Punishment for debts on loans. What happens for non-payment of loans. What will the bank do if payments are temporarily delayed?

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.

Is it possible to go to jail for debt? When can you end up in jail for non-payment of a loan? Citizens using bank loan products must clearly understand what is meant by malicious evasion of loan repayment, what consequences await him and family members, and what types of punishments can be applied to those who do not want to pay “the bills.”

Based on Art. 177 of the Criminal Code of the Russian Federation, “deviators” may face the initiation of a criminal case for evading repayment of loan debt and even a criminal sentence for non-payment of the loan. In this case, the prosecution will need to provide evidence that the citizen deliberately did not make monthly payments on the loan, although he had the financial ability to do so. That is, the debtor hid his income. Strict punishment is provided for malicious evaders - the maximum term of imprisonment is up to two years in prison.

Is there a prison sentence for debts and malicious evasion of loan payments?

If we refer to Art. 177 of the Criminal Code of the Russian Federation, it spells out fines and punishments provided for citizens and heads of organizations who evade loan repayments in large amounts. This also applies to malicious evasion of payment for securities after the relevant court decision has entered into legal force. In these cases, the following types of punishment are provided:

• Administrative punishment is a fine of 200,000 rubles.
• A monetary penalty in the amount of salary or other income of a citizen convicted of evading payment of accounts payable for a period of up to 18 months.
• Forced labor for up to 24 months.
• Arrest for up to six months.
• Imprisonment for up to two years.

As you can see, according to the Criminal Code of the Russian Federation, prison for debt is quite a threat to malicious defaulters. To initiate criminal proceedings against a citizen-evader, the following is required:

1. The presence of a court decision that the unpaid amount is recovered from the citizen.
2. The draft dodger's accounts payable equals an amount exceeding 1,500,000 rubles.
3. Proof of the fact that the defaulter is maliciously avoiding repayment of the loan debt.

Here is a quote from the Criminal Code of the Russian Federation:

Article 177. Malicious evasion of repayment of accounts payable

Malicious evasion by the head of an organization or a citizen from repaying accounts payable on a large scale or from paying for securities after the relevant judicial act has entered into legal force.

Punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred and eighty hours, or by forced labor for a term of up to two years, or by arrest for a term of up to six months, or imprisonment for a period up to two years.

What is malicious evasion of repayment of accounts payable?

The concept of malicious evasion of payment on credit accounts or securities implies, first of all, the direct intent of non-payment by a citizen who has the financial ability to repay the debt. In order for a debtor or head of an organization to be recognized as a willful defaulter, some of the following conditions must be present:

1. The citizen deliberately concealed from the bailiff that he had signed a new loan agreement.
2. The defaulter had sufficient funds in his accounts to fully or partially repay the loan obligations, but he knowingly (deliberately) did not transfer money to the credit institution.
3. A citizen who owns property made transactions to alienate it, but did not use the funds received to repay the debt to the creditor. On the contrary, the draft dodger disposed of the money at his own discretion, used the funds received for other purposes, or simply hid the income received. It is worth paying attention to Art. 446 of the Code of Civil Procedure of the Russian Federation, which contains a list of property owned by the draft dodger, which is an exception for seizure for debts in such situations.
4. A citizen engaged in entrepreneurial activity carried out financial and credit operations. In particular: he received financial funds under executed loan agreements, made settlements with these funds with other credit organizations, entered into assignment agreements (that is, assigned the right to claim under debt obligations), acted as a creditor, and the like.
5. Provided the bailiff with deliberately false information about the damage and theft of property in his ownership. Misled the executive service regarding the destruction of property in a fire, accident or natural disaster.
6. Concealed additional sources of income, or misled the bailiff that he had no income or property.
7. He used relatives for personal gain, transferring movable property to them for safekeeping.
8. Inflicted illegal actions on the creditor.
9. He deliberately avoided calling the bailiff, who was enforcing the judicial act. Had unjustifiable reasons for ignoring calls or obstructing the execution of court decisions.
10. The citizen deliberately created obstacles to facilitate the collection of loan debt. Without notifying the bailiff, he changed his job or place of residence.

Even taking into account the fact that the debtor, who has accounts payable in the amount of 1.5 million rubles, made small monthly contributions to repay the debt (for example, from 1000-2000 rubles), criminal liability under Art. 177 of the Criminal Code of the Russian Federation cannot be avoided. This will happen if the prosecution presents evidence that the debtor had the financial ability and property to allow him to repay the loan in the prescribed amount, but he deliberately did not comply with the court decision. Despite the fact that the bailiff provided him with information about criminal liability in accordance with Art. 177 of the Criminal Code of the Russian Federation.

Criminal term for non-payment of a loan and a new law on bankruptcy of individuals

The regulations for the bankruptcy procedure for individuals will be disclosed in the Federal Law of December 29, 2014 No. 476-FZ - entered into force. The Personal Bankruptcy Law will help citizens who have been unable to cope with debt obligations to relieve the burden of unbearable debt - this will happen, in particular, through the sale of property and debt restructuring through negotiations with creditors. In Art. 213. 28 Federal Law No. 476-FZ there are provisions that after the sale of the debtor’s property, if he is declared bankrupt, the fulfillment of all obligations to credit institutions will be terminated in court.

Lawyers assume that citizens will “like” such a relatively simple method of getting rid of a debt trap, and some draft dodgers will think about how to hide income and property from bailiffs for the period until the bankruptcy mechanism is launched. In this case, bankruptcy may take on a fictitious nature and become an attempt to cheat, however, if such a fact is revealed, the debtor will suffer severe punishment provided for in Articles 159, 159.1, 177, 198 of the Criminal Code of the Russian Federation.

In addition, the debtor’s illegal fraudulent actions, in accordance with paragraphs 4 and 5 of Art. 213.29 of the Law on Bankruptcy of Individuals, may be aggravating for the “bankrupt”, since an “opened” fictitious bankruptcy will lead to the fact that debts will not be recognized as repaid, despite the fact that the bankruptcy procedure was carried out.

Such a strict measure can be considered as a preventive one, the task of which is to warn the debtor from attempts to cheat with bankruptcy status, that is, realizing the extent of responsibility, if fraud is detected in non-payment of loan obligations, the evader will be forced to abandon illegal actions.

Lawyers note that in practice, most likely, some citizens will still try to avoid full repayment of the debt, being confident that liability can be avoided through bankruptcy. Over time, it will become clear how the measures for insolvent citizens provided for by the new law “On Insolvency (Bankruptcy)” will work in practice.

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.

Last updated February 2019

When you take out a loan, you have an obligation to pay it back. Any obligations imply the presence of sanctions that can be applied in case of non-fulfillment. Credit loans will be no exception. In our article we will fully answer the specific question of what the consequences of non-payment of a loan are.

Delay in loan payment

First, let's highlight the possible penalties for non-payment of a loan:

• Financial responsibility (fine in the form of interest or a fixed amount, early repayment of the full loan amount);
• Property liability (real estate, movable property, bank accounts);
• Criminal liability (fine, forced labor, arrest, etc.).

Before imposing sanctions, the creditor may take the following measures:

• warning (insist in every possible way on payment of the debt and warn about responsibility: call, write, etc.);
• reactionary (transmit data about your debt to the credit bureau, where you will be blacklisted as borrowers);
• measures to sell your debt (essentially “selling you” to debt collectors without informing you);
• seek protection in court (file a lawsuit against you).

Let's take a closer look at specific examples.

What will the bank do if payments are temporarily delayed?

Due to various life circumstances, your financial situation may change. If at the time of taking out the loan you were confident that you would be able to repay it, then over time your income may decrease or cease to be constant. This is even evidenced by banking monitoring data: 11% of those taking out a loan in the Russian Federation as a whole cannot repay it on time (see).

Consider this situation: you were fired from your job and you are looking for one. Because of this, you may not be able to deposit the required amount for a month or two. What does the bank do? Of course, it responds instantly to the first delay. The date for making each next payment is provided for by the schedule, which is drawn up at the time the loan is granted. If after this date the money is not received, the bank contacts the client. It could be:

• telephone call
• reminder “about yourself” in the form of SMS messages
• sending letters by e-mail or regular mail.

The purpose of these actions is to find out why the client does not fulfill his obligations: whether there are good reasons or not, and such behavior is explained by irresponsibility and malicious intent.

In itself, temporary non-payment of a loan to the bank for several months (as practice shows, up to 3 months) will not entail serious consequences for you, but this is only on condition that you “calm down” the bank and make contact with it in every possible way.

Advice: if you know that you will not be able to pay the loan for several months, it is better to voluntarily come to the bank and declare this. Many banks make concessions to such clients, especially if your financial difficulties are caused by temporary loss of work, illness, departure, etc. You may change the payment schedule, provide a deferment, change the interest rate, etc.

How banks behave with persistent loan defaulters

There is no precise definition of “willful defaulter” in the legislation. Maliciousness is not determined either by the specific characteristics of the debtor or by the time frame of the debt itself. Bank employees begin to consider the debtor malicious if he does not repay the loan for several months and at the same time avoids communicating with the creditor, that is, does not pick up the phone, does not work at the same place of work, etc.

If you are classified as “malicious,” events may unfold as follows:

• your credit file is sent to the claims department of the same bank, whose employees work directly to repay the debt. For example, they demand it more persistently, look for the debtor by various means (call, come to work, at the address indicated in the personal data, etc.);
• Your debt information is reported to the credit bureaus. This is fraught with the fact that from now on you will be on the “black list” for creditors, that is, it will be unrealistic for you to take out a loan from a financial institution again;
• your debt is either sold to a collection company, or collectors are hired to help on a paid basis, while you will have to repay the loan to the bank in the future (that is, the owner of the financial assets does not change in the latter case, but in the former, it changes).
• The bank files a claim in court.

How to deal with debt collectors

In most cases, collectors do not behave entirely correctly, but frankly speaking, they are simply intrusive, brazen, and are not afraid to break the law. But no one is allowed to violate your rights (even if you are a debtor), and therefore in this case the law will be entirely on your side.

All that collectors have the right to do in relation to you is:

• call and write SMS;
• appear at your place of residence;
• send mail to the address you specified in the contract.

They do not have the right to threaten, intimidate, or blackmail; they do not have the right to call or write from 10:00 pm to 8:00 am on weekdays and from 8:00 pm to 9:00 am on weekends. Such actions are regarded as abuse of rights. They can be reported to the police or a complaint to the prosecutor's office. If the collectors do not exceed the permitted measures of influence, answer their calls, communicate in a calm and confident tone.

Most likely, you will be asked questions like “do you know that you have a loan payment debt?”, “what is the reason for it?”, “when will you be able to pay the amount?” and the like. Let them know, tell them everything as it is.

If they are trying to mislead you and say that you will be sent to prison, etc., etc., if you do not pay the debt tomorrow, then explain that you have a thorough knowledge of the law, and such an outcome is excluded (see).

All that collectors can count on is your voluntary repayment of the loan. Only the court, but not the collection company, is competent to impose punishment for non-payment of a loan. In the meantime, a lot of time may still pass until the case comes to court.

Criminal liability: can you be sent to prison for non-payment of a loan?

Art. 177 of the Criminal Code of the Russian Federation establishes criminal liability for non-payment of a loan. But judicial practice has in its arsenal a single case of its use. This is explained by the fact that the amount of debt must exceed 1,500,000 rubles, and the evasion must be of a malicious nature.

If, nevertheless, such conditions exist, and the bank sues for non-payment of the loan, then you may be given the following punishment:

• a fine from 5,000 to 200,000 rubles (or deductions from salary/other income for 18 months);
• compulsory work from 60 to 480 hours;
• forced labor from 2 months to 2 years;
• arrest from 1 to 6 months;
• imprisonment from 2 months to 2 years.

It depends solely on the court’s decision whether they will be sent to prison for non-payment of the loan. As you can see, for such a crime, if proven, you can assign any of five types of punishment to choose from (and this will not necessarily be imprisonment, since this is usually a last resort). But you should still remember that you can be sent to prison for non-payment of a loan, and therefore you should not take the problem lightly.

Is it possible to seize property?

Seizure of property is possible in a number of cases. For example, if you took out a loan with collateral, then the legal battle for the lender will be greatly simplified. He will send a claim directly to the court for the sale of collateral property (see).

If the collateral is a car

Let’s say the collateral in your case was a car. This means that the court, when considering a claim from the bank, will seize it. You will no longer be able to sell or hide it. And if you try, it will amount to malicious evasion, which will entail criminal liability.

Having the court decision in hand, the bailiffs will come to describe it, and after the inventory, they will sell the car under the hammer. The proceeds will be used to pay off debt. Moreover, if there are any extra funds left, they will be returned to you. But even if there was no talk of collateral at the time the loan agreement was signed, the property can still be seized when it is not possible to repay the debt otherwise.

Can an apartment be taken away for non-payment of a loan?

• If this is your only place to live - no
• If you have other real estate - yes.

Failure to repay a loan, if there is no property, will not be forgotten by the lender, you can’t hope for it. After a court decision in favor of the bank, bailiffs will look for ways to repay the debt:

• they will submit a request to the tax office to find out your place of work, and then begin to withhold amounts from your salary (up to 50%);
• will make inquiries to financial institutions to inquire about your cash account, if any. If the answer is yes, he will be arrested (does not apply to accounts for social payments);
• at the place of residence they will describe everything that can be sold: furniture, household appliances, electronic equipment, etc. (except for products, personal items, clothing).
• You may also be subject to a ban on traveling abroad.

The best course of action if you can’t pay for a loan

Your salvation, if you don’t want any trouble, is direct contact with the lender. You must:

• notify him of a possible delay in the next payment;
• if you understand that in the coming months there will be no opportunity to repay the loan, consult with a bank employee, they may meet you and make a debt extension or restructuring, reconsider the schedule and terms of debt repayment;
• try to contribute at least some amount in order to establish yourself as a conscientious client, ready to fulfill existing obligations.

How to behave if you are asked for loans taken by relatives?

Each borrower bears personal responsibility for his debt obligations with his own property. Although there are exceptions to this rule.

• If you jointly own property with a borrower who has a loan debt, then his part in your joint property can be used to pay off the debt.
• If we are talking about an apartment, which is the only housing, then you can rest assured that this will not affect you.
• If you have a car and you are married to the borrower (jointly owned), then it may be seized, it will be auctioned, and your share of the proceeds will be returned to you.
• You may also be responsible for loans from a relative if you were his guarantor under the loan agreement.

And then - most often in life, claims are made against the borrower anyway. If the case goes to court, it is unlikely that the guarantor will be forced to pay the debt. This is possible sooner if he voluntarily decides to do it.

That is, the debts of your relatives can affect you in two cases:

• if you have joint property with them;
• if you have agreed to act as a guarantor.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

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There are situations when days fly by unnoticed and on the day of paying interest for using a loan a person does not have the required amount of money. The best decision is to contact the bank and ask a credit consultant for a short deferment. Some banking products even have specially provided credit holidays.

What if the family’s financial condition is so bad that it will be impossible to make payments for several more months? It is worth notifying the bank in this case as well. Many financial institutions accommodate their clients halfway and can take a break from three months to six months, without imposing penalties.

If your bank is not so loyal, it is still worth contacting a specialist so that together you can find an acceptable solution for both the creditor and the debtor. For example, restructure the debt, or pay only interest rates without the main body of the loan for several future months.

Many banking organizations give the client up to 60 days to correct his financial situation, without bothering him during this period of time with calls and threats about fines or going to court. Therefore, if you can reach an amicable agreement with your creditors, it is worth taking even the slightest chance. In all other cases, liability may arise.

Most modern borrowers, unfortunately, are on the wrong path. They don’t pick up the phone when the bank manager calls them, they hide in the depths of the apartment and don’t open the doors, and there’s nothing to say about a visit to the bank. Usually, in the first days of delay, only a credit consultant or an ordinary manager talks to the debtor; if you approach the matter this way, there will be late fines, penalties, fixed amounts or interest on the debt amount. It's inevitable.

In addition, after a certain period of time, the security service of a financial organization may be involved in the case. These employees will look for meetings with the negligent borrower more actively. For this purpose, all methods will be used - from phone calls to coming to the client’s home and even to the client’s work. At this stage, it is still possible to correct the situation, you just need to get in touch and explain the situation, peacefully agreeing on an installment plan. Then no one will have the idea of ​​suing you.

Is it possible for a debtor to hide?

If the client at this moment changes his phone number and does not open the door, his debt may be transferred to third parties - collectors. Legal proceedings may also be opened. In our country, the first scenario most often develops. Employees of such offices now act in more legal ways; fortunately, the times of the dashing 90s are a thing of the past. However, the pressure exerted on the debtor and his relatives will not be weak.

Litigation for non-payment of loan

If a problematic client does not appear at court hearings, the court can render a verdict in absentia and completely resolve the case in favor of the plaintiff, who are most often banks, and less often - collectors.

Consequences of litigation on loans

The same applies to the property of the debtor. If a citizen is not officially employed, is not engaged in entrepreneurial activity, and has no other income, the bailiff can describe the property and give a certain period for repaying the debt. Seizure cannot be imposed on the personal belongings, food and clothing of the debtor.

What are the consequences of non-payment of debts?

The property can be described and seized, and subsequently sold so that the amount covers the debt at least partially. The bailiff can describe furniture, household appliances and gadgets. The debtor may also have problems when traveling abroad.

Criminal liability occurs in the Russian Federation for loan debtors quite rarely. The bank needs to prove that there was deliberate fraud when taking out the loan. If we are talking about large sums of money, the maximum period of arrest is up to six months.