealed the norms of the law and collectors, despite their status, do not have the right to use illegal methods in their arsenal. The debtor can always contact the police and prosecutor's office to protect himself from incoming threats.

According to the new law, persons with previous convictions are not entitled to work in collection agencies.

Often information about debts becomes public, for example, by disseminating information on social networks. Such methods, which involve the disclosure of personal information, are also illegal.

Sale of debt by receipt

Today, not all borrowers turn to the bank to receive the amount they need. Some people prefer to borrow money from friends against a receipt, and not everyone subsequently voluntarily fulfills their obligations.

Collectors work with debts not only to banks, but also to ordinary individuals. They are unlikely to undertake debt collection without a receipt, since the transfer of money is not confirmed by anything. Whereas the receipt is a kind of money-back guarantee.

The purchase of such debts is carried out for 10-50% of their size. Before this, collectors assess in detail all the risks and solvency of the debtor.

According to the law, such a transaction is legal. But it presupposes mandatory notification of the debtor about the assignment of claims.

Re-registration of a loan by a bank to collectors

In the practice of debt collection on credits and loans, there are two key ways of interacting with debtors:

• with the assignment of rights of claim under the contract in favor of collectors;
• without assignment of such rights.

In the latter case, you still remain a debtor to the bank and you can pay the debt using the same details. A financial organization engages collectors only for claims work: sending letters to the debtor, calling him with a reminder of the need to repay the resulting debt.

With this option, misunderstandings often arise. Collectors send their details to the debtor to repay the debt. If paid on them, the debt will not be considered repaid and this issue will cause numerous disputes.

An assignment of claims means that the creditor has sold your debt. Payment of the debt must now be made in favor of the collection company.

Sale of debt of a legal entity to collectors

The sale of debt by legal entities to collectors has all legal grounds.

But the likelihood of collecting a debt from a legal entity is lower than from an individual, so collectors are extremely reluctant to take on such transactions. A legal entity can always declare bankruptcy, and if it does not have liquid assets in its assets, it will be virtually impossible to get money back. Similar difficulties arise during the liquidation of a legal entity.

Therefore, most banks lend to legal entities only if they have liquid collateral. This is what guarantees the repayment of the loan. In the case of secured loans, banks collect the debts themselves and do not sell them to third parties.

Transfer of a company loan to a legal entity

The sale of debts of a legal entity to another legal entity is carried out within the framework of two operations: factoring and assignment. They both involve the assignment of rights to claim receivables for a certain commission.

An assignment is simply an assignment of claims, while factoring is a way of financing receivables. Factoring typically involves the transfer of short-term receivables. The operation is aimed at increasing turnover and sales volume. Factoring services are usually provided by banks.

How to appeal the sale of debt to collectors?

There is practically no prospect of appealing the sale of debt to collectors if the agreement provides for such a right of the financial organization, or the bank unilaterally terminated the agreement with the borrower who did not fulfill its obligations.

The right to sell a debt is usually not related to the presence/absence of the debtor’s personal consent. The exception is cases when such a need is specified in the loan agreement. In practice, this practically never occurs, since the bank’s legal department is very scrupulous about drawing up an agreement.

And if previously borrowers managed to very successfully challenge assignment agreements due to gaps and lengthy wording of the agreements, today this is rather an exception. Legal insurance of banks is manifested in a detailed consideration of the conditions for the assignment of claims. By signing the agreement, the borrower automatically agrees to all points.

The bank's freedom to sell debt has some restrictions:

• rights to claim the debt are transferred to the same extent as they were received by the bank under the loan agreement (the collector does not have the right to demand a larger amount than the bank);
• The assignment agreement has the same form as the credit agreement.

In what cases does a borrower still have the opportunity to appeal the sale of debt? Such grounds may include: if the loan agreement prohibits the assignment of claims; when the volume of claims is overestimated by the collector; including in the contract a fee for additional services, changing the payment period, etc.

To do this, a statement of claim is submitted to the district court, accompanied by documents confirming the validity of the claims. When going to court, the borrower can obtain the write-off of unreasonable amounts and achieve a restructuring of payments.

You can appeal against the actions of debt collectors if they abuse their powers. For example, when receiving threats, insults or late-night calls. This is a reason to contact the police.

Can a bank sell a debt to a collection agency? Not a single borrower wants to deal with collection agencies, and besides, today there are whole legends about the way they work. A meeting with debt collectors can only occur if a client of a bank or microfinance organization stops fulfilling its obligations to the creditor for a long period. So, the bank sold the debt to collectors - what to do, where to go, how to solve the problem? Let's figure it out.

Does the bank have such a right?

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

When considering the question of whether banks have the right to sell debts to collectors, one should rely on Law No. 230-FZ. Let us immediately note that banking organizations and other credit companies interact with collection companies by concluding one of the following agreements:

• Agency contract. The agreement involves the provision of paid services by collectors to the bank for the collection of problem debts. In fact, special agencies receive a percentage, a reward for “knocking out” payment for one or another type of loan from the borrower. In this case, agencies play the role of an intermediary, demanding that the debt be repaid to the bank and the money sent to its details.
• Assignment agreement. But here a completely different scheme works. The bank actually sells the debt of the “negligent” borrower to the collector, and he, in turn, becomes his new creditor. Now, legally, the agency has the right, on its own behalf and in its favor, to collect the debt from a former bank client.

From a legal point of view, the phrase “debt sale” sounds illiterate, but it is quite effective for borrowers who hear it. Often in such a situation, collectors demand from debtors an even larger amount of money than was necessary to deposit into a bank account to repay the loan, which is a violation of the rules.

Answering in more detail whether a bank can sell a debt to collectors, let us turn to Article 382 of the Civil Code of the Russian Federation. According to what is described in it, the creditor actually has the right to transfer the debt to another person under an assignment agreement concluded with him. The debtor's consent to this action is not required unless otherwise provided in the loan agreement between the bank and the borrower. It turns out that if the contract contains a ban on the assignment of debt, then the sale of debt may be considered illegal, but there are many “pitfalls” here and proving the illegality of the transaction will be very problematic.

We also note that according to Law No. 230-FZ, which came into force at the beginning of 2017, a collection agency must be officially registered in the state register as a legal entity with the main activity of collecting overdue debts. (details about that here). If you haven’t found your new lender on this list (open access), then you can safely stop even talking to him. There is a high probability of becoming a victim of fraudsters, because by paying to an unknown company, you are not released from your real obligations to the bank or microfinance organization.

What debts can be sold to a collection agency?

“Trading” of citizens’ debts is not used in all lending segments. As a rule, banks get rid of debts on loans of the following categories:

• Consumer loans without collateral.
• Credit cards with overdraft.
• Loans with a balance of up to 300,000 rubles.

Bankers are more willing to sell small debts to collectors, because... It is simply not profitable for them to deal with them, and legal proceedings are unnecessary troubles and additional costs for the bank.

Know that if the borrower makes some payments at least occasionally, the banking organization will not sell such debt to special agencies. But a debt exceeding 3-12 months (depending on the lender’s policy) is a signal for the bank for further more serious actions.

It is simply necessary to get rid of debts to credit institutions, because... they have certain obligations to the Central Bank of the Russian Federation. Reporting on a number of indicators, including the amount of overdue debt, banks have a high probability of losing their license if they have high levels of debt from problem borrowers.

Obligation to notify the borrower about the sale of debt to collectors

We found out whether banks have the right to sell debts to collectors - this action is not prohibited by law, but who should notify the borrower about this, the bank or the collector? Having sold the obligations of their client, banking organizations, according to the assignment agreement, are obliged to notify him about this in writing, which is justified by Art. 382 of the Civil Code of the Russian Federation. Most creditors do just this, but often debtors learn about what happened directly from the collectors themselves. Ideally, both parties to the agreement should issue the relevant document.

In essence, there is no significant difference who reported first, but remember that, based on Art. 385 of the Civil Code of the Russian Federation, you may not fulfill the demands of the new creditor until you receive official evidence of the sale of your debt.

Debt owner verification

So, before you worry that your bank has sold the debt to collectors, let's first look at how the borrower can find out about this if no messages have been received from the banking organization (for example, SMS, phone call or registered mail):

Notification methods	Description, actions of the debtor
Letter from a collector	Typically, the demand letter to the debtor will indicate how the debt collector is related to your debt (the services of an intermediary or a direct sale of the debt). There must be a link to documents, such as an agency agreement or assignment agreement. If there is nothing like this, it is better to call back and clarify the details.
Phone call from a collection agency	If collectors start calling you, immediately ask on what basis. They are required to provide you with evidence of the sale of the debt in writing.
Your bank account is closed	Sometimes a debtor, having decided to pay the debt in part or in full, finds out that his account is closed. This may indicate that the debt has been sold or the bank has filed a lawsuit against the borrower

Step-by-step instructions for the debtor

Situations such as banks selling debts to collectors cause panic and confusion among most debtors. The methods of influence of collectors on people are already known and they differ significantly from communication with bankers. Often, the activities of debt collectors appear immoral and even illegal, which should be immediately reported to law enforcement agencies.

So, you found out that the bank to which you owed money sold your debt to collectors. Now the question arises, what to do next? We will try to reassure you - nothing criminal happened to your debts. The total amount of debt, including penalties, fines and interest, should remain the same. In this case, the law comes to protect the debtor (Article 384 of the Civil Code of the Russian Federation). A suddenly increased debt when it is transferred to collectors is an illegal phenomenon; you are not required to pay additional payments for collection “labor”. And now step by step:

1. Ask for a copy of the document selling your debt to debt collectors. Don't pay anything before. Here you can see a sample of an official request -.
2. Find out from the bank the exact amount of your debt with a breakdown (interest, interest, penalties, fines, etc.) by ordering a special certificate.
3. Collect all loan documents in one place: agreement, payment receipts, payment schedule, etc. You will need such a package for competent communication with agency representatives or, if necessary, to contact lawyers, as well as if the case goes to court. Note that collectors do not always go to court, and completely hopeless dogs are often written off after the statute of limitations has expired.

If you have the assignment agreement in your hands, you are convinced of the legality of the sale of your debt and the fairness of the collectors’ demands, then you can make payments using new details.

Features of the debt assignment process

If any clauses of the assignment agreement seem illegal or incomprehensible to you, contact a qualified specialist - a lawyer, lawyer. It is not necessary to go to a paid specialist at your place of residence; you can ask a question on a specialized legal portal on the Internet. Only as a last resort should you go to court. If, when applying to the judicial authorities, it is proven that the assignment of debt was carried out on illegal grounds, the bank will again become your creditor.

Remember, a legal creditor-collector is obliged to comply with Russian legislation, which limits it in many ways, namely:

• Collectors have the right to call debtors from 8 a.m. to 10 p.m. on weekdays, and on weekends from 9 a.m. to 8 p.m.
• It is prohibited to disclose information about the debt of the person being collected to third parties (colleagues, friends, neighbors, etc.).

If documents for the sale of debt are not provided

It is worth considering another feature in the topic, whether banks can transfer debts to collectors without providing the debtors with any evidence of their joint transaction. For example, you received a telephone notification from a collector that your debt had been sold, after which you immediately demanded official confirmation of this, but no one was in a hurry to fulfill your request. Letters and intrusive calls continue.

We explained above that under such circumstances, no one needs to pay anything, because it has not been proven whether your bank actually sold the debt to collectors. What to do next? You can just wait patiently, and after 3 years from the date of sale of the debt, according to the collector, you will be able to file a claim to write off the debt due to the statute of limitations.

But this does not mean that one should deliberately “evade” one’s obligations, although on the other hand, who prevented claimants from proving their rights and powers legally? And yet, creditors most often win such cases. We do not recommend that you resort to trickery. If you are really getting pestered with calls, you can install the “Anti-collector” program; if your collector has become a permanent “guest” - do not open the door for him, but one way or another you will have to pay sooner or later, and the longer you delay this process, the higher it will become your duty, and problems in a moral sense will only increase.

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After the court decision, the Bank sold the loan debt to collectors. Can I request a certificate from the Bank that I do not owe them?

Hello, my name is Olga. 5 years ago I took out a loan from the Bank, six months later the loan became “problematic”. The bank filed a lawsuit and is being collected by the bailiffs. At the moment, 3 years have passed since the day, I paid the bailiffs the entire amount the other day, but they cannot pay off the debt, as the Bank did not indicate the account number where to transfer the money. We started calling there together and it turned out that the debt had been sold to collectors. And the Bank doesn't need money. I didn’t receive any notification; the collectors couldn’t tell me my details. The bailiff cannot return the money to me because the Bank does not withdraw the claim. The bank does not give me any information. He only says in words: You don’t owe us anything. Call debt collectors. Question:

1. Does the bailiff have the right to transfer money to collectors if the claim was filed by the Bank?!

2. Should the Bank give me a certificate stating that I do not owe them? (only on the basis of this will my money be returned)

3. Can the bailiff close the proceedings due to impossibility of execution? (the bailiff believes that she should demand the account number from the Bank)

And the last thing: the Bank actually “sent us”, saying that it was not in their interests to find out all this. What should I do? ? Thank you.

Lawyers' answers

Oksana(26.10.2013 at 13:23:35)

Good afternoon.

1. Bailiffs cannot transfer money to collectors, because there is, issued on the basis of a court decision, where the bank is indicated as the claimant.

2. Contact the bank with a written application (oral requests do not count), in which you ask to indicate whether you have accounts or debts with the bank. Composition3. This is an application in two copies, on one have them write to you that they received the application (date, position, full name, signature, seal) and keep this document. Please indicate in your application that you are asking for a response within 10 days.

3. It will not be possible to stop production, because The court decision has not been implemented. You need to resolve the issue with the bank, let them revoke the writ of execution if you do not owe them anything, and there is no reason to pay collectors (even if the bank does, then this must be properly formalized).

So, only communicate with the bank in writing; everything you send to them, put a mark that the document has been accepted. You can write a statement to the bailiff, but the money will not be returned to you. In general, we need to understand this situation, why there is no information about the bank account number in the writ of execution.

For now, write a letter to the bank asking them to inform you about your debts, and then with this letter you need to go to the bailiffs.

If you still have questions, write. I'll be glad to help you.

Olga (26.10.2013 at 19:33:25)

Oksana, excuse me, one more question: if the bank responds in a letter that there is no debt to the bank, and the loan was sold to a collector, and indicates the name of the CA, what should the bailiff do? She claims that she only needs a certificate that there is no debt. And if they answer the same as verbally, they say, go to the CA and sort it out, then she will not return the money to me.

If the bailiffs refuse, go to court with a corresponding complaint! And don’t even think about paying money to collectors, the sale of your debt is invalid by law, and collectors have no right to demand a debt from you! If you still need advice - write! Sincerely, Sergey Vladimirovich, [email protected]

1. VTB Bank sold my loan agreement to collectors (after my application for restructuring to reduce interest on the loan). Naturally, after this I stopped paying interest. Three years later, the bailiffs ordered me to pay the debt by a unilateral court decision to these collectors, but with an amount of 40 thousand rubles more. Is the above action legal? bank, court and bailiffs? Currently, I am a group 3 disabled person and this is my only income; I can’t imagine how to pay off the loan debt with this meager pension.

1.1. It is legal if it is provided for in the contract itself.

Lawyer Karavaitseva E.A., 57749 answers, 27406 reviews, on the site from 03/01/2012
1.2. You had to present your objections in court. If the court decision has entered into legal force, it is not obligatory for execution by virtue of Art. 13 Code of Civil Procedure of the Russian Federation.

Lawyer Kukovyakin V.N., 10320 answers, 6739 reviews, on the site from 11/16/2017
1.3. Hello, Igor Viktorovich!
Whether it is legal or not is difficult to say without having the decision itself in front of your eyes. However, given that it has already entered into force, it will be quite difficult to cancel it. Please clarify one more thing: is this a decision or a court order?

1.4. Hello Igor Viktorovich! To cancel a court order that has entered into force, it is necessary to send to the court that issued the order a petition to restore the deadline for filing an objection regarding the execution of the court order and an objection regarding the execution of the order. The petition can refer to a violation of the rules for the provision of postal services, as well as indicate the reasons why the judge had no reason to issue an order, there are many of them. Then the order will be cancelled.

After the court order is canceled, you can send an application to the court to reverse the execution of the court order to return the funds withheld from you.

2. I had a loan from Renaissance Bank for 90,000 rubles. I paid off part of the debt, but due to personal circumstances it was not possible to pay off part and the bank sold my debt to collectors in December 2017, but already 3 years after my last payment. This collection agency issued a debt of 490,000 rubles. In November 2018, this agency filed a lawsuit; I have not seen the order itself or other papers. Already in April 2019, the bailiffs collected 20,000 rubles from me. in favor of collectors, allegedly as a debt under a loan agreement. The collectors told me that they were still planning to sue me until the full amount was recovered. Do collectors have the right to sue a bank borrower several times in parts? What about the ID period? And can I challenge the court decision? I didn’t see it and the order was issued without my participation. Thank you in advance.

2.1. Hello.
Unfortunately, they have the right.
If you have not received a court order, then you should go to court and get a copy, then within 10 days you must file an objection and then the judge will cancel the order (Article 129 of the Code of Civil Procedure of the Russian Federation).
The statute of limitations can only be applied when the case is being tried in court.

Lawyer Astsatryan N.V., 41,725 ​​answers, 23,573 reviews, on the site from November 24, 2016
2.3. You can even now file an objection to the court and cancel the court order.

Lawyer Minaeva O.V., 1220 answers, 731 reviews, on the site from 09/06/2017
2.4. Good afternoon
Now the right to claim on your debt obligations belongs to the collectors and they decide how to sue you (at least sending applications for 15 rubles monthly, this is their right), so the actions of the creditor are legal. Regarding the deadlines for ID, it is necessary to analyze the documents in order to give a clear conclusion. You can challenge a court decision/order if there are grounds, and also if you have not missed the deadlines provided by law for appealing.

And then ask the collectors for a certificate of the status of the debt; they are obliged to provide it to you (in order to generally have an idea of ​​what the debt consists of). Look at the loan agreement, most likely there is a very high interest rate for the loan or a penalty (they can be reduced in court).

3. In January 2018, I completed the bankruptcy procedure for individuals. persons and was released by the arbitration court from obligations to creditors, with the exception of clause 5 of Art. 213.28 Federal Law on Bankruptcy.
1 of the loans was with a guarantor. The bank, through the court, fully collected the debt from the guarantor (the decision on collection was received before I was declared bankrupt).
There was a verbal agreement with the guarantor to repay the debt in parts, since after bankruptcy it is difficult for me to find a normal job. Now the guarantor has filed a lawsuit against me to collect the full amount of the debt from me (based on Article 365 of the Civil Code) with the seizure of accounts and property.
I would be very grateful if anyone could provide answers to the following questions:
1. Bankruptcy releases me from obligations only to the creditor, or to the guarantor as well? What is meant by “Current payments” in clause 5 of Article 213.28 of the Federal Law on Bankruptcy?
2. How big are the chances of the guarantor winning the trial?
3. Since now, after bankruptcy, I have neither property nor official work and I have a dependent minor son, to whom I regularly pay alimony according to the decision of the magistrate, I can somehow petition the court to collect the debt in installments (no more than 10 thousand per month ), and not seize bank accounts for the entire amount of debt? How to do this correctly?
4. Can the guarantor sell my debt to collectors? Before the court decision or after?

Thank you in advance!

Lawyer Radchenko A.I., 18 answers, 14 reviews, on the site from 04/17/2019
3.1. Good afternoon

1. A creditor means any person who has a property or other claim against you (paragraph 7, article 2 of the Federal Law on Insolvency, hereinafter referred to as the Federal Law). Thus, the guarantor is a creditor to you. In addition, the right to submit a claim is transferred to the guarantor from the original creditor, and he has lost the right to claim the debt in relation to you.
Current payments mean monetary obligations, requirements for payment of severance pay and (or) wages for persons working or who worked under an employment contract, and mandatory payments that arose after the date of acceptance of the application for declaring the debtor bankrupt, as well as those that arose after the initiation of proceedings in the case on bankruptcy, creditors' claims for payment for goods supplied, services rendered and work performed (Clause 1, Article 5 of the Federal Law).
2. The list of cases when obligations are not repaid as a result of the end of the bankruptcy procedure is set out in paragraphs 4-6 of Art. 213.28 Federal Law. There are no special restrictions in relation to guarantees in the legislation. Consequently, you were also released from fulfilling the guarantor’s property claim. Therefore, the guarantor has no chance of winning.
3. Due to the lack of grounds for satisfying the guarantor’s demands, it is not relevant. For reference: a party has the right to file an application for a deferment or installment plan due to a difficult financial situation, and the court must consider all these arguments (Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 No. 50). However, a positive result depends on how much evidence of a difficult financial situation the party provides. Courts do not always grant such requests.
4. The guarantor can sell your debt to collectors or other persons at any time, however, this does not change the fact that the demand is essentially invalid. Disputes about the validity of the claim between the primary and subsequent creditors will no longer affect you.
If the plaintiff filed a statement of claim against you with interim measures in the form of restrictions and the court accepted them, then it is necessary to file a petition asking for their cancellation precisely on the basis of debt write-off during bankruptcy.

4. Good afternoon. If there are court decisions, and the bank sold the debt to collectors after the court decision. DECISION to collect (...) the amount of duty (...) total (...) to foreclose on the pledged vehicle. established sales price (...)
Question. Is it possible to pay the amount in full or will I have to sell it anyway? Give it to them?
and collectors have not transferred the FSSP for three years now. We are waiting for the work of the FSSP because we are afraid to contact them. They threaten, visit relatives, say that they will take everything from them, we haven’t lived there for 5 years.
Can they not give the sludge to the FSSP and file a lawsuit for recovery for a large amount? If so, and how long can this last?

Lawyer Zakutniy A.V., 235 answers, 174 reviews, on the site from 03/08/2019
4.1. After a court decision has taken place and entered into force, collection of funds or property of the debtor can only be carried out with the participation of the SSP. The responsibility for obtaining a writ of execution and submitting it to the SSP for initiating enforcement proceedings rests with the creditor.

Lawyer S.M. Dvorova, 1509 answers, 760 reviews, on the site from 09/01/2017
4.2. Good afternoon

Firstly, the court decision was in favor of the bank.

Secondly, there are statutes of limitations for filing IL. But what will they give to the FSSP if the claimant is a bank?

Where did you get information about debt assignment?

If you are being harassed or threatened, file a report with the police.

Lawyer Kolesnik E.V., 715 answers, 449 reviews, on the site from 01/15/2019
4.3. Serafima, hello!
From your explanations, it appears that the collectors have overstayed their due date for filing the tax return, unless, of course, your debt was actually sold to them by the bank. To do this, in general, legal succession is properly formalized in court according to Ex. production.
In addition, they were late in calculating interest. I believe that you may not pay the amount of debt on this basis.
If they sue you, claim the statute of limitations.

You must write a complaint about threats from debt collectors.

According to the Federal Law of July 3, 2016 N 230-FZ "On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts, when carrying out actions aimed at returning overdue debts, the creditor or a person acting on his behalf and (or) in his interests, are obliged to act in good faith and wisely.
The creditor and persons acting on his behalf are prohibited from carrying out actions related to:
the use of methods dangerous to the life and health of people;
exerting psychological pressure, using expressions and committing other actions that humiliate the honor and dignity of the debtor;
misrepresentation regarding, inter alia, the size of the unfulfilled obligation, transfer of the issue of repayment of overdue debt to the court, and the possibility of applying criminal prosecution measures.
Collectors do not have the right, without the consent of the debtor, to transfer (disclose) to third parties information about the debtor, overdue debt and its collection, and any other personal data of the debtor. This consent must be given in writing in the form of a separate document. Moreover, the debtor has the right to revoke such consent at any time by notifying the person to whom it was given.
Regardless of the consent of the debtor, it is not permitted to disclose information about the debtor, overdue debt and its collection, and any other personal data of the debtor to an unlimited number of persons, including by posting on the Internet or through a message at the debtor’s place of work.
At the initiative of the collector, direct interaction with the debtor is not allowed on weekdays from 10 pm to 8 am and on weekends and non-working holidays from 8 pm to 9 am local time at the debtor’s place of residence (stay).

How to get out of the microloan “trap”?

How to win a lawsuit against a bank over a loan

Good luck to you and all the best!

10. The loan was taken out in 2009, it took 2 years to pay! Then they stopped paying due to lack of income. The bank sold the debt to collectors! Yesterday the accounts were frozen! The message from the bank indicates that, at the request of the collection agency! Moreover, the court made a decision at an address in a city where I have not lived for 5 years.

Lawyer Granyukov S.I., 395 answers, 277 reviews, on the site from 09/06/2015
10.1. You first need to restore the deadline for appealing the court decision on the grounds that you did not receive it and did not know about the time and place of the consideration of the case. At the same time, you must also file an appeal against this decision. These actions will help to suspend or terminate enforcement proceedings against you.

Lawyer Eremin A.V., 158 answers, 101 reviews, on the site from 01/13/2013
10.2. The court made a decision in absentia, you have the opportunity to cancel it by submitting an application to the court who has drunk the decision to cancel the decision in absentia due to failure to properly notify about the trial. Well, after 2009, if they apply again, maybe their statute of limitations has passed three years. When there is a court ruling to cancel the decision, take it to the OSP so that the enforcement proceedings in your case are stopped...

Lawyer Stepanov V.I., 36189 answers, 15922 reviews, on the site from 10/15/2011
10.3. Most likely there was a court order that must be canceled within 10 days by virtue of Art. 129 Code of Civil Procedure of the Russian Federation. In what area was the judgment issued? For help, you can contact a lawyer in your region.

With respect, lawyer in Volgograd - Stepanov Vadim Igorevich.

11. By court decision, the entire amount was paid directly to the bank. The bank did not provide a certificate of absence of debt, did not revoke the writ of execution from the FSSP, and removed the property from the register of collateral only a year after the execution of the court decision. Next, the bank sold to the collectors the amount of debt that, according to the bank’s documents, was registered with me. What is the way out of this situation?

Lawyer Voronchikhin D. A., 7230 answers, 4632 reviews, on the site from 11/14/2018
11.1. Do you have proof of payment of the debt to the bank? How did you pay? Receipts, bills, etc. are there? You need to contact the bailiff with documents, show that payment has been made and stop the proceedings. If you really paid everything, the bank had nothing to transfer to the collectors and their agreement will be invalid, you need to prove the fact of paying the debt in full.

12. What should be my actions and what articles should I refer to? This is the situation. In 2011, I took out a loan from Alfa Bank. Couldn't pay. The bank sued. Enforcement proceedings were initiated through the bailiffs. After the expiration of time, the enforcement proceedings were closed. This is about three years ago, even more. During this time there was no more word, as they say, from either the bank or the bailiffs. But literally two weeks ago, collectors started calling me, being rude (the conversations were recorded), demanding repayment of the debt. To my question on what grounds they demand from me the debt that I had to the bank, they answer on the basis of the transfer of the contract. In response to my question, provide me with a document, namely a court decision, on the basis of which the bank transferred the debt to them after a court decision in which the bank is the plaintiff and I must directly repay the debt, I hear the answer that on the basis of a license agreement, without the permission of the court, the bank has the right sell my debt. My answer is that all the statute of limitations have already passed and in order to repay the debt I will have to go to court, they answer that I should go to court or endure these calls from boors. Next, in order to view the papers for which they demand a debt from me, I have to go to their website or the website of the central bank and find out there. BUT there is no information about me and this bureau there. Although it exists in the register of the bailiffs. I’m calling Alfa Bank today to file a complaint against the debt collectors... and here’s the most interesting thing... their employee tells me that they simply don’t have my data in the bank’s database... where the collectors got the debt from, they allegedly don’t know and are sending me to deal with them. Miracles! Do you agree? Well, how can I resolve my issue with debt collectors within the framework of the law, which articles to refer to? Thank you in advance.

Lawyer Obolonskaya T.N., 2689 answers, 1717 reviews, on the site from 09/24/2018
12.1. You were required to be notified in writing about the assignment agreement and the transfer of the creditor's rights from Alfa Bank to the collection agency.

According to Part 1 of Article 385 of the Civil Code of the Russian Federation, the debtor has the right not to fulfill an obligation to a new creditor until he is provided with evidence of the transfer of rights to this creditor.

If collectors pester you with calls, are rude, or threaten you, contact the police.

By a court decision, my house was seized for loan debts to the bank. The bank sold my debt to a collection agency in November 2017. Does the collection agency have a statute of limitations after which I can lift the lien on the house? I don’t pay my loan debt; collectors haven’t called or bothered me since 2017. Read answers (1)

13. I lost my job and couldn't pay off the loans I had. After some time, the banks took the cases to court and after that there was a court decision, which was handed over to the bailiffs. After another half a year, I received a call from a collection agency and offered to pay them for one of the loans. Allegedly, the bank sold them my debt. Several questions arose: 1) Is it legal to transfer the debt to another company after a court decision? 2) I'm talking about this. I don’t know anything about the agency, they only told me over the phone where to pay. Those. I don’t have any papers stating that I will have to pay them. 3) What to do with judicial collection then? After all, if I pay these collectors from the court. will the bailiffs still have my debt and will they also demand it? What should I do in this case?

Lawyer Kondukov A. S., 752 answers, 505 reviews, on the site since 08/22/2018
13.1. These are scammers. After the court's decision, you interact only with the FSSP. I recommend telling your bailiff about these “collectors.” If you pay, then only through the FSSP! ! ! There should NOT be ANY other organizations between you and the bank.

14. In 2006, he became a guarantor for one person. He took out a cash loan from a savings bank to purchase a car. The amount was 180,000 rubles. I don’t remember for how long. After the first payment he stopped paying. The bank sued. By decision of the court, they were ordered to pay the amount of 171,000. The balance of the debt. It doesn’t matter to the bank that it will be extinguished. They can’t find a borrower, but I’m always in touch. So they call. Only the bank, after a long period of non-payment, sold this debt to collectors. They were sold by the collection bureau to another bureau. And letters come to me at my registration address about debt repayment. Question: Is there a law according to which my guarantee can be removed after the statute of limitations has expired? I just want to take out a mortgage and my credit history, as I understand it, is dirty.

Lawyer Datskevich K. E., 11,000 answers, 7,296 reviews, on the site from 07/02/2018
14.1. While the obligation exists, unfortunately the guarantor cannot refuse it, on the other hand, if the court decision is aimed at collecting only the main debtor and you are not included in it, then the court will not collect anything from you yet, so in principle you still need to wait for the court on YOUR case guarantee, do not communicate with debt collectors or talk to them, or better yet, refuse to interact in writing at all and wait for YOU to be judged in court; this debt can be canceled since the statute of limitations on it has already passed for 7 years.

Lawyer Razuvaev I. O., 210 answers, 137 reviews, on the site from 09/06/2018
14.2. The debt will be collected to the last by hook or by crook, the credit history is 100% dirty.

15. Can a bank transfer/sell a debt to a collection agency if the bank itself already sued three years ago, then used. sheet to the bailiffs, the bailiffs described my property and closed the proceedings, because I have no income, I have nothing more to collect from me, I am unemployed. Now the collectors are writing that the debt was transferred to them in 2018 under an agreement with the bank, i.e. three years after the trial. Do they have such a right? Does the bank have the right to transfer the debt to the bailiffs if the bank has already filed a lawsuit for this amount, the decision has already been made in favor of the bank, and the enforcement proceedings are closed?

Lawyer Kuzin E.I., 18041 answers, 8287 reviews, on the site since 04/14/2016
15.1. Yes, the bank has the right, under an assignment agreement, to assign your debts to collectors, and the collection agency will have to apply to the court to replace the debt collector. However, the twist may be different: the bank may conclude with the collectors not an agreement on the assignment of the right of claim, but an agency agreement and issue a corresponding power of attorney. But collectors, in turn, can represent the interests of a credit institution. The bank has the right to present a writ of execution to the bailiffs within 3 years after such a document was returned to them, due to the lack of property.

16. After the court decision, the bank sold the debt to collectors, what should I do?

Lawyer Rudenok V.N., 5015 answers, 2313 reviews, on the site since 01/31/2013
16.1. POSSIBLY, you are talking about legal succession in enforcement proceedings... then this is quite legal, but it can be challenged if there are grounds for this... If the bank sold the debt under an assignment agreement, then this is illegal and a reason to go to court.

17. In 2012, a Tinkoff Bank credit card was issued, payments were regularly made until January 2014. After this period, there were no contacts with the bank, the phone number changed, and she began to live at a different address. Regular letters of happiness, not registered letters, arrived at the old address. In December 2014, the bank sold the debt to PHOENIX LLC. Now I am again living at my old address with my family. My last name has changed. PHOENIX LLC turned to the magistrate and received an order to collect the amount of the debt. The bank's final demand for repayment of the debt was in June 2014. This means that the statute of limitations has passed, because there were no contacts, correspondence or communication with the bank or collectors. Then why did the court decide to recover this amount? If you now write a statement about missing the statute of limitations, is there a chance that the court will still uphold its decision?

Lawyer Astsatryan N.V., 41,725 ​​answers, 23,573 reviews, on the site from November 24, 2016
17.1. Hello! The limitation period is applied only by the court and only at the request of the defendant. First of all, you need to overturn the court's decision.

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
17.2. Hello Valentina! First, you must cancel the court order; you have 10 days to do this from the date of its receipt. The limitation period must be declared at the court hearing if the creditor goes to court.

18. In 2012, a Tinkoff Bank credit card was issued, payments were made regularly until January 2014. After this period, there were no contacts with the bank, the phone number changed, and she began to live at a different address. Regular letters of happiness, not registered letters, arrived at the old address. In December 2014, the bank sold the debt to PHOENIX LLC. Now I am again living at my old address with my family. My last name has changed. PHOENIX LLC turned to the magistrate and received an order to collect the amount of the debt. The bank's final demand for repayment of the debt was in June 2016. This means that the statute of limitations has passed, because there were no contacts, correspondence or communication with the bank or collectors. Then why did the court decide to recover this amount? If you now write a statement about missing the statute of limitations, is there a chance that the court will still uphold its decision?

Lawyer Astsatryan N.V., 41,725 ​​answers, 23,573 reviews, on the site from November 24, 2016
18.1. Hello! The limitation period is applied only by the court and only at the request of the defendant. First of all, you need to overturn the court's decision.

Lawyer Martirosyan A.S., 627 answers, 462 reviews, on the site from 03/28/2011
18.2. It all depends on when you learned about the court order. The Civil Procedure Code of the Russian Federation provides the debtor with the right to file objections to a court order within ten days from the date of receipt of the court order. These objections are grounds for canceling the order, after which Phoenix LLC may apply to the court in a simple lawsuit to collect the debt. During the court hearing, before the court makes a decision, you can declare that the statute of limitations has passed, and if the period has actually been missed, the court will refuse to satisfy the claim.

19. The situation is as follows. I had a Sberbank credit card, money was withdrawn from it without authorization by fraud, I contacted Sberbank with documents confirming that it was not me, but they refused to proceed with me, after which they sued me and, by absentee decision, without inviting me to the meeting, they decided to collect from me the amount lost plus interest. How to correctly submit a counter-application and prove that this is a fact of fraud, oblige the bank not to collect the amount that I did not take and note the interest. On top of that, the bank received credit card insurance and sold the debt to collectors, but enforcement proceedings still exist! Help me to understand.

Lawyer Shamolyuk I.A., 61032 answers, 25767 reviews, on the site since 11/07/2009
19.1. If you were not invited, then it was a court order, not a default judgment. The fact of fraud has nothing to do with the fulfillment of loan obligations. You were still obliged to pay, and then collect these amounts from the scammers. You had the opportunity to overturn the court's decision. I think you've already missed all the deadlines. To answer you in more detail, you need to look at all the documents. It's not up to you to prove fraud. You should have written a statement to the police. Only a court verdict on criminal prosecution for fraud can be evidence.

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
19.2. Hello Tatiana! I can easily prove to the court that you did not receive any money from the bank, since the fact of the transfer of funds can only be confirmed by primary accounting documents, which the bank cannot present.

20. Can a bank, after a court decision, sell the debt to collectors and how will this happen if the debt is already being calculated? Will this money be taken into account and the debt should be reduced when selling to collectors?

20.1. Hello! Yes, this is possible if the sale of debt to third parties was provided for in the loan agreement. In this case, the new creditor will apply to the court to replace the party in the enforcement proceedings.

21. There was a court hearing on a claim regarding a loan, whether after the trial a bank can sell the debt to collectors without a court decision to transfer the debt to another borrower.

Lawyer Luneva N.G., 1581 answers, 713 reviews, on the site from 08/06/2009
21.1. The bank can sell the debt to collectors. As a rule, the collection company then goes to court to replace the party in the case.

22. I urgently need advice on how to act in this situation: I am a credit debtor, the bank sold the debts to a collection agency. I only spoke with collectors twice. The first time they called, they began to “intimidate” me in their own way about how scary everything was and how much I would owe them. Having studied all the nuances, our second conversation was the last. I said that I would pay off the debt only after the trial, they say, sue me. Nobody called me anymore. Recently I received a letter from a bailiff at work, ordering the recovery of wages in the amount of 50%. I agree to pay off the debt, but exactly 50% of my salary goes to renting an apartment. And if deductions start, I simply have nothing and nowhere to live. Tell me, can I or a lawyer file an application with the court that made the decision to reduce the percentage of deductions from wages? I pay 50% for rent + about 10% of the remaining I pay for other loans (they are small, monthly payment is about 2,000). In relation to my debts, this is already the second enforcement case, the first one was closed by the bailiff with the note “Debt”. I contacted a lawyer, he suggests that I contact a third-party bank for refinancing. But, if the bank sold the debts to collectors, is refinancing possible? Tell me, please, what to do in such a situation? Time is running out, I can’t pay off the entire debt at once according to the bailiff’s order, because I don’t have that kind of money. 50% of the salary will also “cut off oxygen”. Vicious circle. Achievable payments for me are 25-30%. There are no children to support, and no property either.
Thank you!

Lawyer Markov K.N., 8800 answers, 3965 reviews, on the site from 04/12/2015
22.1. You have the right to apply to change the procedure and terms of payment of the accumulated debt.

According to Art. 37 of the Federal Law “On Enforcement Proceedings”, a claimant, debtor, bailiff has the right to apply for a deferment or installment plan for the execution of a judicial act, an act of another body or official, as well as to change the method and procedure for its execution to the court, another body or to the official who issued the executive document.

If the debtor is granted a deferment in the execution of a judicial act, an act of another body or official, enforcement actions are not performed and enforcement measures are not applied within the period established by the court, other body or official that granted the deferment.

If the debtor is granted an installment plan for the execution of a judicial act, an act of another body or official, the executive document is executed in that part and within the time limits established in the act granting the installment plan.

In accordance with Art. 203 of the Code of Civil Procedure of the Russian Federation, the court that examined the case, according to statements of persons participating in the case, the bailiff or based on the property status of the parties or other circumstances has the right to postpone or extend the execution of a court decision, change the method and order of its execution.

These applications are considered in court. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the consideration and resolution of the issue raised before the court.

23. Does the bank, after a court decision to pay the debt under a writ of execution, have the right to sell the debt to collectors? The debt is paid monthly without delay.

Lawyer Terentyeva M.I., 528 answers, 361 reviews, on the site from 09/05/2017
23.1. Hello!
It has. But the new person must show you the court order to replace the recipient of the debt. That is, the bank received its money from the collector, now you are paying the money to a third party. Something like this.

24. In 2015, I took out a loan of 200 tons, paid regularly for a year, and went on maternity leave. A month before leaving, she warned about a change in her financial situation, having written a statement, the bank responded by refusing to refinance and restructure them. We talked for 4 months and again without results. Collectors arrived, the phone was hot from their calls, they sent fake letters with statements that they had filed a lawsuit, that in a week you should expect bailiffs. In March 2017, an order allegedly arrived from the bank that they had sold the debt (the letter casts doubt that it was the bank). It was sent from another city, without a copy of the contract and an extract from it that the debt was sold, her signatures are alive and her seal is in doubt. Then the collectors sent a letter that they had the debt and also in the form of a copy. In December, the collectors filed a lawsuit with the Magistrates' Court, I wrote an objection, and perhaps it will be cancelled. If they go to another court, is a positive decision possible? I don’t refuse to pay, but only after I go to work after maternity leave. However, it is not yet clear who to pay.

Lawyer Mokrushin L.A., 3697 answers, 3048 reviews, on the site from 12/11/2017
24.1. Good afternoon St. Petersburg, in your case there is a standard loan delinquency scheme, at first you were harassed by employees of the bank itself. 1st stage of delinquency (cold calls), 2nd stage of delinquency (direct visit to the client) 3rd stage of delinquency (legal proceedings)
There is only one way out, since the beginning of 2017, only licensed organizations have been engaged in debt repayment, in accordance with Federal Law of July 3, 2016 N 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts. Therefore, feel free to contact this organization, contact management and explain the situation, remember they got your debts for no more than 10%, so be more confident and don’t follow their lead

Lawyer Svetsov S.Yu., 4004 answers, 1141 reviews, on the site from 01.11.2012
24.2. Good afternoon If the order is cancelled, then, as a rule, they will go to the district court with a statement of claim, where you can only reduce the penalty under Article 333 of the Civil Code of the Russian Federation, but you will receive the debt in any case.
Do you have one loan?

25. The situation is as follows. I paid my mortgage regularly. Then I got sick and didn’t pay for half a year. There was a trial. They awarded the Nth amount and sold the mortgaged apartment. After 5 days I sold the apartment. I paid off the debt (but there was a small amount left due to the court). That was 3.5 years ago! But despite this, the mortgage note (which was given to me) was probably stamped by mistake and written: “all obligations under the loan agreement N... dated... have been fulfilled.” Next they called the bailiff. After I showed this document, they advised me to sue the bank and enforce it. The production was closed, the papers were returned to the bank... supposedly there was nothing to take from me. A month ago, Clover collectors started calling and claiming that they represented the interests of the bank and that they had an agency agreement with them. And they ask me to return as much as 2 million 900 rubles.
Tell,
1. did the bank have the right to transfer information to third parties if the agreement prohibited this?
2.Does the bank have the right to accrue penalties during these 3.5 years after a court decision?
3. Is there a limitation period in this case?
4. Should I negotiate with debt collectors or just ignore them?
5. Is the bank’s seal on the mortgage that all obligations have been fulfilled grounds for not paying me anything more and filing a lawsuit?

Lawyer Kholodilova I.V., 21868 answers, 13003 reviews, on the site from 05/15/2013
25.1. Hello!
1) no
2) has, if the loan agreement is not terminated
3) IDA is applied only by the court and at the request of one of the parties
4) you can ignore them, they are mostly just scary
5 no it is not.

Lawyer Okulova I.V., 48692 answers, 25096 reviews, on the site from 11/17/2015
25.2. In this situation, you need to find out whether there is an agreement on the assignment of claims for the balance of the debt.
You have the right to apply the statute of limitations in accordance with Article 196 of the Civil Code of the Russian Federation.

Lawyer Eremin A. A., 4108 answers, 2143 reviews, on the site from 10.31.2016
25.3. Good afternoon.
1. The bank may transfer the right of claim to a third party. The question is why they didn't notify you.
2. Here you need to look at what was collected in court, and for what the bank charged penalties. The penalty may be accrued until the debtor fully fulfills the monetary obligation.
3. Here you need to look at what requirement exists. If there was a court decision and it was not fully executed, then the creditor can demand its execution for at least some time.
4. It is better not to have any conversations with them and send them to court. They can only call you and ask you to pay off the debt. If the debt is sold to them, then let them collect it in the manner prescribed by law.
5. Just a stamp on the mortgage does not mean anything, if the amount is not fully repaid, they have the right to demand repayment.

Lawyer Barkov D. A., 111 answers, 56 reviews, on the site since 11/08/2017
25.4. Hello!
1.Prohibited
Article 26. Bank secrecy
(as amended by Federal Law dated June 29, 2012 N 97-FZ)
(see text in the previous edition)

A credit organization, the Bank of Russia, an organization performing the functions of compulsory deposit insurance, guarantee the secrecy of transactions, accounts and deposits of their clients and correspondents. All employees of a credit institution are required to keep secret transactions, accounts and deposits of its clients and correspondents, as well as other information established by the credit institution, unless this contradicts federal law.
2.If the loan is repaid, no additional interest or penalties may arise
3.: Civil Code of the Russian Federation Art. 196 clause 2
The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established, with the exception of cases established by Federal Law No. 35-FZ of March 6, 2006 “On Combating Terrorism.”
4. Send all debt collectors to... court. Let them prove the existence of grounds for such demands.
5.The purpose of the seal is to confirm the authenticity and correctness of the signature of officials. According to this it is.
Sincerely.

26. The bank, after a court decision, seizure of property - part of it by a bailiff, and sending a writ of execution to work to me, sold the debt to collectors without my knowledge. At the moment they started calling me and sending me SMS messages about a meeting to seize property by collectors. Are the actions legal?

Lawyer Kholodilova I.V., 21868 answers, 13003 reviews, on the site from 05/15/2013
26.1. Hello! To change the creditor, the debtor's consent is not required. After the sale of the debt under the assignment agreement, the bank was obliged to notify you of the assignment of the claim.

Lawyer Kolkovsky Yu.V., 100658 answers, 46975 reviews, on the site from 07/05/2015
26.2. Good afternoon. The bank’s actions are absolutely illegal, as are the actions of the collectors; write a complaint against both of them to the prosecutor’s office.

Lawyer Mikhailovsky Yu.I., 79744 answers, 29763 reviews, on the site from 06/28/2013
26.3. The actions of those frostbitten by the collector are not legal
the bank could sell the debt. Neither bankers, nor, especially, collectors can force you to pay, they have no authority, and if they threaten, extort, insult, then based on the fact of threats, extortion, etc., you can file a complaint with the Police or the Prosecutor's Office. Officials of the Federal Bailiff Service of Russia (Bailiffs) can enforce the Court's decision.

Article 10 of the Federal Law "On the Prosecutor's Office of the Russian Federation". Consideration and resolution of applications, complaints and other appeals in the prosecutor's office 1. The prosecutor's office, in accordance with their powers, resolves statements, complaints and other appeals containing information about violations of laws. The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor. 2. Applications, complaints and other appeals received by the prosecutor's office are considered in the manner and within the time limits established by federal legislation. 3. The response to an application, complaint or other appeal must be motivated. If the application or complaint is refused, the applicant must be explained the procedure for appealing the decision, as well as the right to go to court, if provided by law. 4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice persons who have committed offenses. 5. It is prohibited to forward a complaint to the body or official whose decisions or actions are being appealed.

Lawyer Kravchenko P. Yu., 4649 answers, 2026 reviews, on the site from 02/15/2017
26.4. Hello. Currently, it is possible to assign the right to claim a debt to a third party when drawing up documents. However, succession must be carried out in court. Therefore, if the defendant is not replaced by the court, then they are acting illegally.

26.5. The assignment of the right to claim a debt is also possible at the stage of enforcement proceedings. The bank should have notified you about this. Collectors have no right to seize property.

Lawyer Chulanova L.V., 368 answers, 207 reviews, on the site from 09/28/2016
26.6. Good afternoon. Collectors do not have the right to seize any property, since they are not vested with such powers by the state. It's better not to talk to them at all. And the assignment of the right of claim can be challenged in court.

Lawyer Pilipaka A.V., 4330 answers, 2273 reviews, on the site since 10/22/2015
26.7. Hello,
If the sheet is still being executed by the bailiffs, then no, it is not legal. The writs of execution must first be revoked, after which a decision must be made to replace the claimant.

27. In 2015, a trial took place between me and Sberbank, Sberbank filed a lawsuit against me and the guarantor for the return of the debt in the district court, we lost this case, a decision was made to repay the debt to the bank, but in 2016 we filed a lawsuit due to newly discovered circumstances, that is, the bank at that time he sold my debt to collectors and after that he sued me, that is, he misled everyone that he no longer had the right to sue me, legally the collectors should have filed a lawsuit, but they did not do this, they only later provided the paperwork for the purchase and sale of cessions no one knew about this that my debt was bought up by collectors, so we went to court in February 2017, a court was held, Sberbank had already abandoned the claim, the collectors were most indignant, saying how is this possible, as a result, in February 2017, a decision was made again due to the circumstances that were discovered, Sberbank refused the claim, 30 days to appeal, no one began to appeal, neither Sberbank nor collectors, well, that’s not the case 09/19/17 they seize all my accounts from the guarantor, they come to the bailiffs, we ask on the grounds why the accounts were seized, they answer, we have a writ of execution from 28 12 15 to collect the amount in favor of the collectors, this is when we lost to them for the first time, he explains that we have a decision from 17 where it says Sberbank refuses the claim, the bailiffs don’t even want to listen to it, let alone read the decision of the district court, please tell us what we need do in this case.

Lawyer Akhmedov T.F., 51335 answers, 24319 reviews, on the site from 04/21/2016
27.1. Hello.
Bailiffs act on the basis of a writ of execution. You should contact the court that issued the writ of execution and demand that it be revoked.

Lawyer Apol S.V., 1993 replies, 990 reviews, on the site from 10.10.2009
27.2. Hello, please submit a written application to terminate enforcement proceedings and cancel the order to seize the accounts, attaching a ruling to cancel the court decision on collection and a new decision to refuse to satisfy the claims. If you receive a refusal, you can appeal the actions of the bailiff to the prosecutor's office or to court.

Lawyer Abrosova I.V., 2989 answers, 2004 reviews, on the site from 09/12/2017
27.3. Good afternoon Appeal the actions of bailiffs in court, file complaints against the chief or senior bailiff. All the best.

28. Question about the loan. There is an heir and he entered into the inheritance, they simply did not look for him. The BANK filed a lawsuit, the case was dismissed due to death, the bank sold to collectors, the collectors went to the magistrate's court, the court order was not canceled, because the defendant died. I'm afraid that the bailiffs, as executors of the court order, will contact the heir. Then the heir files a petition to skip the limitation period of 4 years after the court decision. Also, the bailiffs can cancel the order if I show the death certificate and the court decision from 2013, the court was without an heir and they didn’t even look for him, although the bank and the judge could change the defendant. The question is how to stop this fuss so that the debt is written off.

Law firm LLC "Legal Supermarket TsVD Mozhga", 134 answers, 65 reviews, on the site since 07/19/2017
28.1. the heir files a petition to skip the limitation period of 4 years after the court decision. Also, bailiffs can cancel the order if I show a death certificate and a court decision from 2013
Hope, everything is correct, you will do so.

29. There was a writ of execution for a loan in 2013, the Ufa court did not notify me about this, after the petition the court decision was canceled. In 2015, the bank notified that it had transferred the debt to collectors; in 2017, a writ of execution came again, by the decision of a local court, again, no summons, no notification, but simply before the fact. That is, it turns out that the bank sold the debt without a court decision, and another office condemned me without my knowledge. They were not summoned to appear in court. How to appeal a court decision?

Lawyer Pautina E.Yu., 55101 answers, 24260 reviews, on the site since 12/13/2011
29.1. Konstantin, in order to help you, you need to look at the judicial acts that were issued earlier, do you have them in your hands?
If you believe that your rights have been violated, then of course you need to appeal the decision.

Lawyer Bogolyubov A. A., 19237 answers, 12726 reviews, on the site from 07/22/2017
29.2. Dear Konstantin! For a more detailed consultation and the opportunity to fully answer your questions, you need to look at all the documents that you have. Good luck

30. There is an overdue loan. The amount is 220,000 at the time of receipt. At the time of the delay after the trial, they calculated 251,000 with interest deduction, etc. ., although there were receipts within 1 year, and the delay was also almost a year before the trial. The trial went through and rendered a decision with a final amount of 251,000 in January 2017. The bailiffs have the court decision and the bank sold them my debt, now there is data on the court website. bailiff But since July, SMS began to arrive saying that they would come and describe everything, so that the entire debt would be paid within 3 days, etc. And 07/25 arrived (although the date on the letter is 07/17) Please tell me about this letter, should I be afraid and what should I do? And why is my debt with both the bailiff and the collectors? There is a court decision. And where do these percentages come from again? Thank you in advance.

Lawyer Kugeiko A.S., 86,702 replies, 38,690 reviews, on the site since 12/05/2011
30.1. Hello, Collectors are just mentally scaring you and you shouldn’t pay any attention to them, pay your debts only through the bailiff service
As for interest, if your contract is not terminated, then it may continue to accrue
I wish you good luck and all the best!

Lawyer Antyukhin A.V., 328986 answers, 123201 reviews, on the site since 08/16/2011
30.2. Hello, yes, bailiffs can describe property to pay off a debt. You have the right to write an application for an installment plan or deferment of debt payment. Courts usually accommodate borrowers halfway.

Law firm LLC "PRAVOPRO", 20568 answers, 12061 reviews, on the site since 05/18/2017
30.3. Ekaterina, good evening!

No, of course, this is not legal, you can write a statement about extortion. You don’t even have to interact with collectors - you had an agreement with the bank and now you have an obligation to the bank under a writ of execution.

Best wishes to you!

Lawyer Shevchenko O.P., 177970 answers, 77656 reviews, on the site since 04/27/2009
30.4. A bailiff can come to your apartment and describe the property. To prevent this from happening, you can apply to the court for a deferment or installment plan.

Lawyer Nikitina Yu. V., 6925 answers, 4245 reviews, on the site from 05/28/2017
30.5. Good evening, Ekaterina
If there is a court decision and a writ of execution has been issued based on the decision, then bailiffs should handle the collection
Collectors have nothing to do with this, send them to hell
Where do these percentages come from, you need to look at the court decision
If you were not present at the court hearing, then you should familiarize yourself with the case materials, obtain a copy of the court decision and file a complaint against the decision
During the appeal, enforcement proceedings can be suspended.

Lawyer Akhmedov T.F., 51335 answers, 24319 reviews, on the site from 04/21/2016
30.6. Hello.
Collectors cannot describe anything about you. They just scare you.
If enforcement proceedings have been initiated, I advise you to pay only the bailiffs.
You can apply to the court that made the decision and ask to defer and/or pay the debt in installments.

Lawyer Sopko V.K., 23169 answers, 13308 reviews, on the site from 01/16/2017
30.7. Catherine. Good evening. Do not even think about responding to letters from debt collectors. Any answer, recognition. Collectors have very limited options. They cannot come and describe. They're just bluffing. You don't have to talk to them. And the bailiff has opened proceedings (executive) and he can describe and seize property. If there is a summons to court, check the statute of limitations (3 years), forgive me to reduce the penalty. Postpone or defer
execution of the decision.