2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Of course, today almost any bank can get a loan without any problems. Many resort to this opportunity, since it is extremely difficult to purchase an expensive thing, for example, a car, in another way.
The problem is that not all borrowers can soberly assess their financial potential. As a result, this leads to the fact that they violate the payment schedule and face pen alties. Some even begin to wonder: “Can they go to jail for non-payment of a loan”?
In addition to this, a credit institution most often sets an inflated interest rate in order to somehow compensate for losses that may arise as a result of a breach of obligations by the debtor.
And yet the question of whether they can go to jail for non-payment of a loan is of interest to every person who intends to borrow money from a bank. Let's consider it in more detail.
What the experts say
Indeed, credit specialists, answeringto the question of whether they can be imprisoned for non-payment of the loan, theoretically they do not exclude the application of arrest against the borrower. But in today's practice, such cases are very rare.
A banking institution already at the initial stage of non-fulfillment of the terms of the loan agreement by the borrower begins to take measures to ensure that their own money and interest are returned. At the same time, financial structures do not want to engage in “knocking out” money from the debtor on their own and partially sell the debt to collection agencies. Naturally, it is unprofitable for them to part with their money and they turn to the above offices only in extreme cases.
The latter, of course, do not always act within the law, but they also do not want to be malicious violators. Therefore, in most cases, their only weapon is threats on the phone. And this is where borrowers seriously think about whether they can go to jail for non-payment of the loan.
Responsibility for non-repayment of debt
In the criminal law there are no sanctions that would imprison for non-payment of the loan. However, in law enforcement practice, there were cases when non-payers were imprisoned, but their actions were qualified as fraud.
At the same time, they did not have any property that could be foreclosed on.
Try to resolve the problem with the bank yourself
If you realize at some stage that you may have problems withpayment of borrowed money, it is better to settle this issue with the bank without any conflicts. Then you do not have to puzzle over whether they will put you in jail for non-payment of the loan. To prevent the bank from taking drastic measures, convince it that you are not refusing to repay the debt and explain the complexity of the situation. Surely the bank will meet you halfway and change the payment repayment schedule.
If the bank does not show loy alty to you, then, unfortunately, you cannot avoid communication with representatives of the collection agency.
Therefore, in no case do not allow such a form of breach of obligations as non-payment of the loan. What threatens the non-return of money - you already understood.
Litigation
However, communication with employees of the collection office is not the only measure of influence on the debtor. Of course, banking institutions have the right to apply to the courts to protect their interests.
Many may ask quite a logical question: “If there is a default on the loan, what threatens such an option of violating the terms of the loan agreement if the case goes to court”? The answer is obvious: the borrower will suffer materially: in addition to the fact that he will be obliged to repay partially or completely the debt, he will be obliged to pay pen alties and interest. And if we are talking about the malicious evasion of a large amount of debt (more than 250 thousand rubles), then the court for non-payment of the loan may bring the violator to criminal liability.
After a certain amount of time after joiningenforcement proceedings are initiated into force, and all the debtor's property is forcibly seized.
In any case, in matters relating to non-repayment of a loan, one cannot do without the help of an experienced lawyer. He will be able to reduce the amount of pen alties and, in certain circumstances, even invalidate the loan transaction.
Well, if the judgment has already been made, then the lawyer will try to find grounds for its postponement.
Conclusion
To minimize the risk of financial problems with the bank, think carefully before applying for a loan. If you do not have a firm belief that you will be able to part with a certain amount of money every month without prejudice to yourself, then you should postpone the loan. Remember that you need to borrow money wisely and calculate in advance all force majeure circumstances that may arise in this regard.
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