When you take a so-called car loan from a bank, that is, a targeted loan for the purchase of a car, the car you purchase is not considered to be yours in full. At the time when you pay off with the bank under the loan agreement, the car is considered as a pledge from the bank.

This means that if you are unable to repay the debt, the bank has the right to seize the mortgaged car from you to pay off the remaining debt. Of course, no one will just come to take your car keys away from you.

You can give the car to the bank only either voluntarily (by signing an appropriate agreement with the bank), or bailiffs will seize it by a court decision.

We have considered the first case in general terms in this article, and the second should be considered in more detail.

When can a bank sue?

Consideration of various aspects of the situation when a bank sues you is devoted to a whole on our website, but car loan courts have significant differences from litigation for ordinary consumer loans. At all stages of the case.

First of all, 4-6 months after the delay, banks, as a rule, immediately sue, without resorting to the services of collection agencies. If you are already negotiating debt restructuring with the bank or are ready to sell the car on your own (with the consent of the bank) and return the money, the time before a lawsuit may be extended.

Secondly, if the case went to court, banks rarely go to a settlement agreement. Because with ordinary lending, they are ready to agree in the hope of getting at least something out of the debtor. And having a car as a pledge, they know that by a court decision they are guaranteed to return their funds by realizing the pledge.

There are also nuances in the process of legal proceedings.

Simultaneously with the lawsuit, the bank submits a petition to the court for a ban to be imposed on transactions with collateral. If the court satisfies the petition, you will no longer be able to sell or re-mortgage the car on your own.

In addition, in addition to the standard requirements for the collection of debts, interest and penalties, banks often find additional collection items. For example, they may demand a penalty for the fact that the car was not insured under CASCO. If such an article is not competently challenged, another hole may be inflicted on your budget.

If the court decides to leave a deposit to the bank, the bailiffs cannot sell the car at a price below 75% of the appraised value. But you can evaluate the car below the real market value.

This means that if the process is left to chance, on the one hand, the bank will demand from you an amount that is much larger than the balance of the debt (due to penalties), and on the other hand, less money will be received for the car than it actually costs.

A situation may arise when the proceeds for the car do not cover the debt. Then the bailiffs will seize other property, or remove savings from your accounts, or start deducting from your salary in order to get the missing amount. (If your debt is less than the proceeds for the car, the bailiffs will transfer the balance to your account).

As you can see, although it is impossible to mention all the features within the framework of the article, there are a lot of them.

And still: the bank sued not paid, reluctance to part with the car.

What to do?

In the first case, different strategies are possible. You can negotiate with the bank, regarding alternative options payment. You can try to redeem yourself the “cheaper” car as a result of the assessment and discount of the mortgage auction through relatives or acquaintances. Then it is necessary to take care that the amount of the assessment is underestimated.

If the car is not important, it makes sense to try to negotiate with the bank to remove the arrest from the property and find a profitable buyer for the car yourself.

In any case, you must clearly understand: the sooner you seek help, the more likely you are to avoid significant financial losses. Indeed, after a court decision, attempts to change the situation are often ineffective. It is much better to negotiate early stages conflict.

When drawing up a loan agreement for the purchase of a car, it is required to provide documents confirming the client's solvency. As a rule, Russian banks offer car loans ranging from 30,000 to 3 million rubles. Loans for so large sums collateral is required.

In a car loan transaction, the car is the collateral. For non-payment of the debt, the bank has the right to file a lawsuit demanding to fulfill obligations or withdraw collateral as repayment of the loan.

Bank actions in case of delay for non-payment

The loan agreement contains complete information about the obligations of the borrower. The bank's lawyers develop a single form of the contract, in accordance with the norms of the current legislation.

The agreement must contain the data of the lender and the borrower, the rights and obligations of both parties, full information on the amount of the loan and the subject of collateral, as well as the interest rates and payment terms.

When signing the document, the person confirms that he is familiar with and agrees with all the conditions set forth. I must say that the bank protects its rear from all sides, so it is quite difficult to challenge at least one clause of the contract in court. The client acts as a borrower and is obliged to fulfill all the listed obligations.

If the client delays monthly payments, we list the main points:

With a delay of 1-7 days - a standard notification of the client, warnings are received in the form of SMS, letters to email, calls to contact numbers with the requirement to make a payment. Banking organizations quite allow such delays, because funds can be deposited, but they have not yet entered the account.

The standard term for crediting funds to the account when paying through the cash desks of other banks is 3-5 days. Such delays are not considered serious and are not even reflected in the credit bureaus. However, even for non-payment of one payment, penalties are charged.

With a delay of more than 1 month, the case is transferred to the bank's security service. For the period during which the delay is formed, sanctions will be charged. Bank employees are more persistent in calling all the contacts provided, calls are received at work, acquaintances, neighbors, relatives of the client.

A letter may be sent to the address of residence of the debtor with a demand to repay the debt. Some banks resort to the services of collectors, however, according to the current legislation of the Russian Federation, the activities of such organizations are prohibited. If a person guesses to record negotiations with collectors, then this can play into his hands in court.

With a delay in payments of 60 days, a lawsuit is filed in court for a car loan. The lender can file an application demanding that the borrower pay the debt or seize the collateral for further sale in favor of repaying the loan.

The client must receive a summons to the address of residence, which will indicate the date of the meeting and the address where you need to appear. The limitation period is 3 years after the expiration of the contract.

Problems with the bank may not appear immediately, sometimes, when there is a slight delay, no one reacts to this, they remember this after a while, when a decent fine is accumulated.

Video: How not to lose your car

court with a bank

Not in all situations, a claim is filed when the delay reaches 2-3 months. If a person did not pay the loan regularly, then when making subsequent payments, it must be taken into account that, first of all, the funds are credited to pay off penalties, and the remainder goes to pay the principal debt.

In some cases, the lender patiently waits for repayment and only after 6-12 months of waiting files a claim. After the filing of the claim, the date of the first preliminary meeting is set, as a rule, it is 1-2 weeks after the acceptance of the application. A summons should come to the actual address of the client, which will indicate that a trial has been scheduled regarding your case.

If the agenda does not indicate the date and time of the meeting, then this information can be obtained on the official website of the district court office. You just need to enter your own last name in the field and click search, the full information should be displayed. If nothing was found as a result of a search for your last name, it means that there was no lawsuit.

Before the meeting, it is advisable to first appear at the court office and request materials on your issue. It is important to find out exactly what requirements are put forward against, whether there is evidence and documents. You can also ask for copies of documents.

Consideration of a claim on the issue of debt collection and seizure of a car can be carried out in different courts. The defendant must first be notified of the place of events.

Arrest of the car for non-payment of the loan

There are 2 options when a car can be arrested:

After the announcement of the court decision, if the borrower does not have the funds to repay the debt. The car is confiscated by bailiffs 10 days after the announcement of the final verdict. Transport in this case becomes the property of the bank for further resale to pay off the debt.
If the agreement contains a note that the car cannot be sold by the borrower until the final payment of the loan, then when filing a claim, the bank can file a petition for the arrest of the car. The deposit will not be put up for sale until the decision is announced, however, the owner will not be able to use the car during this time.

Arrest is a forced measure, the main purpose of which will be to exclude fraud on the part of the defendant.

Terms of consideration of the case

The law does not limit the period of consideration of the case in court, so the terms may be delayed from 3 to 12 months. The date of the meeting can be postponed:

if one of the parties did not appear;
if additional examination of the car is required;
if a fact of violation of the law is discovered and additional investigation is required (for example, hidden commissions were charged on the loan, which are not indicated in the documentation);
if additional time is needed to collect documents (a petition is submitted).

A competent lawyer will always be able to delay the process for a maximum of time. After all, there is a possibility that during this time the client will settle his financial problems.

After the announcement of the decision, the defendant is given 10 days, during which the latter has the right to appeal to a higher authority.

Car sale

When the court issued an order to seize the car for further resale, the value of the car must be preliminarily calculated. Basically, the cost of a car is much lower than the market value.

The cost estimate is based on the coefficients of the insurance company. The price of a car decreases due to wear and tear of the car, the presence of an accident and other factors.

If the owner wants to sell the car on his own, then the bank must be notified about this. When selling on your own, you need written permission from the bank, and besides, you need to meet the deadlines. Of course, when selling a car on your own, the price of a car is set at your own discretion.

Debt collection

If the car is sold, 3 situations may arise:

The amount of the sale covers the entire debt.
The amount of the sale does not cover the entire debt.
The amount of the sale exceeds the amount of the debt.

If in the first case the situation is completely clear - the loan is closed, then in the second case you need to figure it out. The rest of the debt falls on the shoulders of the borrower. If a person cannot pay this amount, then property (household appliances, deposit accounts, etc.) is confiscated as repayment.

In cases where there is no property, the court will oblige to deduct up to 50% of your own income. Deductions from income will be mandatory. The rest of the proceeds from the sale of the car must be transferred to the borrower's account.

How to reduce the fine

With knowledge of the Civil Code and the support of a competent lawyer, it is possible to achieve a review of the case in favor of the defendant.

We list the main ways to get out of the situation:

Achieve restructuring. If there are good reasons for missing a payment, for example, a serious illness or a change of job, citizens have the right to apply for a loan restructuring. In this case, a person must confirm that he is not a fraudster, namely, provide evidence ( sick leave, workbook).

This case involves a settlement agreement between the borrower and the lender. The bank may offer the borrower alternative terms to repay the debt.

To identify violations of the law by the bank. Often in the process it turns out that obligations have been violated: collectors were involved, the cost of the car was deliberately underestimated, interest or sanctions were incorrectly calculated, the amount of the fine exceeds the principal amount of the loan.

If a violation of the law was recorded, then you need to file a petition for a review of the case. The evidence is: records of telephone conversations, statements of accounts and payments, the results of an independent examination, etc.

Let's look at a few examples

Calculation of the amount of debt on the example of the following situation: the contract expired on November 21, 2014, the client underpaid 3 payments, after filing a claim, 10,000 rubles were paid as repayment:

In addition, the defendant will need to pay the state fee that was paid by the plaintiff at the time of filing the claim. By law, the amount of the penalty cannot exceed the amount of the principal debt.

Litigation is a tricky business. If a delay occurs, it is better to immediately contact the bank and ask for restructuring, perhaps the creditor will meet the debtor halfway.

Today we will talk in detail about how to win a lawsuit with a bank on a loan and what to do next if the bank still wins the lawsuit.

The Bank has the right to go to court in the presence of various violations of the terms of the loan agreement. But, as a rule, the reason for filing a claim against the borrower is the formation of a delay in loan repayments and the transformation of debt in accordance with banking standards into problem debt. The second category of disputes in terms of prevalence are claims for the recovery of penalties and commissions from borrowers in excess of the repaid debt, including principal and interest. True, the number of such claims is significantly less than in the first category, since these claims are usually included in the claim for the recovery of the entire set of payments accrued on the loan.

Borrowers also have the right to sue the bank on various grounds. In this case, there are usually demands for the recognition of the loan agreement in part of some of its provisions as illegal and (or) for the recovery from the bank of amounts illegally withheld to repay the loan, penalties, commissions.

The probability of winning a case in court and its main factors

From the point of view of the probability that the borrower will win the case in court, it is not so much the fact of who exactly initiated the claim that is important, but the following circumstances:

Goals and objectives set by the borrower. A win can be viewed in different ways, and it is far from always associated with the satisfaction of all the requirements of the borrower by the court or, on the contrary, the refusal to satisfy the bank claim. Goals and objectives must be realistically achievable, otherwise everything will turn into a waste of effort and money.
Availability of legal or contractual grounds for satisfying the borrower's requirements.
Argumentation of the position of the borrower and proof of the facts to which he refers. Solving these problems is the responsibility of the borrower. And the more effectively these tasks are solved, the higher the chances of winning will be.
No violations of procedural rules. Unfortunately, this is one of the main problems of conducting legal cases by borrowers on their own, without the proper level of legal training and experience in participating in processes. No matter how right you are, no matter how complete and categorical the evidence base is, a violation of the requirements of procedural law may result in a refusal to satisfy the requirements by the court on formal grounds - just because of procedural violations.

Determination of the goals and objectives of the litigation

Goals and objectives - the basis of your legal position in court. Winning the process should not be an end in itself, as winning can be a Pyrrhic victory. It is necessary to analyze and evaluate in advance:

the chances of a particular outcome of the case;
evidence base, available and really possible to form;
readiness to conduct the process for a certain amount of time, to spend energy, time, money on this, to risk lost profits.

As a goal, you need to set what you expect from the process. As tasks - what you must and can realistically do to achieve the goal.

As examples:

If your goal is to get the court to refuse to satisfy the bank's claim for the recovery of principal on the loan, interest and penalties, it can rightfully be classified as unrealistic. Even if you achieve the recognition of the loan agreement as completely illegal, the amount of the loan taken will still have to be returned. Therefore, in such a situation, it is more reasonable to set the goal of minimizing the amount of recovery (refund), which means that the tasks can be:

exclusion from the requirements of the amount of the penalty;
reduction in the amount of the penalty;
reduction in the amount accrued on interest (sometimes this can also be achieved).

Your goal is favorable (loyal) terms of debt repayment. This is the best and most easily achievable goal in the process of collecting a credit debt from a borrower. The tasks should be:

creating conditions for the bank under which it will be ready to conclude a settlement agreement with the borrower and provide him with favorable conditions for debt restructuring (difficult, but possible, and usually the problem is solved by finding gaps in the loan agreement, challenging certain provisions of the agreement, filing counterclaims to the bank for the recovery of both material and moral damage, and not necessarily related to the subject of the claim under consideration);
formation of an evidence base for the court so that it accepts and approves your restructuring plan - establishes a delay or installment plan (the task is solved by convincing evidence of a difficult financial situation, temporary inability to pay the entire amount at once, and similar circumstances).

Your goal is the refusal of the court to satisfy the bank's claim for the recovery of commissions accrued due to various grounds on the loan. A few years ago, such cases were very frequent in judicial practice. Today they are rare. But there are good prospects for winning for them, even if the commissions were provided for by the loan agreement. task in this case one of two possibilities:

prove that the terms of the loan agreement regarding the calculation of commissions are contrary to the law, and demand that such provisions of the agreement be declared illegal;
require the court to recognize the bank's claim as not subject to satisfaction due to the illegality of its claims - the absence of grounds for charging commissions both in the contract and in the law.

Your goal is to recognize the loan agreement in part or completely illegal in accordance with your claim (objection to the bank's claim). In this case, the probability of winning critically depends on how justified and legal your requirements are. The main tasks of such processes are to prove that there are grounds to recognize the contract in whole or in part as invalid (void / voidable), and, accordingly, to collect and present such evidence to the court, and do it convincingly.

If you want to know your real reasons for winning a lawsuit with a bank on a loan, then our online lawyer on duty is ready to promptly advise you.

Legal position and action plan: preparation for the process

As soon as you receive a subpoena, you must already begin to prepare for the process. It is better, of course, to do this in advance - when you are already beginning to realize that judgment cannot be avoided.

At the stage of preparation for the process on the claim filed by the bank, the most important thing is to develop your legal position and draw up an action plan for yourself:

Contact the court and familiarize yourself with the available case materials. You have every right to do so. It is important to understand what requirements the bank makes and what it has presented at the moment as a justification and confirmation of its position. You can make extracts from the case materials and copies.
It is necessary to carefully analyze the position of the bank, determine for yourself what you can oppose, how legitimate and justified the bank's requirements are, whether the bank's arguments can be refuted. This is painstaking work, even for a lawyer, so it is advisable to apply for legal assistance, at least consulting.
If the bank, together with the claim, filed a petition for the application of interim measures, in particular, for the seizure of property, accounts, prepare your objections to the court, and if a court decision has already been made on this issue, prepare a petition for the removal of interim measures, naturally substantiating it. If the court refuses, the decision can be appealed to a higher court.
If the deadline has not yet passed, prepare objections to the bank's requirements. But you don't have to, especially if you don't want to reveal your position and evidence beforehand.
Check out the jurisprudence for similar cases. This is not difficult to do in terms of the availability of materials on the Internet, but it is still a laborious process. Most effective method- ask a question to lawyers. You can do this for free: there are many sites on the network with free legal advice that will tell you exactly how certain categories of disputes with banks are resolved in court and what you can count on.
Determine for yourself the real goals and objectives of the process: what is realistic to achieve and what is not, what resources will be required for this.
Analyze the evidence you have (documents, testimonies of witnesses who can be invited to court and who can come, photos, videos, etc.), as well as evidence that you can obtain, including in court - by filing a petition for their reclamation by the court, on the examination.
Familiarize yourself with the features of the process, read the code (CPC), judicial practice, write out or remember the most important points. Be prepared for the fact that in the process you will have to not only convince the court that you are right, but also refute the arguments of the bank representative, as well as argue with him and answer, perhaps, not very pleasant questions - acquaintance with judicial practice.
Your goals, objectives and ways to solve them, supported by the norms of the law, the terms of the contract, evidence, will become your legal position. However, it is worth thinking in advance about how, if necessary, to quickly adjust the position if the trial goes according to an unplanned scenario. Simply put, if it becomes clear that you will not be able to achieve the main goal, you need to have a “plan B” - how to minimize your losses.
Make a plan of action for yourself before the trial and in the process. It needs to be prepared in such a way that you see and understand how and by what means you will achieve the desired result in court, what steps you need to take, what fallback options you will have.

How to act in court

Provided that you have thoroughly prepared for the process, you must act according to your plan. If there was no preparation, you will have to act according to the circumstances. In this situation, again, it is important to understand what exactly the bank wants, how much you agree with the requirements, what you can oppose or suggest to resolve the problem in your favor.

Do not immediately agree with the claim, requirements and proposals of the bank. Give yourself time to analyze and evaluate them. You have the right to apply to postpone the court session for a specific period, motivating your request with a need, for example, to prepare evidence, study the bank's offer, its pros and cons. In some cases effective means delaying the process, if necessary, of course, are sick leave, an urgent business trip, etc. The main thing is to prove these facts and present them in a timely manner. good reasons court. But we must not forget about the risk that the court decides to hold a meeting without your participation.
If the bank has offered a dispute resolution option that suits you more or less, study the offer carefully. Perhaps it is really beneficial for you, and it is better to resolve the conflict peacefully by concluding an appropriate agreement. Sometimes it is unreasonable to go on principle, based on the circumstances and prospects of the case.
Do not be afraid and panic if a bank representative begins to operate with an abundance of norms, provisions of the contract, judicial practice, and this makes his position seem more convincing than yours. Speaking beautifully, legally competently is the job of a bank representative in court. The courts are used to this, as well as to the fact that ordinary citizens express their position in the way they can. Therefore, it is important to speak clearly, understandably, logically, convincingly and with evidence. The ability to operate with legal terms is secondary, and if you do not understand this terminology, it may look inappropriate and even stupid.

The bank won the loan case. What's next?

Foresee the option of losing the process. Yes, this is not the goal, it is undesirable, but it is necessary to keep such an outcome in mind. Therefore, you should be prepared that enforcement proceedings will begin, which means that measures should be taken to ensure that the consequences of losing the case hit you as little as possible.

If the court failed to win, you have the right to appeal and appeal the decision to higher authorities. Consider this option very carefully. It is reasonable if you need to get some extra time before the start. enforcement proceedings, or if the practice of other courts in similar cases differs from the court decision.

If you have any questions about how to win a lawsuit with a bank on a loan or you want to understand your situation in more detail, then our online lawyer on duty is ready to advise you free of charge.

If you sued for credit, and you do not know what to do in this situation, then carefully study the material presented in this article.

Any serious violation by the borrower of the terms of the loan agreement gives the bank the right to go to court to demand the collection of debt. But, as a rule, the reason is a significant delay in loan payments and the accumulation of debt. So, what to do if the bank sued for non-payment of the loan, and what can the court decide in this situation?

Features of the appeal of banks to the court

Banks have different approaches to determining for themselves sufficient conditions for judicial recovery debt. For some, a 2-3-month delay becomes a factor, and some financial institutions are waiting for the borrower to voluntarily repay the debt even before the expiration of the loan agreement. Anyway a 3-year statute of limitations applies to a bank going to court to recover a debt.

Depending on the amount of claims, there are two options for judicial collection:

Based on the court order of the justice of the peace. The order has the force of a court decision and an executive document at the same time. This is the most fast way resolving the issue and proceeding to forced collection of the debt if the borrower does not take measures to cancel the court order. The bank has the right to apply with a request for the issuance of an order and the collection of a debt, subject to the submission of claims in the amount of up to half a million rubles. Previously, until June 2016, this amount was 10 times less, therefore, most likely, writ proceedings in the future should become the main method of judicial collection of credit debts.
Based on the decision of the court of first instance. The bank has the right to apply to the court in the course of action proceedings if the amount of the claim is 500 million rubles or more, as well as if the justice of the peace decides to cancel the previously issued court order based on the borrower's objection.

It should be noted that simultaneously with the filing of an application with the court or within the framework of the process, the bank has the right to file a petition for taking measures to ensure the execution of the judgment. This means that bailiffs can come to the borrower-debtor much earlier than the final decision is made on the case. As well as blocking of deposit accounts is quite possible. Therefore, you should immediately approach the situation of the bank's planned appeal to the court or already upon receipt of a copy of the claim (statement) with the utmost care and responsibility. It is necessary to start taking some actions to minimize your risks and possible negative consequences as soon as possible. It is important to take control of the situation and identify goals, objectives and an action plan for the future.

What to do if the collection is carried out in the order of writ proceedings

When a bank applies to the court with an application for a court order, the defendant (borrower-debtor) must be sent at least a copy of the application. The materials are sent to the place of residence (registration), the address of which is at the disposal of the bank. Thus, it is assumed that the debtor will be informed of the fact that the bank claims in judicial order. Possible problems may be if the debtor is absent at his place of residence (registration). But further actions and court decisions are based on the need to confirm the fact that the debtor has received a court order. Therefore, if the decision was made, and the borrower did not have a real opportunity to take measures to cancel it, then this circumstance can be used as the basis for challenging the court order and the subsequent actions and decisions.

Howbeit, If the bank applies to the court for issuing an order, the borrower must do the following:

Familiarize yourself with the materials of the case. This can be done at the court office. If everything is set out in sufficient detail in the bank's statement, then this information is enough to understand the essence of the requirements and the amount of the recovery.
Since writ proceedings are carried out without the presence of participants in the process, the maximum that a debtor can do is to receive a copy of the order and carefully study the document.
Within 10 days (working days) from the date of receipt of the order, the borrower has the opportunity to apply to the justice of the peace with an application to cancel the decision. The grounds, in principle, can be any, but, of course, reasonable. As a standard basis, one can refer to disagreement with the amount of the bank's claims to be collected. You don't need to justify your disagreement.
If the 10-day period is overdue, it is worth trying to restore the period by submitting an appropriate application along with a request to cancel the order. True, it should be taken into account that by this time enforcement proceedings may already have been initiated and enforcement measures taken. This will seriously complicate the task. In order not to waste your time and energy, you should carefully evaluate the prospects for an appeal. It is possible that postponing the collection process does not make sense.
When the order is canceled, the bank has the right to re-apply with a similar requirement, but already to the court of first instance and in the course of action proceedings. This is a much longer process, but until it ends with a final decision, the borrower-debtor will have time to do something for a convenient and profitable repayment of the debt, with minimal negative consequences for himself.

When collecting a debt on the basis of an order, it is necessary to take into account:

this is a very fast way to get a decision on recovery, 15-20 days is the maximum that you can count on in terms of canceling an order from the moment the bank submits an application;
the borrower has no chance to present, substantiate and prove his position, the court makes a decision based on the materials received from the bank;
if the bank acts actively, it is possible that the borrower-debtor will be able to feel the restrictive and security measures very quickly;
it is impossible to appeal against the order, it can only be canceled, therefore, the inactivity of the borrower, ignoring the actions taken by the bank are fraught with a very early start of the enforcement procedure.

Please note that the issuance of a court order and the commencement of enforcement proceedings do not deprive the borrower of the right to apply to the court regarding the establishment of an installment plan / deferment of the execution of a court decision. Be sure to take advantage of this opportunity if the amount of recovery is unbearable for quick repayment, including through the seizure and sale of property.

What to do if the bank sued

Litigation is the preferred option for the borrower. Firstly, it becomes possible to file objections to a lawsuit and file counterclaims against the bank. Secondly, in fact, the borrower-debtor will have additional time to resolve the debt issue in more comfortable conditions. But banks are also aware of the advantages of lawsuit proceedings for the debtor, so they very often accompany their claims with a simultaneous application for interim measures. This makes it possible to limit the rights of the debtor long before the court makes a final decision.

The actions of the defendant within the framework of the action proceedings must be subordinated to some specific goal. I.e You must foresee what you want to achieve in court:

Refusal to satisfy the bank's claims in whole or in part, in particular, in the form of exclusion or reduction of claims for forfeit, reduction of the amount of accrued interest, recognition by the court of illegal commissions accrued by the bank. However, it is impossible to count on the fact that you will be released from paying the principal debt, even if the loan agreement is completely invalidated.
Creating favorable conditions for debt repayment. These conditions may be:

reaching a settlement agreement with the bank on debt restructuring and its approval by the court;
adoption of a court decision on installment/deferred payment of debt.

Recognition of the loan agreement in full (partially) invalid. This requires filing a counterclaim. It is impossible to get rid of the repayment of the principal debt in this way, but it is realistic to fight for the reduction of all kinds of additional payments.

As in the case of order proceedings, it is expedient to act promptly and actively. On the other hand, if you agree with everything and do not intend to challenge the bank's requirements, participation in the process can be minimized. Usually this is how debtors act, who lose much more from participation in the process than from non-participation in it. For example, when the amount of the claim is disproportionate to the possible losses as a result of visiting the process.

But if you have clearly defined for yourself that you will be involved in a dispute with the bank, and you know what you want to achieve, then The action plan might be:

Contact the court and read the case file. You may make necessary extracts and make copies.
It is advisable to show the received materials to a lawyer and get advice from him about the prospects of the case. The key help of a competent lawyer at this stage is the formation of your legal position, determining the real options for the outcome of the case and the strategy for your actions.
If the bank filed demands for interim measures and the court decision granted the application, you have the right to file a claim with the court for the removal of these measures. The chances are not very high, but the losses from filing a petition are minimal. The key factor here is the validity of the requirements. If, say, an arrest is made on a deposit account, one can refer to the difficult financial situation and the need to use this money for current expenses - food, child expenses, medicines, etc. Similar approaches should be used in relation to the arrest of other property.
To understand the real prospects of the process, it is advisable to familiarize yourself with judicial practice, communicate with lawyers, borrowers-debtors on thematic forums. At a minimum, this will allow you to be informationally prepared for the process.
So that the court does not turn into just costs and nerves for you, analyze the importance for yourself of the goals and objectives that have been set, as well as the set of available evidence.
Sketch out a plan of action for yourself in court and follow it, however, keep in mind that the situation can change, so there should be a fallback option.

What can the court decide?

The court decision proceeds from the requirements that the bank stated and the objections and counterclaims submitted by the borrower-debtor.

In general terms, the court can make the following decisions:

Return the claim to the bank without consideration or refuse to accept the claim for consideration, which almost never occurs in practice.
Satisfy the bank's claim in full/partially or refuse to satisfy in full/partially.
Take certain security measures.
Satisfy or refuse to satisfy the counter and other claims of the debtor declared in the process.
Approve the settlement agreement of the parties.
Provide for the decision to establish an installment/delay for its execution in full.

As a rule, the courts satisfy the claims of banks, but often only partially. The demands of borrowers-debtors to exclude or reduce the amount of forfeit, commissions, interest look promising, which leads to partial satisfaction of the bank's requirements. In order to achieve this goal, it is enough for the borrower to prove his difficult financial situation (no job, incapacity for work, including limited ability to work, caring for a disabled person, an elderly person, a child, the inability to get a job in a short time, other financial and material difficulties ). It is important not only to state your problems, but also to confirm them., that is, to collect all possible certificates, characteristics, other documents, representative testimony of witnesses. It is also important to demonstrate to the court that the violation of the terms of the loan agreement, delays and accumulation of debt were forced, due to objective reasons.

If you take a targeted loan to buy a car, then the car you bought will be registered as collateral. Roughly speaking, in case of non-payment of a car loan, the bank has the right to take your car from you to pay off the remaining debt. However, this does not mean that bank employees can simply demand the keys and documents for the car. You can give your “credit” car either voluntarily, by signing an appropriate agreement with the bank, or by a court decision.

Relations with the bank in case of non-payment of a car loan have their own characteristics compared to ordinary consumer loans. For example, for car loans, banks practically do not use the services of collectors, but immediately sue - as a rule, 4-6 months after the delay has formed. This period may be extended if you are negotiating a restructuring. Before starting negotiations, it is advisable to consult with a loan lawyer who has practice in your area and knows the features of each bank. Even short phone consultation will allow you to understand which position is better to take in negotiations with your bank.

What to do if the bank sued for a car loan

Suppose the restructuring negotiations did not lead to an agreement, and the bank sued for a car loan - what to do in this situation? First of all, the following questions need to be clarified:

in which court the case will be heard;
What date and time is the first meeting?
what exactly the bank wants to get through the court.

In most cases, finding out the name of the court and the time of the first meeting is not a problem - this information is indicated in the subpoena, which comes by mail. However, even in this case, it is better to double-check everything on the court’s website, for more details see the article “ If a subpoena came to court on a loan". If you learned about the upcoming process not from the agenda, but from other sources, then you will need to check several options: firstly, the court at your place of residence, secondly, at the location of the bank and, thirdly, a specific court can be specified in your loan agreement.
Subpoena for a car loan: by the name of the court it is easy to find its website

To find out exactly what the bank wants from you, you need to go to court and ask for your case materials for review. The procedure for familiarizing yourself with the materials may be different, but in any case, it is enough to take your passport with you, and everything else can be clarified on the spot. As a result, you will be given a folder with documents received from the bank - a statement of claim, a copy of the loan agreement, debt calculation, etc. All these documents will need to be photographed in order to study later in a relaxed atmosphere. The final requirements of the bank, which you need to pay attention to, are given at the very end of the statement of claim and look something like this:

...blah blah blah. Based on the above

ASK:

To collect in favor of Zhadny Bank JSC from V. V. Vasilyev the debt: on the principal debt in the amount of 750,000 rubles, interest in the amount of 450,000 rubles, penalties in the amount of 500,000 rubles, expenses for reimbursement of state duty in the amount of 16,700 rubles, and in total - in the amount of 1,716,700 rubles.

Foreclose on the object of pledge - Nissan Qashqai car, year of manufacture - 2014, VIN - 123456789, state number - Х001ХХ77RUS.

APPS:
1. Copy of the loan agreement and annexes to it.
2. Debt calculation.
3. Motion statement Money by account.
4. ...

December 01, 201__
Signature on lawsuit in car loan court
Brodsky I. A.

After you have studied the bank's statement of claim and the attached documents, we strongly recommend that you visit a loan lawyer. In our practice, there was not a single case when a statement of claim for a car loan could not be challenged in terms of calculating debts, charging all kinds of commissions, etc. The final decision of the court depends on many factors: the legal literacy of each party, the literacy of the documents provided, the personal position of the judge, etc. In short, it is impossible to predict 100% the decision of the court, but it is necessary to come out with objections.

Features of the lawsuit on a car loan

In general, the situation with a car loan is almost no different from the “usual” loan litigation: first, several meetings in the court of first instance, then, if necessary, you can file an appeal. The duration of this process depends on many factors and usually ranges from 3 to 9 months, for more details see the article " How long does a loan court case take?". However, despite the general similarity, there are some distinctive features associated with the presence of a car as a pledge.

First of all, when submitting a statement of claim, the bank will attach to it a petition to impose a ban on transactions with collateral. As a rule, the court grants such a request. This document means that starting from this date, the debtor will not be able to sell or repledge the loan vehicle. There are no other restrictions on the use of the car. In any case, the seizure of the machine will not take place until the final decision is made and the decision comes into force.

Secondly, during the litigation for a car loan, banks are much worse at negotiating a settlement agreement. This is due to the fact that if a regular consumer loan is not secured by any property and it is more profitable for the bank to receive at least something from the client, then in the case of a car loan, selling a car is the right way for the bank to get their money back. However, this does not mean that it is impossible to agree - it is important to conduct negotiations in a quality and timely manner according to the scheme developed by the lawyer.

Thirdly, when the bank claims money for a car loan, additional collection items are possible. For example, such an article may be a penalty for the lack of voluntary car insurance or failure to provide a vehicle passport to the bank ( vehicle title). This does not mean that such a penalty will occur automatically, but if these penalties are not properly challenged, they can be awarded to the borrower in full.

Fourth, a car loan court case can drag on for a longer time if one of the parties, usually the debtor, disputes the car's valuation scheduled for the launch auction. Usually the estimate is calculated according to the tariffs determined by the insurance companies. However, a situation is quite common in which a car gets into an accident, as a result of which it sharply loses value. If the borrower has experienced just such a situation, and there is a need to lengthen the process within the framework of the chosen protection strategy, it is advisable to apply for an appointment appraisal expertise car.

Based on the results of consideration of your case, the judge will make a decision, which will fix the total amount owed, taking into account all interest and penalties. In the same decision, it will immediately be said about the collection of the object of pledge - the car. If you want to keep the car, you will need to pay the specified amount before the bank will contact bailiffs(or within five days after the bailiffs contact you with a decision to initiate enforcement proceedings). If during this time you do not pay the money, then the bailiffs will take your car for auction.

According to the law, bailiffs must sell the car at a price not lower than 75% of its appraised value. The assessment does not always reflect the real price of the car, and the differences can be both up and down. In short, if you didn't take action during the lawsuit, you could end up selling your car for much less than its fair value. In principle, it can even be profitable if you plan to buy out a loan car yourself through someone you know. However, otherwise, an underestimation will most likely lead to the fact that you will simply lose some of “your” money. Thus, the correct assessment of the car is one of the important actions during the trial.

If the money received from the sale does not cover the total debt, then you will have to pay the rest of the debt in another way. If you do not do this yourself, bailiffs can seize money on your bank accounts or just valuable property - electronics, household appliances, etc. In addition, bailiffs can contact your employer, and he will withhold up to 50% of your “white” salary. However, the opposite situation is also possible - when the cost of selling a car exceeds your debt; in this case, the bailiffs will transfer the excess money to your bank account. We only recall that in any case, bailiffs will withhold a commission for their work in the amount of 7% of the amount collected.

Depending on what goals you set for yourself, even after the conclusion of the litigation, there are some actions you can take to reduce losses. If your main goal is to keep the car, you can negotiate with the bank regarding alternative payment options. If the car is not important to you, you can look for a profitable buyer and negotiate with the bank to remove the arrest from the car for its sale. However, you need to understand that attempts to influence the situation after a court decision rarely end in any result, since time has already been lost.

To protect the interests of the borrower, it is required to take active steps much earlier, literally from the very beginning of the trial. In most cases, the borrower cannot stand up to the bank's lawyers on their own, who have many years of experience in credit cases and may be familiar with many judges. We strongly recommend that you visit a loan lawyer, or at least get advice over the phone, as soon as you have problems paying off your car loan.

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