Many banks and microfinance companies scare borrowers by the fact that if they won't pay, they can be arrested and sent to places not so distant. Is it true to be imprisoned for non-payment of a loan in Russia in 2021? How to behave properly to avoid criminal punishment? How to be if you have nothing to pay for a loan? About this bankiros.ru told Financial analyst Dmitry Sysoev.
Criminal liability for non-payment of loan- Such a measure can be applied according to one of the two articles of the Criminal Code of the Russian Federation. True, it is necessary to immediately make a reservation that each of them has its own nuances and in practice is used quite rarely. That is, if a person has not pursued the goals illegally frown, and he also does not really have enough funds to fulfill his debt obligations, the prison does not threaten him.
Banks and MFIs threaten the prison- This is nothing more than one of the options for psychological pressure. Immediately it is worth noting that quite often for one of two articles, recovers send statements to the police that the latter must accept and process. This is not necessary to fear, since such a step is one of the pressure options.
Naturally, the debtor is called for testimony. It is enough to come to an employee of law enforcement agencies, which caused the debtor, and give explanations that he really has a difficult financial situation, and he does not shy away from repayment of debt. In the initiation of a criminal case will be denied due to the absence of a crime.
In what cases can be imprisoned for non-payment of the loan- If you speak directly about the articles on which it is possible to bring to criminal liability, here are two options. The first is malicious avoidance of loan. It is less likely in the process of communicating the lender with the debtor. The reason is the minimum loan amount on which it can be applied. It is 2 million 200 thousand rubles. That is, covers a fairly narrow circle of borrowers.
Plus, the Bank will have to prove the fact of malicious evasion. For example, provide confirmation that the person had money, but he did not even bother a part to send to fulfill its obligations. As an example, it is possible to bring the situation when the borrower sold its real estate, after which he bought a cheaper apartment, without moving even partially money on paying a loan from the difference in prices of these objects.
The second option is to fraud in the field of lending. We are talking about Article 159.1 of the Criminal Code. To apply this rate, it is important to have unreliable information provided by the borrower in the process of registration of debt obligations. And with the aim of embezzlement. Accordingly, there are two nuances.
First, a person was to initially deceive the lender. For example, pointing to the employer who has never worked. This nuance is rare, as such deceptions in most cases are detected at the time of checking the application. After that, the Bank or MFOs make a negative decision.
Secondly, it is precisely theft of funds. Accordingly, if a debtor at least some time after registration of the contract paid a loan, then to apply this concept will be incredibly difficult. It can be noted that on both articles in practice were attracted to the responsibility of single faces. And there really, even with the naked eye, the fact of fraud was visible. Therefore, it is not worth afraid of citizens in a complex material situation in a complex material situation.
What to do if there is no money on credit- It is worth sticking to the three basic rules. The first is to hide from the lender meaningless. It only aggravates the position. Often the same banks or MFIs in the recovery process can offer a way out of the situation. For example, with the help of debt restructuring in the form of a change in the schedule of payments or credit holidays.
Second - you need to independently take measures to solve the problem. That is, to contact a credit or microfinance organization on the issue of debt restructuring. Mandatory in writing with fixation. In particular, the creditor mark on a copy of the application for receiving the original or the direction of the request to a valuable letter with the content description and notification. This, by the way, will completely exclude the possibility of using one of the two articles of the Criminal Code of the Russian Federation, as it will not be possible to prove evasion from paying and fraud. After all, the borrower makes attempts to change the situation.
Third - you can not rush in extremes. For example, make a new debt to repay the past. This will only provoke an increase in debt. Inevitably leading to the debt, from which you can only get through bankruptcy. It is better to gradually solve problems, turning from time to time to the lender for restructuring, visiting court sessions, where the conclusion of the settlement agreement may be proposed, going on contact with the bailiffs, if there is a court decision on the recovery of delay and executive proceedings.
It is separately important to increase its literacy of the consumer of financial services. All borrowers need to explore the Federal Law No. 230-FZ. It clearly outlines the permissible framework in the process of pre-trial debt. It is also worth familiar with 353-FZ. It regulates consumer lending and loans. For example, it establishes clear limitations on the maximum overpayment in MFIs, fines and penalties in banks, etc. That is, to protect their interests and objective assessment of the situation worth knowing their rights.