Criminal penalties for non-payment of a loan. What are the consequences for non-payment of the loan? Is prison a threat for debts and malicious evasion of loan payments?

Loans have become the norm of life for almost all people in our country. With credit money they buy household appliances, outerwear, cars, and go on vacation. There is no way to do without loans. But not all borrowers pay their debts in good faith. Someone deliberately hides from paying the loan, while others simply become a victim of unfavorable circumstances. But in any case, everyone will have to repay their debts; for this, banks use various enforcement measures.

What awaits the debtor under the loan must be stated in the loan agreement. Therefore, by signing the agreement, the borrower agrees in advance with all measures that will be taken by the bank in the event of non-payment of money on the loan.

The economic crisis has significantly reduced the solvency of Russian citizens. Prices for essential goods have increased several times. Salaries remained at the same level. Many enterprises are undergoing wholesale layoffs. People were left without a livelihood. Therefore, now many simply cannot pay their loans.

The bank will first contact such borrowers in order to find out the reasons for non-payment. This could be a phone call, an email, or a letter in the mail. If the borrower explains that he has a good reason, the bank will accommodate him. Together with the borrower, ways to peacefully resolve the current situation are determined. The bank can offer the following solutions to the problem:

deferment of loan payment
reduction in loan interest rate
changing the payment schedule.

But there is another category of people who take out loans and initially do not intend to return the money to the bank. This type of people is called scammers or habitual defaulters. Banks are beginning to consider borrowers who have not paid their loans for several months and at the same time avoid contact with the bank in every possible way as willful defaulters. For such defaulters, there may even be capital punishment - criminal liability for non-payment of the loan.

But before that, banks will begin to collect debt more demandingly, for example, by visiting the place of work and looking for the debtor through relatives. Next will be your credit history, which will be ruined. This means that in the future no bank will issue a loan to the borrower. In short, your reputation will be tarnished.

The next step is to transfer the debtor's case to a collection agency. The work methods of debt collectors do not always comply with the law, so dealing with them is dangerous. The final stage is the trial. The court will already determine what punishment the willful defaulter will have to bear.

Thus, it is in the interests of the borrower to cooperate with banks in order to resolve the issue peacefully, and not wait for the intervention of third parties.

What happens if the bank sues for non-payment of a loan?

Responsibility under the Civil Code of the Russian Federation.

The relationship between the borrower and the bank is regulated by the Civil Code of the Russian Federation if the loan amount is less than one and a half million rubles. In this case, the most extreme punishment is administrative detention of the debtor.

No one will be able to avoid punishment for non-payment of a loan, since according to Articles 199 and 208 of the Civil Code of the Russian Federation there is no statute of limitations for non-payment of debts. Moreover, Article 202 talks about the inheritance of debt by subsequent generations. If the debtor does not repay the loan, the children will have to pay it.

There are several types of liability for non-payment of a loan:

financial - the debtor will be required to urgently repay the loan ahead of the due date specified in the loan agreement or to pay a penalty on the loan;
property - the punishment is that they can take away real estate, put it under the hammer at auction, and seize bank accounts.

If the loan is taken out against the security of an apartment or car, this will greatly simplify the task for the bank, which will simply seize the property. After the auction, the borrower's property will be sold. The money received will be used to repay the loan. If the money from the sale remains, no one will return it to the debtor.

After the court’s decision, the borrower will have to pay not only his debt and interest on the loan, but also all the costs incurred by the bank associated with organizing and conducting the trial.

In a word, failure to repay any loan, even of several thousand rubles, may result in certain penalties.

Criminal liability for non-payment of a loan

Responsibility under the Criminal Code of the Russian Federation.

According to Article 177 of the Criminal Code of the Russian Federation, non-payment of a loan may result in criminal liability. To earn such a penalty, you must have a debt to the bank of at least one and a half million rubles, maliciously evade payment and communication with the bank, and also for the court to recognize the borrower as a fraudster.

Fraudsters are those individuals who have provided the bank with deliberately false information, for example, a fake salary certificate or false personal documents. This already suggests that the borrower did not intend to repay the loan in advance. But first, the bank will have to prove that the documents were fake, and this is not so easy.

The court can make the following types of decisions in the case of a loan defaulter:

fine in the amount of 5,000 rubles - 200,000 rubles. or deductions from salary for the next 1.5 years;
correctional labor 60 or 480 hours;
forced labor 2-24 months;
arrest 1-4 months;
restriction of freedom for up to two years.

Completely different penalties arise if the fraud was committed not by one, but by several persons. Then the term of imprisonment can reach ten years. A separate category is officials who commit fraudulent acts. Their term of imprisonment can also be ten years. Failure to repay government loans results in criminal liability in the form of imprisonment for up to five years.

Responsibility for non-payment of a loan arises only after a court decision.

Until a court decision, neither the bank nor the collectors have the right to impose any penalties on the borrower. If illegal actions are taken against the debtor by the above-listed organizations, he has every reason to file an application in court against these organizations.

Collection agencies often like to intimidate debtors with imprisonment. This is a method of psychological pressure. But, if you look at it, it becomes clear that it is extremely unprofitable for the bank to use this type of punishment. The bank has one goal - to get its money back. If the borrower goes to jail, the bank will never see its money.

Thus, criminal liability is of little benefit to anyone. It is more a means of intimidating debtors than a form of punishment.

How to behave if the bank sues for non-payment of a loan

It would be best for the borrower to come out of the shadows and start communicating with the bank, at least in the courtroom. Especially if the debtor remained silent before this. Subpoenas should not be ignored. This will further aggravate the situation of the borrower, and on the contrary, it will be beneficial for the bank; the court will be able to make a decision that will fully satisfy the interests of the bank.

How to prepare a borrower for court:

Collect documents that confirm your poor financial situation (for example, a certificate of dismissal, a certificate of salary reduction, a sick leave certificate for temporary disability).
Hire a good lawyer who will negotiate with the bank, represent the interests of the borrower in court, and prepare packages of necessary documents.
Transfer the property to relatives who do not act as guarantors for the loan.
Send a letter to the bank with a request to cancel fines or restructure the loan.
Deposit all possible funds on the loan in order to at least slightly establish yourself as a responsible payer.

If the decision is made by the court, but the borrower is not satisfied with it, there is always the opportunity to appeal the court decision. This opportunity must be taken advantage of immediately.

So, the borrower, by his behavior, can show the bank and the court that he is determined to cooperate with them. Seeing this attitude, the court may make a less strict decision.

The methods used by banks to collect debts from borrowers are varied. The matter may even lead to criminal liability. But not everything depends on the bank; a lot depends on the debtor. If you immediately enter into an open dialogue with the bank, you will definitely find a solution that satisfies the interests of both parties, even if the loan amount is more than 1,500,000 rubles. The problem will be resolved, and the borrower will not tarnish its reputation as a responsible payer.

In the case where the borrower initially takes out a loan with the intention of not repaying it, you should not rely on the humanity of the court and the bank. There are still few cases of criminal prosecution, but they do occur. Therefore, such a punishment is possible. Is it worth risking your freedom for money?!

Criminal liability is a rare measure of punishment for defaulters. Banks want only one thing from debtors—the return of their money. Therefore, borrowers cooperating with banks will never be prosecuted.

Expert lawyer's opinion:

The author of the article made an inaccuracy. We are talking about the impossibility of applying the statute of limitations for loan debt. Article 208 of the Civil Code of the Russian Federation does not classify such debt as claims to which the statute of limitations does not apply. It indicates the demands of depositors on the bank, and not vice versa. Sometimes situations arise in which collection agencies turn to citizens with a demand to repay debt on previously paid bank loans or cash loans from microfinance organizations.

It is difficult to find out where they get such information, but the figures are similar, and people become wary and begin to panic. Often such claims are made outside the statute of limitations. Our recommendation is to ignore them or send them to court. They are well aware of the illegality of their actions. As soon as you start making excuses or proving that you are right, they will show even more interest in you.

If, nevertheless, you receive a notice of a lawsuit against you, you must declare at the court hearing that the statute of limitations (3 years) has expired and the creditor’s claims cannot be satisfied. Without such a statement, the court may consider the case not in your favor, even if the statute of limitations has expired (Article 199 of the Civil Code of the Russian Federation).

Can be reduced to three groups:
- imposition and collection of penalties and fines;
- transfer of debt to a collection agency;
- debt collection through court.

Fines and penalties for lending

If the loan overdue is small (less than 2 months), the worst thing that can await the debtor is penalties and fines. Their size varies depending on the bank and must be specified in the loan agreement. Fines can be imposed in a fixed amount and in the form of an increased percentage for using the loan. In Russia, it is proposed to legislate penalties for late payments - 0.05–0.1% of the debt amount.

Another unpleasant moment for a borrower who is late in payment is the transfer of information to the Credit Bureau. In the future, it will be quite problematic for such a borrower to obtain a loan.

Transferring a debt to a collection agency

If loan payments are overdue for more than 1-2 months, the debt is transferred (or sold) by the bank to collection agencies. As a rule, debt collection methods are on the verge of the law. They can threaten to take away property, with physical violence, call relatives and friends of the debtor, send annoying letters and SMS, call at night, etc. Withstanding the onslaught of debt collectors is often quite problematic, and many borrowers pay back their debts.

Debt collection through court

If collectors fail to collect the debt, the bank has the right to sue the borrower. As a rule, banks win court cases.

Collection to repay the debt may be imposed on:
- the debtor’s funds (savings, deposits in banks and other financial organizations);
- property of the debtor;
- if the debtor does not have savings and property, the court may order to make deductions from the debtor’s salary (no more than 50% of the total remuneration).

It is worth considering that, according to the law, it is impossible to recover household and personal items, food, social benefits and compensation.

Many borrowers are concerned about the question of whether they can buy an apartment or a car to pay off the debt. They definitely can if there is debt on a car loan. In these cases, the apartment and car are collateral. The situation with unsecured loans is ambiguous. According to current legislation, debt cannot be collected at the expense of the debtor’s only home. The courts also proceed from the proportionality of the debt: it is unlikely that the court will decide to seize and sell the apartment for 5 million rubles. to pay off a debt of 5 thousand rubles.

Often the courts impose a ban on traveling abroad until the debt is paid.

The most extreme measure is a criminal sentence for non-payment of a loan. If the borrower initially intended not to pay, he may be convicted of fraud. But this punishment is rare in practice; for this, the borrower must not make a single payment, and the bank must prove his intent.

The terms of the loan agreement require monthly repayment of the principal debt with accrued interest in the form of equal payments.

Failure to fulfill a debt obligation can result in extremely unpleasant consequences for the borrower: collection of the debt through the court, description of the property, and even criminal prosecution.

Late payment and non-payment of loan to the bank: responsibility

The reasons for violating the terms of the loan agreement can be very different: dismissal, unforeseen large purchases, difficult financial situation, etc.

In this case, a settlement agreement is concluded between the bank and the client: at the borrower’s request, a deferred payment is granted or the bank offers new lending conditions.

Debt collection is carried out in two stages:

pre-trial settlement with the involvement of a collection agency or your own security service;
legal proceedings with forced collection of debt.

If the borrower is in arrears for a long time, the financial institution demands payment from the guarantors, or the bank files a lawsuit to collect the debt.

In the case of a targeted loan, the situation is somewhat simplified: the property purchased with borrowed funds is sold, and the debt is repaid using the proceeds.

In order to pay off the debt, the pledged property (real estate, securities, precious metals, etc.) can also be sold.

The court may recover the full or partial amount of the loan from the debtor. After the court decision is made, the writ of execution is sent to the bailiff service.

Enforcement measures include:

arrest of bank accounts, withholding of funds from them;
seizure and sale of property;
monthly deductions from salary (up to half of salary);
restrictions on travel outside the Russian Federation, etc.

The defendant in a claim for debt collection may apply to the court for a deferment of execution of the decision.

The basis for this may be objective reasons due to which the borrower’s financial situation has worsened. Documents confirming such circumstances are attached to the application for a deferment.

One-time short delays threaten the borrower with fines, penalties and penalties.

What is the liability for non-payment of a bank loan: main types

Failure to repay a loan may result in civil or criminal penalties. Information on financial responsibility measures is contained in the loan agreement. The law provides for two types of financial responsibility:

charging the debtor a penalty. The penalty is determined as a percentage of the entire loan amount or accrued in the form of a fixed payment. The loan agreement may provide for a penalty or penalties for each day of delay;
early repayment of the entire loan. This measure is applied by a banking institution if the debtor has been late for 60 days within three months.

Criminal liability for unpaid loan

In case of delay, you should not hide from the bank and avoid contact with its employees.

Credit institutions are interested in returning their own funds Therefore, special refinancing or loan restructuring programs are provided for such situations.

This will avoid the accrual of fines and penalties and maintain a positive credit history.

If the debtor has financial resources and wants to pay off the debt, you need to contact the bank's security service.

In this department, you can agree with the employee to re-enter the payment schedule and not pay the resulting penalty. It is likely that the bank will accommodate and partially write off the penalties, subject to full repayment of the overdue payment. Such an agreement must be made in writing.

If the bank does not agree to write off the penalty, you can resolve the dispute in court.

In this case, you need to focus on the size of the penalty: a few thousand can be easily paid, but if we are talking about a large amount, the dispute should be resolved only through the court.

The amount of penalties can be reduced by the court by more than 20 times.

When preparing for litigation with a bank, you need to:

draw up a written objection to the claim with a demand to reduce the amount of the penalty accrued by the bank;
prove the fact that the amount of the penalty is disproportionate to the consequences of unfulfilled obligations;
admit that the court decision may differ from the specified requirements to a greater or lesser extent.

Concluding a loan agreement with a bank (regardless of its amount) is an obligation that requires strict fulfillment from the debtor. Long delays can result in the most negative consequences for the borrower, including seizure and sale of property to pay off the debt.

In crisis conditions, almost all banks were faced with the problem of a sharp increase in the interest rates on outstanding loans. The difficult economic situation also puts pressure on the banking sector, which means that during a crisis, banks are more interested than ever in the timely and full return of funds issued to borrowers.

To return loans, all means are used, including intimidation with criminal liability.

Loan repayment through court

In case of non-payment of the loan, the bank has the right to file a civil claim in court. In most cases, claims of creditors are subject to satisfaction. Then there are two possible scenarios:
- the borrower voluntarily repays the debt;
- a bailiff works with the borrower by court decision.

Most often, criminal intimidation begins at the trial stage. But some banks prefer not to bring the conflict to court and, by threatening the borrower with a deadline, receive their funds much earlier. For tips on how to sue a bank, read this page

Many borrowers who are not sufficiently familiar with the norms of current legislation are horrified by the words “prison,” “criminal liability,” and “term.” In a panic, the bank client finds funds to repay the ill-fated loan and avoid criminal liability.

The bank's goal has been achieved - strong psychological pressure has been put on the person and he is ready to find any money to repay the loan. But is criminal liability for non-repayment of a loan really a reality or is it just an empty threat? Let's consider what an insolvent borrower can be accused of, and whether such accusations are legitimate.

Part 4 of Article 149 of the Criminal Code – fraud

The most popular accusation from the bank. The punishment looks impressive - up to 10 years in prison plus. But do the actions of a problem borrower fall under this article?

If a person takes out a loan from a bank and pays it off before the onset of one or another unforeseen situation (downsizing, bankruptcy of an enterprise, etc.), and then actively looks for work, regularly goes to interviews and periodically takes odd jobs, he cannot be considered a fraudster.

Important! The lender must be notified in writing of changes in financial condition and lack of funds to repay the loan.

One copy of the notice is sent to the bank, and the second copy is kept by the borrower. The second copy must be certified by the creditor’s signature. A borrower who acts this way cannot be considered a fraudster and does not bear criminal liability under Article 159 of the Criminal Code.

Article 177 of the Criminal Code - malicious evasion of repayment of accounts payable on a large scale

From a legal point of view, the key words here are “malicious evasion” and “on a large scale.” Moreover, the wording of the article is: “Malicious evasion... on a large scale after the relevant judicial act has entered into legal force...”.

Consequently, a bailiff can deal with a client only after a court decision has been made. In this case, the responsibility to prove the fact of evasion of loan payment rests with the plaintiff.

Here it is worth remembering once again the large amount of debt. In the note to Art. 169 of the Criminal Code, which also applies to Art. 177, it is stated that a large amount means a debt the amount of which exceeds 1.5 million rubles.

In practice, average citizens practically do not take out such loans. With a smaller amount of debt, there is no talk of any criminal liability.

If the amount exceeds the mentioned 1.5 million, the court, when making a decision, will consider the second mandatory sign of the objective side of the crime - the maliciousness of the evasion.

Without going into legal subtleties, only one thing can be noted: a borrower who is looking for a job and notifies the bank about the problem cannot be considered to be maliciously evading his responsibility.

What conclusions can be drawn?

Very often, the banking collection service or debt collectors threaten to sue, but due to a strange coincidence, they delay going to court. In fact, everything is simple here: as soon as the appeal occurs, the creditor is forced to stop accruing all payments, which is extremely unprofitable for him.

In addition, if the case goes to court, then the bank has a lot of expenses that it will have to bear in any case, even if it does not win the case. And this happens very often, because if the borrower proves that he could not fulfill the circumstances under his agreement for significant reasons, then they may take his side.

Therefore, you should not be afraid of criminal liability, most often it is just psychological pressure. This is what really could happen:

increase in debt due to arrears,
damaged credit history,
If you do go to court, they can seize your accounts, block your travel abroad, and withhold up to 50% of your salary.

There is probably no person in our country who has not taken out a bank loan at least once in his life. And if in times of economic stability, defaulters were more likely to be classified as swindlers, now, unfortunately, non-payment of a loan is a common and even slightly mundane event in the lives of citizens. Life itself forces you to take out bank loans. And it also leads to the fact that it is impossible to repay the loan on time, no matter how hard you try. Non-payment of a loan - what does this mean for the average person, what to expect and what can be done in this situation?

Consequences of formalizing a loan from a bank

Applying for a credit loan in any bank in Russia is always accompanied by signing in the prescribed form, where there are always clauses regarding the responsibility of the parties, and the situation is considered when the repayment of loan funds occurs late or is not carried out at all.

As a rule, it all starts with an accrual, then a penalty, and the loan amount begins to grow exponentially. Small fines of 1-3% of the remaining outstanding loan amount, multiplied by days overdue, turn into a big financial problem for the debtor. What does this mean for the borrower?

Arbitrage practice

If the loan payment process is suspended, there is no response to reminders from bank employees for 3-6 months, the bank proceeds to the next stage - through demanding the return of the loan funds issued to them, as well as other accruals. (plus legal costs will also fall on your shoulders). The process is not the fastest, but court decisions in favor of the borrower are made every day, so if the debtor is forced to take this step, the bank files a statement of claim.

If the decision is positive for the banking institution, bailiffs begin work. Their goal is simple: make an inventory of your property, seize it and organize an auction to pay your debts to the bank. A moratorium on traveling abroad and other sanctions permitted by law (for example, taking away a driver’s license) may also be introduced. If a guarantor is specified in the agreement, then non-payment of the loan becomes his headache, since by agreeing and signing the agreement, the person undertakes the obligation to repay. By decision of the court, and sometimes without it (depending on the terms of the contract), the amount can be deducted from his salary.

Debts and collectors

Don't forget about collectors. These are private agencies to which banks sell their “debtors”, i.e. they themselves become creditors. Or, if debt collection is successful, collection agencies receive a reward from creditors. As a rule, it all starts with remote soft communication on the topic of finding out the reasons for the debt and finding ways to solve the problem (letters, SMS, calls). After some time, collectors move on to direct personal communication with the debtor. The form in which the collector communicates with borrowers depends on the agency contacted by the bank.

If a banking institution values its reputation, it will never seek the services of those whose measures and actions aimed at repaying the loan are quite aggressive and border on outright blackmail, psychological pressure with elements of intimidation. Faced with such methods of influence, the borrower himself can submit an application to law enforcement agencies mentioning the articles of the Criminal Code of the Russian Federation.

But even if it doesn’t come to court, the inventory and sale of property, or collection arbitrariness, the presence of outstanding debt has an extremely negative impact on the debtor’s credit history. After all, all monetary loans issued in official structures are registered in a common banking database - in the Credit History Bank. There is all the information about the borrower, how much money, when and where he borrowed, how he repaid the loan, whether there were any delays and fines, whether there is suspicion or confirmation of fraud on the part of the client. It is precisely the latest data that bank employees are most interested in when they decide to issue you a new loan or not, choose the maximum allowable amount and what minimum percentage to set in your case. Quite often, a new loan is simply denied based only on information from the credit history bank.

Restructuring and refinancing of loan debt

We have discussed the possible consequences of debt, and now we will talk about what can be done if you find yourself in such a situation, but do not want to take the matter to court or become the object of attention from debt collectors. Typically, borrowers consider restructuring as a worthy way out of the situation.

Banks welcome loan restructuring, as this allows them to avoid litigation, in the process of which both time and money are lost. There may be several options for changing loan terms:

new deadlines are set (postponement);
the amount of the monthly mandatory payment changes;
writing off fines or penalties;
writing off part of the principal debt;

Another method - refinancing - is no less effective if you cannot reach an agreement with the bank. With the help of a third-party organization, you are essentially transferring your loan from one bank to another with new conditions:

lower interest rate;
a new period for debt repayment;
new conditions regarding insurance;
combining several loans into one for ease of payment;
other options for agreements.

By the way, this service is not available to everyone. Only to those with an excellent credit history (another reason to never make late payments). It will also be denied to people previously declared bankrupt. - a good way to get rid of paying off credit debt, but it’s also not for everyone. Firstly, the minimum debt must reach half a million rubles, and secondly, it is necessary to pay for the services of a financial manager. The borrower also loses property and, as a rule, this is his real estate.

Expiration of the claim period on loans - is there a chance?

An interesting and, which is typical, completely legal method (Article 169 of the Civil Code of the Russian Federation) to get rid of debt is to wait ]]> for the expiration of the claim period ]]> for loans, and this is only 3 years. If all this time you manage to ignore bank employees, not answer letters, not pick up the phone, not open doors, receive salaries in envelopes, not show up at a bank branch, and not pay anything at all, then after three years even the court will not be able to make a decision against you. This legal game with the bank begins from the date of the first overdue payment. Or from the moment the debt is transferred by inheritance - unpleasant consequences for relatives.

Although there are always nuances. The borrower will not be able to use this article in wartime, in the event of force majeure, if a moratorium has been imposed or the operation of this law has been suspended. In addition, if the debt is sold to collectors, they will call you and terrorize you for much more than three years. And the bank itself is unlikely to give up trying to contact you. Often, the relatives of such holders of loans with a statute of limitations suffer the most inconvenience.

In the end, it is worth recalling the most negative, for an ordinary citizen, side of non-payment of a loan - criminal liability. Fortunately, according to the Criminal Code, only the worst debtors can be put behind bars, and then for a maximum of six months. Everyone else should be afraid of forced community service for up to two years. Of course, we are not talking about fraudulent credit loans here. After all, bank swindlers are a completely different article and a different punishment.