Debt collection in court: expert advice, debtors' opinion

It is difficult to find an enterprise or organization thatno one owes nothing. Unfortunately, both business partners and clients sometimes behave not very decently and do not fulfill their obligations. With banks in general a separate story: they have always had debtors and so it always was, and after the crisis of 2008 they appeared in huge numbers.

At first financial structures tried to solveproblems of non-payments on their own (by phone calls, letters), then, realizing that this occupation is ineffective, they began to attract collection agencies. In the end, the only way out was in many cases the collection of debts in court.

For the bank, such a debt recovery schemealthough not the most simple, but, at least, affordable. After all, every financial institution has a staff of competent lawyers who can not only make a claim, but also defend it in court. If the creditor is a small organization or an individual in general, for him, this option may seem too complicated. Help in solving such a financial problem can debt collection service (collection agency), which is now quite a lot on the market. Employees of such a company work at all stages, ranging from telephone calls, letters and visits to the house (to the office) to the defaulter, and ending with escort in court.

In some cases, when the creditor does not havetime to "squeeze out" the debt, the loan can be sold to the same collectors, though receiving a smaller amount, but immediately. And they will then collect their debts on their own to get their money back and earn it.

If the creditor is a bank, thenthe collection of debts in court does not take place immediately. At first the problem is tried to be solved peacefully, finding out the reason for the delay in payment and trying to exert psychological influence. This is due to the fact that the claim recovery is a fairly long and rather expensive exercise (you will have to pay the state duty, the work of a lawyer, and perhaps also some expertise if the court appoints them). In the end, you can get a refusal, it also happens.

But, even having on his hands the decision of the court in histhe creditor does not always manage to collect the money. In a situation where debt collection is carried out in court, the positive outcome also depends on the work of state executors. It is this service that will carry out the search and inventory of property, at the expense of which it will be possible to satisfy all creditor claims. From the debtor sometimes there is simply nothing to take, so it turns out that the decision to collect is, but there's no sense from it.

On the other hand, the truth is not alwaysside of the lender. In some situations, the debtor is not only innocent, but also the injured party. Just a private person argue with a large system organization is very difficult, and even in the court of his right to defend not everyone can. Some do not even try, realizing that the chances of winning are small, and continue to pay incomprehensible amounts, higher interest and additional commissions charged by the bank.

But the borrower in case the bank is illegallyrequires additional amounts from him, has the right to dispute this even after the full repayment of his loan. If he is refused to reimburse overpayment, collection of debts in court remains the only way out. Of course, it is better not to do it alone, but to resort to the help of lawyers. And it is desirable to include the payment of their services in the amount of the claim.