The statute of limitations on a loan is a very relevant issue at the moment. Many people quite often may face certain financial difficulties, and therefore this issue is relevant. For example, a person, due to crisis circumstances, suffers losses and cannot return the loan funds, or the license of the bank was temporarily revoked. Below in the article we will consider what to do if the statute of limitations has expired.

What is important to know about the statute of limitations?

A person who has taken credit funds needs to remember some nuances that may be useful. The agreement between the bank and the client states that credit funds are provided on the condition of their mandatory return. Based on this, the borrower's loan obligations remain until the expiration of the period specified in the relevant document.

That is, in this case, it is not about the time for which the borrower must repay the debt, but about the period within which the bank can collect the loan and the interest due to it, as well as other charges in court.

There is a provision in the current legislation of the Russian Federation under which a financial institution does not have the right to demand the fulfillment of obligations that were assigned to the debtor. These provisions include the expired limitation period for the loan.

How long can the loan be repaid?

The period for collecting credit funds from the debtor is three years. Moreover, this period originates from the first violations of the conditions by the debtor. This provision is regulated in accordance with Part 1 of Art. 200 of the Civil Code of the Russian Federation. In addition, regardless of when the fines for violation of the loan agreement were accrued, their limitation period will expire simultaneously with the principal debt.

If the loan agreement does not specify the period for collecting the debt, then it will begin to be calculated from the last delay in payment. In the event that no payments are received within 3 months (90 days), the financial institution may require the debtor to return the entire amount that was specified in the contract. In the event of such a situation, the period will be calculated from the moment this request is made by the financial institution.

It is worth knowing that even if the limitation period for a loan has expired, this does not mean that a financial institution cannot file a claim with the relevant authorities and demand the return of the debt. In addition, in half of the cases, the court may decide not in favor of the debtor. You can challenge the claim by filing an appeal with the judicial authorities, referring to Article 200 of the Civil Code "On the expiration of the period for collecting credit funds."

But even despite the fact that the borrower counters with legislative provisions, in some cases, financial organizations can seek refusal through the courts.

The reason for this may be:

1. Sending a statement of claim to the relevant authorities by a financial institution even before the expiration of the limitation period on the loan.


2. Carrying out work to fulfill contractual obligations.

In the latter case, the creditor may try to resolve the issue out of court by the following methods:

• Send an official letter to a citizen. However, in this case, it must be proven that the letter was received by the borrower.


• When recording a telephone conversation with the recognition of the borrower's own debt. In this case, the entry should be made only after notification and consent of the borrower.

But also the debtor can help to extend the recovery period. That is, the statute of limitations will be extended if:

• Documents were signed by the citizen that relate to the appeal of the loan debt.


• Part of the loan has been paid (even if this amount is minimal).


• The citizen himself recognized himself as a debtor to a financial organization.

If at least one of the above circumstances took place, the term for loans will be recalculated.

When can a borrower be recognized as a fraud?

Using the statute of limitations in order to avoid the return of credit funds can turn out to be unpleasant consequences for a person. That is, in addition to sending a statement of claim to the judicial authorities, the bank may apply to law enforcement agencies in order to initiate a criminal case against the borrower under Art. 159 of the Criminal Code of the Russian Federation "Fraud". In this case, an unscrupulous bank client may find himself in a more difficult situation than he expected.

In order to avoid such consequences, the borrower is required to send a notice of temporary insolvency to the financial institution to repay the debt.

Also, evidence that a citizen did not have malicious intent may be:

• Making mandatory payments on the loan (at least a few).


• The presence of movable and immovable property that was provided as collateral.


• If a small amount of the loan is not paid.

It is important to know that if the debt collection period is missed, then the creditor does not have the right to prosecute the citizen through the court under Art. 159 of the Criminal Code of the Russian Federation "Fraud".

Debt collection with debt collectors

Often, after the expiration of the collection period, some banks can forget about the unscrupulous client by selling his debt to collection companies. Accordingly, collectors will demand debt from the borrower. In addition, the amount of the surcharge provided by the collectors can start from 50% to 200-300% of the initial volume.

However, if the contract did not provide for the transfer of debt to third parties, then the citizen is not obliged to do anything. That is, he should not give any debts to private companies that specialize in collection.

But, nevertheless, if the debt was sold by a financial organization to collectors, a citizen can observe similar phenomena.:

• A visit by collectors to the place of work of the borrower.


• Attempts to pressure neighbors in order to obtain funds.


• Regular calls during the day with insults or threats to the life and health of the debtor and his close relatives.


• Damage to property (breaking windows, paint on the door, etc.).

If a citizen is under pressure in this way, then he can safely send a statement to the prosecutor's office. In this case, both the collection company and the financial organization itself will be held liable, since the rights of a citizen were violated (transfer of personal data to third parties, as well as interference with personal life).

Of course, it is possible to avoid the return of credit funds, however, such cases are an exception. In addition, financial institutions file lawsuits with the judiciary before the period for collecting credit funds expires. But even if a citizen managed to avoid debt, he may face such a consequence as a bad credit history. Simply put, you can forget about getting a loan for 10-15 years. As for the bank that was not credited, it puts the borrower on its black list, which has no statute of limitations.

For our readers, the question is very relevant: after what time is the unpaid loan canceled, and the debt will be considered "forgiven"? Today we will take a closer look at this situation, and give you some recommendations on how you can take advantage of it.

Credit limitation period

Indeed, there are people, and there are many of them, who got into unpleasant situations related to the problems of paying debts on bank loans. Most citizens of our country have the idea that the creditor will write off the debts anyway, and therefore if there are problems, then there is no need to pay.

In the courts of the Russian Federation, cases are considered almost daily on statements of claim against debtors. As a result, issues are resolved by selling debtors' property or by collecting certain amounts from wages. The percentage of outstanding loans is only growing every year. Less and less good or clean credit histories remain, read more about them in this article.

In Russian legislation, namely in the Civil Code, there are articles devoted to the terms, after which the creditor is not entitled to demand repayment of the debt from the debtor through the court. You can find it in legal documents by name, you will need to read articles from 195 to 208 of the Civil Code of the Russian Federation.

According to the information gleaned from the legislation, an important thing can be noted: the limitation period for loans is 3 years. The countdown starts from the appearance of the first delay, i.e. not from the moment of signing the contract, but from the day you did not make your monthly mandatory payment.

Is it enough to just wait 3 years for the loan to be closed?

Not everything is as simple as it might seem . In the event that you had any contact with bank representatives, for example, a telephone conversation, you received a notification letter, or you yourself applied to the bank with an application for restructuring or deferment, then for this reason the period is renewed and the countdown starts again .

The following situations contribute to the interruption of the statute of limitations:

• Dialogue on the phone with a bank employee.
• Pay even a small part of the debt.
• Signature of at least one document that relates to challenging the debt.
• Recognizing yourself as a debtor on a loan.

On the other hand, experienced lawyers say that a financial institution has no way to prove that it was the debtor who picked up the phone. In addition, if he signed for receiving the letter, this does not mean that he read it. Therefore, sometimes in judicial practice, the limitation period is counted from the date of the first delay.

What does this mean for the borrower:

1. He will need to change all his telephone numbers, if possible also his address of residence, because. calls and letters will continue to come, and cause a lot of inconvenience to the relatives and friends of the debtor.
2. In addition, he will have to close his bank accounts in advance, and find an unofficial job where wages will be paid personally.

The fact is that a banking organization, in the presence of a loan that has not been repaid for a long time, can sue you, and with a probability of 90% the case will be won. After that, the bailiffs will have the right to freeze all your accounts, as well as to come to the place of registration in order to seize the property that you own.

If a person has issued a loan for the purchase of housing with him as collateral, then bailiffs can easily get into the apartment and sell it to another person. The proceeds will be used to pay off the debt. It is much more difficult to do this with movable property, such as a car, since the debtor can hide along with what is pledged.

Will the debt be closed if the statute of limitations has passed?

Please note that the expiration of the period for a credit claim must be confirmed in court. In other words, upon the arrival of the period established by law, you yourself must go to court in order to obtain the appropriate document, this does not happen automatically.

So, let's assume that you have taken all precautions, changed your address and receive a salary informally, cut off all contact with the creditor and your relatives. Is it possible in this case to count on the fact that after 3 years your debt will be canceled?

Unfortunately no. The law says that after the expiration of the limitation period, the bank will not be able to collect debt from its client through the courts, but it will still be able to demand repayment of the debt from you using calls, letters and other things. The only way to stop this is to write an application for the withdrawal of personal data.

In addition, the banking company has every right to sell your problem loan to collection agencies, if such an opportunity is specified in the contract (transfer of rights to third parties).

Debt collectors are professional debt collectors who do not stand on ceremony with their clients, using not always legal methods of blackmail, threats and vandalism. What to do in this situation - we tell on the pages of our website.

Can a bank forgive a debt?

And yet, there are times when banks forgive debts. There are only a few reasons:

1. The amount of debt is insignificant and less than legal costs.
2. Departure of the life of the borrower and the absence of heirs.
3. Expiration of the statute of limitations is extremely rare.

Quite often, creditors agree to a partial write-off of debts. This is possible by a court decision if the borrower makes contact with the bank, participates in meetings and agrees with the debt. Read more about the court decision in favor of the debtor.

If you have financial difficulties and you are temporarily unable to fulfill your loan obligations, then you should not wait for the court in the hope of a complete write-off of the debt. You can use restructuring or refinancing.

• Restructuring

This is a change in the terms of payments due to objective reasons. For example, dismissal, injury and disability. You need to contact the bank, report the reasons for non-payment and draw up an appropriate application with a request to revise the conditions.

As a rule, credit holidays are provided or the rate increases in order to reduce the monthly payment. So you can solve temporary financial difficulties and keep your credit history in good condition.

Not all banks go for restructuring, in this case it is necessary to require the creditor to write a written refusal, which will be useful to you in court. In this case, all accrued fines and penalties may be written off.

• The alternative is refinancing

Its essence is to obtain a new loan from the same or a third-party bank on more favorable terms in order to pay off the current debt. You draw up a new agreement, and the funds received are transferred non-cash to your current loan agreement.

You will find interesting offers on such programs from Russian banks in this article.

Bankruptcy of an individual

Starting from January 1, 2016, individuals have the opportunity to declare themselves if their debt to financial institutions or housing and communal services is 500,000 rubles or more, and there is also a long delay. Judicial practice shows that you can declare yourself bankrupt even with a smaller amount - already from 350-400 thousand.

Limitation period for a loan- the period during which the bank can sue the borrower for reimbursement of loan funds.

The bank is ready to give someone a loan only on the condition that all the money will be returned on time and with interest. Unfortunately, this does not always happen. Quite often, a client finds himself in a difficult financial situation and simply cannot pay his debt. There are also credit scammers. One way or another, in such a situation it is often necessary to resort to such a concept as the limitation period on a loan. In the banking sector, it is used specifically in terms of collecting debts on unpaid loans and has its own characteristics.

When the client stops making the necessary payments on the loan, the bank begins to take certain actions to repay the debt:

• calls and messages to personal contacts of the client;
• calls and letters at the place of employment of the client;
• calls and letters at the place of residence of the client and at the place of residence of his relatives;
• involvement of collectors in the debt recovery procedure;
• filing a lawsuit about the existence of debt on a loan to the court.

If the loan was issued, then the obligation to repay the debt passes to the insurance company. A similar situation occurs if: the bank starts calling and writing to the guarantor of the problem client.

So the statute of limitations for a loan is the period during which the bank can take all these actions and try to repay its debt.

It is legally established that such a period is 3 years. But the main question is, from what moment does the countdown begin?

Currently, the interpretation of existing norms is not quite specific, therefore, in practice, two approaches are used:

• the countdown starts from the moment the signed loan agreement ends (this method is not suitable for other perpetual forms of lending);
• the countdown starts from the moment when the bank discovered the debt, and the client did not make a payment (at the same time, the bank informed the client about the existence of the debt, i.e. attempted to collect).

But here, too, there are a huge number of nuances of calculating the term in the bank, which ultimately lead to different interpretations of the law and allow the client and his lawyer to somehow manipulate in court. So, there are the following features of the resumption of the countdown of the limitation period for debt on a loan:

• any recorded fact of contact between the client and the bank leads to the fact that the period begins to count down again;
• if the bank puts forward a demand to the client for early repayment of the loan (in writing with an official notice), then the period begins to count from that moment;
• if the client has submitted an application for restructuring or, then the period also starts counting from scratch;
• as soon as the client has paid a part of the debt, the term starts counting from the beginning;
• if the client has paid the entire amount of the debt, then the countdown of the term generally stops.

As court practice shows, all this leads to different interpretations in the consideration of cases of loan debt. So, the very fact of contact between the bank and the client is usually called into question by lawyers, because. it is impossible to prove with certainty that it was the client who spoke to the bank representative on the phone. Those. no extension of the statute of limitations has occurred. they also often use the opportunity to significantly increase the client's debt and fine by delaying official contact with the debtor, and only then go to court.

How is debt collection carried out and is it possible not to pay?

All methods of the bank to repay a debt on a loan for individuals can be divided into peaceful methods and more aggressive ones.

Peaceful means include all telephone conversations and written notifications. At this stage, the bank and the client can still agree on installment payments, credit holidays, restructuring, etc.

More aggressive methods include the work of collectors and the solution of the problem through the courts. Collectors redeem debts from the bank, and then begin to apply their methods of returning money, which sometimes even border on criminal methods: they come to the house and work of the debtor, put pressure on him and his family. Therefore, this particular method of repaying a debt is the most undesirable.

The last stage of the proceedings on credit debt is the bank's appeal to the court. It is at this moment that the debtor thinks about whether there is a statute of limitations on the loan.

Contrary to the general misconception, the fact that 3 years have passed since the signing of the loan agreement and you can not pay is erroneous. For this to be true, the following conditions must be met simultaneously:

• throughout this period, the bank should not attempt to return its money: do not call, write to the client and do not contact him in any way;
• all three years the client himself does not try to repay his debt and somehow solve the problem, i.e. also does not call the bank, does not come to the branch and does not contact in any way;
• when three years have passed, the bank sends a lawsuit to the court, and you prepare a petition for the court to approve your right at the expiration of the debt.

Only in this case, the court will really be on the side of the client, and it will be possible not to pay. But in practice this does not happen, because in any case the bank will try to return its money by contacting the client, i.e. constantly shifting the start of the countdown.

Moreover, the existence of the concept of limitation period does not prohibit the bank from filing a lawsuit in court. He can do it at any time, even after several decades. It also extends to the right of the bank to constantly call its debtor, write letters and come to his home or work. Only a court decision, as well as the withdrawal of your personal data from the bank (for this you need to write a special application) can really stop all these processes.

Therefore, if you are interested in the question of whether there is a limitation period for a loan, then know that there is, but this does not mean the termination of your obligations to pay the debt.

802 views

In this article, we will consider the statute of limitations for a loan, find out whether banks write off debts on loans, and analyze the terms of collection under a loan agreement.

The availability of loans, combined with the unfavorable economic situation in the country, led to a significant increase in the number of outstanding loans. Very often, the proceedings between the borrower and the lender are resolved in court. However, a credit institution can return its money through the court only if the limitation period for the issue has not expired.

The period of validity is understood as the period during which a person whose rights have been violated can apply to the court. In the context of the issue under consideration, the bank initiates litigation against an unscrupulous borrower.

The limitation period for overdue loans is three years. Many borrowers mistakenly believe that the date of conclusion of the loan agreement is the starting point.

The limitation period begins from the moment when the rights of the credit institution were violated. This paragraph is legally enshrined in the Civil Code, article 200 part 1.

To establish the exact date, it is necessary to carefully review the loan agreement. The beginning of the countdown will be the date from which the borrower ceases to deposit funds into the account with the bank.

The limitation period for associated debt in the form of interest, penalties and interest expires simultaneously with the limitation period for the principal amount of the debt. The date they were issued is irrelevant. An exception will be those cases when the contract establishes that interest is paid later than the amount of the principal debt. Here, the statute of limitations will be determined separately.

If the debtor does not make payments within three months, the bank may require a lump sum repayment of the entire amount of the debt specified in the agreement. In this case, the limitation period will be considered from the moment the claim is made.

Also, debtors should remember that even after the statute of limitations has passed, the bank may sue. And there are examples of positive solutions. In this case, the debtor has the right to file an appeal, in which the requirement will be written, to recognize the limitation period has expired.

Suspension and break of time

In some cases, the limitation period may be suspended. There are several conditions for this:

• filing a claim was not carried out under the influence of force majeure;
• legally issued deferment;
• the debtor is serving in the troops located in the war zone;
• when changing the law governing the relationship of the parties.
• the parties resolve the issue out of court.

The statute of limitations may be interrupted if the borrower performs actions that may be regarded as acceptance of the existing debt. This item is spelled out in article 203 of the Civil Code of the Russian Federation.

These actions include:

• recognition of claims made by a credit institution;
• signing an amended loan agreement, which confirms that the borrower agrees with the debt;
• a client's application with a request to apply a credit holiday, provide an opportunity to defer payment, refinance a debt, etc.
• payment of even a small part of the debt.
• The presence of an act of reconciliation of mutual settlements, certified by the seal of the bank.

If at least one of the above cases took place, then the limitation period stops. After that, the three-year period is considered anew, from the moment the reason for its interruption arises. But if the debtor simply responded to the claim, while not indicating that he was responsible for this particular debt, then this fact is not a recognition. Therefore, there can be no break on it.

The total limitation period with all interruptions and suspensions may not exceed 10 years.

Is it possible not to pay the loan after the expiration of the statute of limitations?

Many borrowers who find themselves in a difficult financial situation are interested in whether it is possible not to pay a loan at all if the limitation period for it has already expired?

It is worth remembering that borrowed funds are issued only with the condition of repayment. The borrower is obliged to repay the funds in compliance with the conditions specified in the agreement. Therefore, the concept of limitation period is considered not in the context of the possibility not to pay for the loan, but in the rights of the bank to find borrowed funds through the court.

Even if the statute of limitations has passed, the bank will not forget about the debt. He will no longer initiate legal proceedings, as the court will refuse to open the case. Most likely, his employees will continue to write letters, call or try to pressure through relatives or guarantors.

If the bank is not able to resolve the issue with the debtor on its own, then the debt is in most cases resold to collection agencies. And their methods of work are known to all.

There is a lot of information on the Internet that if you withdraw the "Consent to the processing of your personal data", then all persecution should stop. In practice, this does not work. According to Article 9 of Federal Law No. 152, a bank or a collection agency has the right to continue using data about you to fulfill its own rights and interests.

However, recently a law was passed that clearly regulates the activities. They are forbidden to make calls on holidays and weekends, come to the borrower more than once a week, threaten and intimidate, harm health or property. All communication must take place strictly on weekdays. Also, they cannot disclose information about the debtor to third parties and about its debt.

Therefore, in order to avoid all this, before signing a loan agreement, everything must be carefully calculated and weighed, since its signing entails the beginning of financial obligations that must be fulfilled.

The law allows the debtor to refuse to communicate with representatives of a credit institution or collection service employees. To do this, he needs to provide his decision in writing (in the form of a registered letter or a letter delivered against receipt).

The statute of limitations for a loan from a bank that has been declared bankrupt

To pay or not to pay a loan to a bank that has gone bankrupt or lost its license? The revocation of a license does not always mean that the credit institution will be liquidated. Most often, its activities are simply suspended for a while.

With this turn of events, there are several ways to proceed.

1. The borrower can still make payments on the loan.
2. If payment cannot be made due to circumstances beyond his control, then the limitation period will be suspended (Article 202 Part 1 of the Civil Code of the Russian Federation).
3. If the bank went bankrupt, then after determining the successor, it will work to return the debts of the bankrupt bank.

Some dishonest citizens may take advantage of the statute of limitations for fraudulent purposes. They expect to take out a loan and not repay it at all. Such actions can have serious consequences. In this case, the bank may demand payment of the debt in court. In addition, the creditor has the right to initiate a criminal case on the fact of fraud.

In order to avoid such a situation, the borrower must contact the bank in writing. The notice must indicate that circumstances have arisen that have entailed a temporary impossibility to pay off debt obligations.

There are other ways to confirm that there was no malicious intent when obtaining a loan. These include:

• credit obligations are backed by collateral;
• several payments have been made on this loan;
• the amount of debt is insignificant (less than one and a half million rubles).

If the statute of limitations on the loan has passed, then the bank does not have the right to sue the borrower, recognizing him as a fraudster

Even despite the fact that the creditor will not be able to recover the debt after the expiration of the limitation period, the debtor may expect negative consequences. A damaged credit history will not allow you to get a loan from banks in the future. It has been kept for fifteen years. This information about non-payers allows banks to protect themselves from negligent debtors

The Civil Code of the Russian Federation states that limitation of actions- this is the period for which the creditor can demand the return of the debt from the borrower or file a lawsuit in court to collect the debt.

Period limitation period It has its own terms, which you will learn about later. But even these terms are conditional, since there are many loopholes, how they can be extended. It also depends on how experienced and legally savvy the borrower is whether he can wait for the expiration of the period called " limitation period».

In matters of lending, the statute of limitations refers to the time that is given to the bank to get the borrower to pay the loan.

The statute of limitations as a way to avoid paying a loan

The statute of limitations is three years. But this period has its own nuances, without knowing which you may not wait until it ends, and you will simply be brought to court.

Often borrowers, knowing about the existence of deadlines statute of limitations for credit debt, abuse their rights in order not to pay the loan. As a rule, such actions are stopped in time and punished according to the law.

But if you are really unable to pay the loan and hope that the statute of limitations will end sooner or later, you should learn more about this.

Several errors in calculating the expiration of the limitation period

1. The limitation period does not start from the moment of signing.

2. The term does not continue to expire if you had official communication with the bank about your debt within a three-year period (it starts its countdown again).

3. The limitation period cannot continue indefinitely, despite the fact that the bank or collectors will try to convince you of this.

4. The limitation period does not begin and does not end after the expiration of the time allotted for the payment of the loan.

Here's how the statute of limitations is actually calculated

Be careful as there is a lot of confusion on the Internet, nonsense written in newspapers and told on television.

1. Limitation period starts from the date of the last payment. That is, if you last paid a loan two or three months ago, and after that you did not make any payments on the loan, then the countdown will begin.

2. If you have not paid the loan for 90 days, then the bank, upon expiration of this period, by exercising, may announce to the problem client early recovery. And only from that moment the limitation period begins, and not from the moment of the last payment.

3. If before the period when it is considered that the statute of limitations has expired, the borrower and the lender will have a conversation with the signing of a document or notice in relation to the outstanding loan, then the limitation period is renewed. In other words, if you are trying to avoid paying a loan or going to court, then it is better not to communicate with your bank in any way, not to answer calls, registered letters, notifications.

The statute of limitations has expired, but the money continues to demand

Quite often there are cases when banks turn to their customers with a demand to repay a loan already after a three-year period. It should be immediately noted that such actions are illegal. Most likely, the bank, which, due to its inattention, discovered the debtor late, hopes for its fear and incompetence. In many cases, the debtor, having learned that his debt has not been forgotten, tries to return the money as soon as possible. However, you have the right not to.

The first thing you can do is to contact a lawyer who will advise you on this issue, because. Each region has its own jurisprudence. If the lawyer has convinced you that you are not obliged to pay, live in peace.

Naturally, as a result, you may be called to court. Your next step is you submit an application that the statute of limitations has expired, as a result of which you are clearly justified.

It is much more difficult to deal with your debts if collectors come into play. To be honest, not always correct or legal.

The role of collectors in the statute of limitations for accounts payable

It is known that banks, being unable to cope with their debtors, transfer all information about them to collectors. Here's how it relates to statute of limitations for accounts payable.

It turns out that not only borrowers can cheat, but also banks. So, recently there are more and more cases when banks transfer overdue information about debtors to collectors. As a result, collectors come to you when the statute of limitations has expired, moreover, several years ago.

What do collectors do? They have excellent methods of influencing the psyche of people who can give away the last “out of fright”. But if you pull yourself together in time, you can take the following steps:

1. Admit your dishonesty in relation to the bank and pay off the loan (although not always debts are created on their own).
2. Contact a lawyer to make sure the statute of limitations has expired.
3. Write a statement to the prosecutor's office or the police.

As a rule, collectors at the third point stop their activity realizing that she not legal.

So, even if you are a bank debtor, in addition to obligations, you also have rights. One of these rights is the expiration of the limitation period for accounts payable. However, this is not a reason to abuse your duties. Loan default is a last resort. It should be remembered that if you go to extreme measures, creditors can also go to extreme measures by contacting a collection agency that knows how.