How to write off debts on personal loans. Write-off of loan debt. Law on writing off loan debts. Order. Help. How to write off your debts - bankruptcy procedure

Borrowers who, for a number of reasons, were unable to pay off their loan debt on time, very often rely on the expiration of the statute of limitations. They appeal to him in cases of requests from the bank to pay debt obligations. After how many years is the loan debt written off? And can banks forgive loan debts? It is possible that a financial institution will “pardon” the debtor and write off his debt. Every year, the volume of such problem loans creates certain difficulties for banks, so they are forced to take such steps. When the creditor has made all pre-trial attempts to resolve controversial issues regarding the return of money, there have been proceedings in court, but collection never happened - the borrower is either not in the country or has no property - then they discount such bad loans so as not to spoil the reporting indicators. To know for sure after how many years the loan debt is written off, you need to study the laws on this matter and take into account all the associated nuances.

Limitation period - what is it?

The limitation period is the period during which the lender has the right to call the debtor to repay the loan or collect it in court. The law on writing off loan debts stipulates a period of up to three years. In other words, the bank has three years to return its money from the borrower.

How is the statute of limitations calculated?



An unpaid loan debt that is more than three years old is considered written off, and the bank has no right to demand its repayment. But there are a number of features by which the statute of limitations is calculated and you need to know about them:
1. If the borrower paid the loan two or three months ago, then it is from this time that the countdown will begin - from the moment of the last action in relation to the loan.
2. If no such actions have taken place within 3 months, then after the bank has verified the client, the statute of limitations will begin to count.
3. If the borrower enters into negotiations with the bank and signs documents relating to the outstanding loan, then the statute of limitations is renewed again. When a bank writes off a loan debt, it starts from this moment of the borrower’s last contact with the bank to calculate the term. If the borrower firmly decides not to pay the lender, then it is better for him not to enter into a relationship with the bank and ignore all prerequisites.
4. The terms given for loan repayment do not affect the beginning or end of the limitation period.
The term accrues from the end date of the loan agreement or the date of the last loan payment. However, a debtor who deliberately chooses not to pay a loan, relying on the law to write off loan debts, is abusing his rights. Such intentions are strictly suppressed and prosecuted legally.

Options for writing off debts by banks

The number of outstanding loans is growing every year. Banks use various methods to collect debt. In this regard, borrowers have questions: “Are loan debts written off?”, “How long does it take for loan debt to be written off?” According to the laws of the Russian Federation, the statute of limitations is three years. There are several options when a bank writes off a loan debt, except for the statute of limitations:
1. Write-off of some part of the debt by mutual agreement of the client and the bank. If you conduct effective negotiations with the bank, you can achieve write-off of up to 75% of the debt without bringing the matter to pre-trial doors.
2. Write-off of accrued fines and sanctions. When various penalties and fines unlawfully exceed 50% of the permitted amount of the loan, then it is possible to obtain their cancellation in court.
3. Write-off of debt from the guarantor due to exceeding the designated loan amount. When the guarantor's level of responsibility for the loan increases, his guarantee is terminated.

When the bank demands money after the deadline



Sometimes, even if the borrower knows how long it takes to write off the loan debt, he complains that they continue to demand money from him. In this case, the actions of financial institutions are completely unlawful. The borrower needs to seek help from a lawyer and, together with him, file a petition with the court indicating the moment of expiration of the statute of limitations. A loan debt whose statute of limitations has already expired cannot be collected.
Banks usually closely monitor the borrower’s compliance with loan obligations, so you should not hope that they will wait three years without showing any signs of themselves. Before the debt is written off as “old”, the borrower will face a series of unpleasant events - subpoenas, calls to relatives and friends, notification letters to the place of work, visits to the home by bailiffs.

It is beneficial for the borrower to resolve the problem directly with the bank. Financial and credit institutions are interested in pre-trial solutions, because every trial spoils their reputation. Also, the court may render a verdict not in favor of the lender - oblige the borrower to return only the body of the loan, without fees or fines. You should not take debt repayment lightly, but negotiate with the bank peacefully, without spoiling the nerves of yourself or your loved ones. And decide what will be cheaper - restructure your loan or wait for it to expire. Then the borrower’s credit history will be ruined for the coming years, without hope of getting a loan from any credit institution.

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Credit institutions have a wide staff of experienced lawyers, so they monitor the fulfillment of obligations extremely carefully.

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There is no chance that the bank will forget about its debtor or for some other reason will voluntarily forgive him the debt. However, the Civil Code still provides for complete debt write-off, and judicial practice confirms that 10% of bank claims against the borrower remain unsatisfied.

What is the statute of limitations and how is it calculated?

The statute of limitations is a legal concept that characterizes the length of time during which the plaintiff (in the context of the article - a credit institution) has the right to judicial protection of his interests. In general cases, which include late payments, the statute of limitations is 3 years.

Important! Banks often include notes in the loan agreement stating that, by agreement of the parties, the statute of limitations increases to 4–6 years.

When trying to collect a debt, lawyers or debt collectors like to appeal to this clause after the three-year period has passed. This clause has no legal force; it can and should be challenged, since it directly indicates the impossibility of changing the period established by the rule of law.

This note is important because during the proceedings, the judge will not take into account the fact that the statute of limitations has expired unless the defendant or plaintiff requests it in writing. When the borrower himself represents the interests of the borrower in court, a line in the agreement about increasing the limitation period may throw off his line of defense.

Only if the defendant is aware of the unlawfulness of the extension of the term and submits a corresponding application, his rights will be respected.

The running of the limitation period is not affected by who is the creditor and who is the borrower. If the borrower passes away and, along with the inheritance, transfers the debt to his child, then the statute of limitations continues to run.

If the bank resold the right of collection to collectors or another company, then the date of transfer of this debt does not in any way affect the period within which collection is possible.

interrupts in some cases:

1. If the parties try to agree on mutual concessions without trial, as part of the mediation procedure with the involvement of a mediator. This procedure implies a refusal to go to court of any authority for the period of validity of the agreement with the intermediary. This agreement also specifies the period during which the parties will try to come to an understanding. During this period, the limitation period is suspended.
2. If the defendant is a military man, and during the period of the term the unit in which he serves is under martial law. Training, exercises of all types, and combat duty are equated to this situation. Since the debtor during this period is not his own master and obeys the orders of immediate management, he cannot carry out any actions with his debt.
3. If force majeure acts - natural disasters, military conflicts.

Important! The limitation period is suspended at the request of the bank's lawyers.

If they are not aware of the fact that the debtor is on combat duty or other circumstances, then an application to the court will not follow and the period will not be extended. From judicial practice such a nuance is known as the use of the fact of natural disasters.

If the bank declares this, then this circumstance will serve as a reason for extending the statute of limitations, which is not good for the debtor. If the borrower indicates damage suffered as a result of floods, fires and earthquakes, then this fact will greatly reduce the amount of payments to the bank.

Statute of limitations on loan debt

The law states that the period for collecting a loan debt starts from the moment the bank receives information about a violation of its rights as a borrower. The only reason to start counting is missing a payment.

It is important to remember that the countdown of the limitation period is in no way tied to the date of conclusion of the contract, nor to its expiration date, nor to any other event.

Example. According to the schedule approved by the parties, the borrower is obliged to deposit money on the 15th of each month. For example, on May 15, the payment was not made until 23:59; on May 16, bank employees found out about this. From this moment the countdown begins, and if desired, the bank’s lawyers can go to court.

In practice, direct work with the debtor often begins - calls, letters, SMS notifications. Regarding the starting point of the limitation period, the law contains the following wording: “from the day when the person learned or should have learned about the violation of his right.”

1. Failure to pay the amount established by the contract.
2. Refusal (oral or written) to pay the prescribed amount without legal grounds.
3. Making the next payment in an amount less than stipulated in the agreement.
4. Making a payment late.

The date of each of these events can be considered the starting point of the limitation period. If no questions arise regarding the first point, then the content of the rest requires clarification. An oral or written refusal implies that the borrower knows about his debt, but is in no hurry to pay it.

He may not state this directly; for example, in a telephone conversation with bank employees, he verbally guarantees payment within a certain period of time. However, in fact, promises made orally are not fulfilled. From a legal point of view, this is considered a refusal to fulfill the legal requirements of the bank.

Making payments in insufficient amount or after the due date is a direct contact between the borrower and his lender. The debtor, by definition, knows about his obligations if he continues to fulfill them, even in violation of the contract.

The fact of making payments is the reason for a new starting point for the statute of limitations. Summary: a telephone conversation, reading a registered letter or a face-to-face meeting with bank employees is the starting point, that is, the moment when the legal rights of the creditor are violated.

In practice, any contact between the bank and the borrower becomes a new starting point for the statute of limitations.

This is also reflected in, which states that any action of the obligated person that can be considered an acknowledgment of a debt is grounds for resetting the statute of limitations.

Important! From the moment of the first delay, a penalty is charged, which in amount often exceeds the interest on the loan.

Banks, confident in their lawyers, are in no hurry to file claims in court, since the accrual of fines is suspended from the moment of filing. If the bank is silent, this does not mean that it has “forgot” about the borrower. Most likely, such inaction is deliberate, aimed at increasing the amount of debt.

Types of debt write-off by bank

In a situation where there is no way to pay bills, and the accrual of penalties is even more unacceptable, the most sensible option is to immediately contact the bank with an application for restructuring.

restructuring

This procedure is an agreement between the borrower and his lender. The bank can give its client a head start of several months when interest will not be collected from him.

Restructuring is possible for any type of loan – from consumer to mortgage. Banks always risk that their client may be declared bankrupt.

This is possible if the amount of debt is more than 500 thousand rubles.

If the only property owned is the debtor's residence, then the bank will essentially be unable to collect anything. Approximately 1.5 - 2 million Russians fall under the definition of bankrupt, so banks are more likely to meet halfway and try to come to an agreement.

In fact, restructuring can take a variety of forms, from several months of complete relief from payments to stopping the accrual of interest. The law does not regulate this point; the bank and its client resolve the issue mutually.

credit holidays

Another type of concession is a credit holiday. – this is a good option for both the borrower and the bank. The first one maintains his reputation and a clean credit history, saves himself from communicating with the security service and gets some time to improve his financial situation. At the same time, banks increase their chances of fully collecting the loan amount.

refinancing

Another option is refinancing, that is, a procedure in which the bank assists in issuing a new loan, which will be used to pay off the existing loan and interest on it. Money can be provided to cover an existing debt for a longer period, with smaller monthly payments, which turns out to be more expensive in the long run, but more convenient for the borrower.

So, there are several ways to get rid of the debt yoke - legal and illegal. The first includes refinancing, restructuring as the most profitable and safe option, as well as legal bankruptcy.

Illegal methods are attempts to hide from the bank's security service and avoid contact with bailiffs.

This is ineffective, and it irrevocably damages your credit history. A method such as fictitious or deliberate bankruptcy is even worse, since it is a criminal offense.

In what cases can a bank forgive a debt?

There is an option to cancel. This happens if the amount is negligible, and the criteria are developed by the lender himself.

Debts can be completely written off in the following situations:

• the debtor dies or goes missing, and the person did not leave an inheritance;
• it is impossible to identify the debtor, since the loan was issued using forged documents (in this case, a criminal offense occurs, and the application is submitted to the investigative body);
• there is a court decision according to which the bank is denied reimbursement of the debt (due to the bankruptcy of the defendant, the expiration of the statute of limitations, the recognition of the credit transaction as invalid, violation of procedures and rules of law, etc.).

Whatever the reasons for the delay in loan obligations, according to the loan agreement, the defendant is always the debtor. Refusal to pay a debt does not always come from a willful defaulter.

Debt is often caused by unavoidable circumstances:

• a person may be left without work;
• lose health;
• lose business.

Accordingly, the source of income is quickly drying up. In such situations, a responsible citizen tries to reach an agreement with his lender. In fairness, it is worth noting that the money borrowed was spent on the needs of the borrower.

If circumstances are not in favor of the client, the bank is not to blame. For this reason, refusal to pay the debt will always be considered a damage to the bank, which in this case is the injured party.

Fact: Bank rules and legislative norms provide for such a procedure as debt write-off.

Often, during the proceedings, facts of malicious fraud are not revealed, and the circumstances that forced the debtor to stop making payments are, in fact, valid. However, even in this case, in the database opposite the name of the former borrower, a note appears about his past relationship with the bank.

Even if everything that happened was within the law, it is unlikely that credit institutions will want to resume relations with the citizen. This is the same case when formally the credit history is clean, but in fact the loan will most likely not be given in the foreseeable future.

is one of the bank’s ways to ensure its own security.

This document has nothing to do with borrowers and does not in any way affect the amount and procedure of payments. This bank insures itself and the losses it may incur if the court finds the debtor unable to pay the money.

Similar to the accounting concept of reserves for bad debts, only instead of creating real funds, the bank enters into contracts with insurers.

Procedure for collection by court decision

Banks do not always immediately turn to the arbitration court. It is much more profitable and convenient for them if the decision is made by a magistrate, in which case the process will be shortened significantly, and based on the order, bailiffs can be used.

A court order to collect a loan debt is an act identical to a court decision, but issued by a single magistrate.

The bank approaches the magistrate, and he also provides the materials. The presence of the defendant is not required; accordingly, his arguments are not taken into account.

This is a simplified procedure called writ proceedings. It lasts on average a couple of months, which is very convenient for the bank, but extremely unprofitable for the borrower.

The order can be canceled based on the defendant’s application; to do this, you only need to send an objection in writing.

This case is not considered again, the decision to refuse is sent to the bank, and the latter, in turn, is forced to file a claim with the Arbitration Court. How will this help the borrower?

A loan debt trial is a regulated process during which the defendant can provide additional information about his financial condition, as well as other circumstances. Here you can submit a petition to reduce the amount of fines and penalties, which according to the law must be fully or partially satisfied.

The defendant can derive double benefits from the claim procedure:

1. Firstly, get a serious time head start equal to the period of consideration of the case, and this is sometimes a year or more.
2. Secondly, a reduction in the total amount of collection, because banks are not modest when imposing huge fines, and the courts strictly limit this point until the sanctions are completely lifted.

If the bank demands money after the deadline

The loan debt is written off by law in the event of the death of the debtor, the insignificance of the amount, or after the statute of limitations has expired. The statute of limitations does not only apply to legal proceedings.

After this period, the bank has no right to impose extrajudicial penalties:

• cannot sell the collateral:
• direct debit cannot be carried out;
• Resale of overdue debt is prohibited.

In this case, the borrower sues the bank with a completely different wording, and the credit institution will have to answer for the misappropriation of someone else’s property. The Civil Code has one significant nuance: the statute of limitations is not taken into account if no corresponding demand has been received.

This means that if the bank and the client were able to agree on payment, and the debtor paid the debt after the expiration of the statute of limitations, the borrower will no longer be able to return these funds. The application of the statute of limitations is a right, not an obligation of the parties, and its omission is not a reason to reconsider the case.

Carefully read our article about writing off debts on personal loans, and you will understand what will happen if you do not pay the loan, as well as how to avoid negative consequences under the law.

If you are promised complete write-off of your debt in the shortest possible time, remember that this is virtually impossible under Russian law. Most likely, you have turned to scammers; we recommend that you carefully read the contract that you are being offered to sign, thoroughly study the terms of service and the guarantees that the contractor gives you.

Is it legal not to pay a loan?

Yes, there is such a possibility; in the following cases, complete write-off of loan debts in 2018–2019 is possible:

• upon the death of the borrower or the impossibility of determining his whereabouts (there is a court order declaring him missing);
• statute of limitations (there are a lot of pitfalls);
• by a court decision, for example, if you did not take out a loan (in such situations, a case of fraud is initiated);
• by court decision, for example, if the borrower was incapacitated at the time of signing the agreement;
• if a person does not have funds or property that can be sold to pay off the debt (bankruptcy procedure for an individual).

In all these cases, complete write-off of the loan is possible, however, it is worth considering a number of nuances of each option, let's take a closer look.

Who repays the loan in the event of the borrower's death?

If the borrower has any property that can be inherited, the loan is paid by the heirs. The same is true with credit obligations of a missing debtor (not to be confused with the bailiff’s decision under Federal Law 229 - Article 46, paragraph 1, paragraph 3 - the location of the debtor is unknown and it is not possible to determine it, more on that at the end of the article).

How to write off debt with an expired statute of limitations

Most debtors rely on this option to get rid of their obligations. It is a mistake to think that after 3 years the debt will be automatically written off, this is not true! To begin with, it is worth considering that there are quite a lot of nuances when calculating the LID (State of Limitation).

For example, any call from a creditor that you answer or notification letter that you sign for resets the SID. When calling or writing, the creditor or collector always announces the date by which you need to pay the debt; this date will be the new starting point for the statute of limitations.

It is also worth understanding that if the creditor received a JD (Court Order) and you did not challenge it, thereby allowing the court order to come into force, then you can forget about the JD. Be sure to cancel the joint venture - let the creditor go to court, where you will have the opportunity to write off fines and penalties, up to paying only the body of the loan.

By the way, the presence of a court decision and a writ of execution opens one of the loopholes for complete write-off of debt obligations (this is why collectors are reluctant to go to court)

What to do if scammers apply for a loan

If you did not take out a loan, go to court and demand recognition of the nullity of the loan agreement.
If we are talking about the borrower’s incapacity at the time of signing the agreement, then this fact also needs to be proven during the court hearing.

How does the bankruptcy procedure for individuals work?

We will consider this option in more detail in a separate article, since the bankruptcy process is a rather lengthy, financially expensive and legally complex procedure. Take into account the fact that the debtor may not be declared bankrupt, and if the court decides positively, a number of restrictions are imposed on the person. To begin this procedure, the following conditions must be met:

• total debt on credit products is at least 500 rubles;
• the period of overdue debt on at least one of the obligations (credit or loan) is more than 90 days.

In addition to the options listed, there are other ways to write off loans, naturally, within the framework of Russian legislation:

• Federal Law 229 - Art. 46 clause 1 clause 3 (the location of the debtor is unknown and it is not possible to determine it, not to be confused with the wording “missing person”);
• Federal Law 229 - Art. 46 clause 1 clause 4 (borrower is insolvent);
• pre-trial agreement with the creditor (“debt amnesty”);
• redemption of debt by a third party under an assignment agreement (resale to the debtor).

Restructuring and refinancing are more beautiful words than effective ways to get out of debt. The thing is that the debt of many Russians is such that writing off debts is the only real chance to start with a clean slate! But who will agree to forgive debts? Banks and utility companies are unlikely to agree to this!

On the Internet you can find a lot of offers for writing off debts on loans, taxes and housing and communal services. Which of these actually works in 2019? Is this legal? Let's look at the 6 most popular ways to get out of debt, and you can decide for yourself which one to use.

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Let's start with two pseudo-methods so that you understand what not to do if you want to write off debts. And then we’ll move on to legal and working methods of writing off debts on loans, taxes and housing and communal services.

Method 1

Pseudo-method: I am a citizen of the USSR, the activities of banks are illegal!

I'm not kidding! On the Internet you can find a lot of videos where people tell banks, debt collectors and in court that they are not citizens of the Russian Federation, but citizens of the USSR. Consequently, Russian legislation is not applicable to them, and you can absolutely safely not pay Russian taxes, loans and utilities. Such statements are usually supported by a long and fictitious theory about why this is so.

Some bank employees, collectors and government officials are stupefied by such statements and lengthy monologues on the topic “I am a citizen of the USSR.” These moments end up on YouTube, arousing the interest of viewers. Despite the absurdity of such statements, in our country there are quite a few people who consider themselves citizens of the USSR and “foaming at the mouth” to prove this to everyone who demands something from them (repayment of loans; obedience to the legal demands of the police, court).

There are still many fictitious theories and their adherents who claim that the activities of banks are illegal and that loans need not be repaid. And nothing will happen for this! We strongly recommend not to lose touch with reality, because... there is a risk of not only going crazy, but also getting a real prison sentence. So, relatively recently, two “citizens of the USSR” from Vladivostok, who refused to pay their loans, ended up in prison for 4.5 years under Article 318 of the Criminal Code of the Russian Federation for threatening a bailiff who demanded they pay off the debt.

If the situation with debts comes to court, the court will not take into account stories about the lawlessness of banks and will act based on simple logic:

Court: “Did you take money?”

Respondent: “He took it!”

Court: “Did you sign the loan agreement?”

Respondent: "Yes I."

The court decided: “To recover money from Ivan Ivanovich Ivanov in the amount of...”

The court will deny a creditor (bank, microfinance organization, Federal Tax Service, etc.) a claim for debt collection only in exceptional cases:

• the creditor delayed going to court and missed the 3-year limitation period, and you declared this;
• if at the time the creditor applied to the court, a personal bankruptcy case had already been opened against you.

What if you file a counterclaim against the creditor? Or, without waiting for the banks to go to court, be the first to sue them? Some “law” firms will offer you such options.

Method 2

Pseudo-method: Sue the bank for a loan

• Don't agree with the terms of the loan agreement?
• Do you want to reduce your loan interest rate?
• Banks refuse to restructure?

“We will get the loan agreement terminated in court. We will oblige banks to reduce the interest rate and revise the payment schedule” - such advertising offers can still be found, despite the fact that more and more people understand that this is a deception:

1. A party may terminate a credit agreement (loan agreement) only if the other party to the agreement has not fulfilled essential obligations under it. For the lender, this is the provision of a loan (loan); for the borrower, it is its timely repayment. Thus, the borrower can terminate the loan agreement only if the loan was not actually provided to you. In other words, if you have received money from the loan, then you have no grounds for terminating the loan agreement.
2. You will also not be able to reduce the interest rate on a loan (loan), unless, of course, it exceeds the maximum interest rate established by the Central Bank of the Russian Federation. Usually in banks and microfinance organizations everything is normal with interest rates, and they receive additional income from the insurance imposed on you (which is often problematic to refuse). The only thing you can ask for in court (if the creditor goes to court) is to reduce the amount of penalties (fines and penalties) on the basis of Article 333 of the Civil Code of the Russian Federation. Do not confuse the loan penalty with the negotiated interest rate.
3. Banks and microfinance organizations are commercial organizations. Neither the Central Bank nor the court can oblige them to provide you with restructuring or refinancing, thereby affecting commercial activities (profitability, etc.).

Method 3

Writing off debts through the court when the statute of limitations is missed

As we wrote earlier, the court will refuse to collect the debt from the creditor if he has missed the 3-year statute of limitations. This is what the 3rd method of debt write-off is based on. Its essence is as follows:

• Payments are stopped completely (any, even minimal payments, extend the statute of limitations);
• Feed creditors “breakfast” (promises that you are about to pay), or you “get lost” (change your phone number, move);
• “Sit quietly” and wait for the creditor to forget about you and not file a lawsuit in a timely manner.

Donskov Dmitry Igorevich

• Project Manager “Debt.NET”;
• Practicing lawyer, arbitration manager

At first glance, this method may seem strange to you: “How can the bank just take and forget about my debt?!”, but for small amounts of debt (for banks small amounts are up to 50 thousand rubles, for microfinance organizations – up to 5-10 thousand ) he works. The fact is that banks count their money well, and it makes no economic sense for them to involve lawyers or pay state fees for considering a case in court if the amount of debt is insignificant. In this case, it is easier for them to sell the debt to collectors six months to a year after the arrears occur. Collectors reason similarly to banks and are in no hurry to go to court if the amount of debt is insignificant and the prospects for judicial collection are vague.

There is a misconception that the statute of limitations on loans is counted from the date of the last payment made. In reality, everything is much more complicated. You can read more about calculating statutes of limitations in our article on.

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This method has a number of disadvantages:

1. Usually it works only with a small amount of debt on loans and microloans (if you owe banks less than 50-100 thousand rubles, microfinance organizations - less than 10 thousand rubles).
2. Debts for housing and communal services and taxes can be written off only partially (for those payments that were accrued more than 3 years ago).
3. Calls from creditors and collectors demanding payment of debts will most likely be actively received both by you and your loved ones (friends, relatives, work).

Method 4

Writing off debts by bailiffs

If the creditor did not miss the statute of limitations and went to court to collect the debt, then most likely in a few months the debt, by court decision, will be sent to the Federal Bailiff Service for forced collection. But what will the bailiffs do if the debtor has no property, no income, no money in bank accounts? Will bailiffs write off debts if they understand the futility of collection?

Every year, bailiffs complete about one million enforcement proceedings due to the impossibility of collection. But this does not mean that the debts are thereby written off. The creditor has 3 years to apply to the bailiffs to collect the debt again. Even if the bailiffs again terminate the repeated enforcement proceedings due to the impossibility of collection, the creditor will again have the right to reapply within 3 years (and so on ad infinitum).

But if the creditor, after the end of the enforcement proceedings, does not contact the bailiff service again within 3 years, then we can safely assume that “this debt no longer exists”!

This method only works if the debtor does not have official income, property or funds in his accounts. Some banks actually do not turn to the bailiffs for repeated collection, having received information from the bailiffs that there is nothing to take from the debtor.

Among the disadvantages of this method, we can emphasize that you either:

• you will have to hide from collectors and bailiffs (the latter may put you on the wanted list);
• you will have to endure calls and visits from collectors and employees of the Federal Bailiff Service.

Method 5

Full or partial write-off of bad debts on loans by banks

For banks, overdue loans create certain problems: for each problem loan, they must reserve money in the Central Bank of the Russian Federation (this mechanism was created to protect depositors from bank bankruptcy). It makes no sense for banks to “keep” problem loans on their balance sheets for a long time. If it is clear that the loan will not be repaid, the bank has 3 options:

• sell debt to collectors (usually banks sell debts to collectors for 1-2% of the debt amount);
• agree with the borrower on partial repayment of the loan with forgiveness of the rest of the debt;
• write off the debt completely from the balance sheet.

If you have received an offer from the bank to partially write off your debt on the condition that you repay the remaining balance, be more careful. Such a transaction must be documented before you make a payment. Usually an additional agreement to the loan agreement or a compensation agreement is concluded.

When the debt is completely or partially written off at the initiative of the bank, the borrower receives a material benefit, and he will have to pay a tax (personal income tax) to the state in the amount of 13% of the amount of the forgiven debt.

3-5 methods take place in practice, but you cannot be sure that these methods will work for you. It depends not on you, but on your creditors.

Method 6

Writing off debts on loans, taxes and housing and communal services through bankruptcy proceedings

There is only one way that allows you to write off debts without the consent of the creditors. This is a bankruptcy procedure for an individual. It appeared in our country in 2015, and according to official statistics from the Judicial Department at the Supreme Court of the Russian Federation, more than 50 thousand citizens of the Russian Federation have already completely written off their debts on loans, taxes and housing and communal services through the bankruptcy procedure of an individual.

Does bankruptcy write off housing and communal services debts?

There is an opinion that with the help of bankruptcy of an individual, only debts on loans and taxes can be written off, and debts for utilities cannot be written off. Back in 2018, the Supreme Court of the Russian Federation did not agree with a similar opinion of the lower courts when considering case No. A19-5204/2016. As a result, in 2019, referring to the position of the Supreme Court, it can be argued that with the help of bankruptcy it is possible to write off not only debts on loans and taxes, but also debts on housing and communal services.

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There are also disadvantages to writing off debts through bankruptcy proceedings:

• For 3 years you will not be able to manage any legal entity (we are talking about the position of the company's chief executive and members of the board of directors), for 5 years you will not be able to head microfinance organizations and non-state pension funds, and for 10 years - banks.
• For 5 years you will not be able to declare your bankruptcy again, and if you decide to take out new loans, you must inform the potential creditor that you have gone through bankruptcy proceedings.
• You will have to part with the following property (if any):
• cars, motorcycles, trailers;
• garages and commercial real estate;
• mortgaged housing (even if it is the only one for you);
• second apartment, house.

Will remain inviolable:

• the only housing and the land plot on which it is located (with the exception of a mortgage);
• clothing and personal items;
• household items.

In addition, not every person will be able to write off their debts through bankruptcy. Available. It is advisable to consult with specialists, or read the information on our website in the “” and “” sections.

Personal income tax in case of bankruptcy of an individual. In accordance with the Tax Code of the Russian Federation, personal income tax is not charged on the amount of debt written off as a result of a bankruptcy procedure, in contrast to the previously discussed case of voluntary write-off of debts by a bank (without bankruptcy). This is another plus in favor of the bankruptcy procedure for an individual.

Do you want to completely write off your debts through bankruptcy? Contact the company “Dolgam.NET” for help! With our help, hundreds of people have already become debt free. We can probably help you too.