Courts with banks on loans: case law

If a bank with a borrower has a problematic situation in the process of repaying the loan, then in most cases this results in the fact that courts are being conducted with banks on loans. At the same time, you need to understand that this is a turning point in the relationship with the financial structure, and after the court makes its own decision, you practically can not somehow influence the current situation.

What's happening

After the verdict is passed, the bailiffs execute it. It should be noted that courts with banks on loans are held often enough for the reason that financial structures understand perfectly well that bailiffs have very, very broad powers, from the possibility of retaining wages and ending with the seizure of personal property. Thus, the effectiveness of your protection during the trial will directly depend on how much money you owe to the bank and whether you owe them at all.

How to protect your interests

To ensure that courts with banks on loans are most effective, defendants must collect as much information as possible, including the venue of the meeting, clear requirements of the bank and much more. Some of these issues are fairly easy to find today via the Internet, that is, you do not even need to leave your home, but in order to get really important information, you will already have to apply directly to the court, which will provide you with case materials for further Acquaintance.

Why it is necessary

Based on this information, it will be possible to decide whether you are ready to fulfill the requirements set by the bank or, if you are not ready, which part you are going to challenge. It should be noted immediately that in the majority of cases, courts with banks on loans last for 3-12 months, so you need to be prepared for a fairly long procedure.

How to find the place of the meeting

If you learned that you are facing a court hearing from the agenda received, then in this case you are unlikely to have a question about where and when this procedure is being carried out, since the agenda includes all this information. However, practice shows that often a court with a bank on a loan can be held with a number of difficulties, so try to hedge and pre-check information posted on the website of the court. Due to this you will be able not only to protect yourself from possible mistakes on the part of court staff, but also from falsification, which is periodically resorted to by representatives of some banks or collection agencies in order to press on their borrower. Of course, not always falsification of documents is carried out when a court is in session with a bank on a loan, judicial practice says that this is more likely a rarity, but if you fall for such a company, then you will have to spend a lot of nerves and time Get rid of these problems.

What to do if they sent not just an agenda

In some situations, you can send not a subpoena, but immediately a whole package of documents, including a copy of the statement of claim from the bank, as well as the determination of the appointment of the proceedings and a number of other entries. In all these papers it will be possible to easily find the name of the court, the location of the institution, and the exact time and date for which this meeting is scheduled. Although there are practically no cases of falsification of these documents, it is still best to just go to the site of the court and additionally check the necessary information, since everything here depends on the company with which the court is negotiating with the bank on the loan. Experts say that in some cases banks resort to a variety of methods in order to win the case.

In most cases, it's enough just to enter your last name, but in some cases this does not work and you need to search for additional parameters, such as case number, date of receipt, and a number of others. Not always borrowers manage to get a timely agenda, as well as other official documents. In some cases, it happens that the communication about filing a claim with a court for non-payment of a loan is supplied by other means, among which, for example, a call to a borrower from the office, or a person simply learns that he has a trial, in the process of negotiating with his bank .

What you need to know

Regardless of how you learned about how the court under the loan passes, first of all you need to find out the name of the judicial institution, as well as the exact time of the meeting. Even after that, through the site of the court it will be possible to clarify the key points, such as:

• The validity of the scheduled meeting;
• Appointment of meetings for a certain time;
• Which judge will consider the case.

If you are not aware of the specific court in which the claim was filed for a loan, you should check several possible options, as today every judicial institution has its own website. First of all, we recommend that you familiarize yourself with the site of your district court, which relates to your place of residence. In the event that there is no information on your case on the website of the court relating to your place of residence, then in the other case you will need to check the other options where you could file an action against the court with the bank on the loan (I SP, for example, means You can also check the courts at the place of business registration).

Check the site of the district court at the location of the bank. In addition, you can make a call directly to the bank itself so that they already have all the necessary information. If no option on this list has allowed you to find information on this matter, then, most likely, you are being deceived, trying to intimidate how the court is going through with the bank on the loan, although in fact the claim was never filed.

How to obtain case materials

Before preparing for the trial, you need to understand what requirements your bank puts forward and what arguments they use to achieve the goals. Do not forget that a court with a bank because of a loan is a very serious matter, and such information is not secret and it is not so difficult to access it. In most cases, the statement of claim of the bank includes all the data you need, and at the same time you have the full right to use them.

Can they send a bank

In some situations, a copy of the statement of claim is sent directly by mail to the borrower, but this is by no means always the case when the court is in session with the bank on the loan. Judicial practice shows that this is by no means the most frequent scenario, but if this happened, this is undoubtedly a plus. Further, if you find your name on the court's website, but have not yet received a copy of the claim by mail, then do not wait for it, since you simply lose time - it's best to go to court to get acquainted with all the necessary materials.

Formally, to find out the specifics of how the court will be conducted with the bank for non-payment of the loan, you will need to contact the office of the institution on any of the working days. But at the same time, practice, again, suggests that in the majority of cases the case materials are always located with the judge who will deal with the case. Reception hours of judges are limited, and often this is Thursday before lunch, and also Monday in the afternoon. So that you do not need to visit the court twice, it is best to specify in advance the reception hours specifically for civil cases , after which you already have to plan a visit to the judge during this time period.

Different courts - different approaches

Also worth noting is the fact that different courts can use the procedure for acquaintance with cases in different ways. Thus, in some establishments you are asked to write the appropriate application, but any such details are often specified on the spot. The main thing - be sure to take your passport with you, and also specify in advance the name of the judge who is considering your case.

The case materials on the loan dispute mainly include up to 100 sheets, but in some cases the material is much larger. Just so study them on the spot will not work, so just try to take a picture of them so that you can later analyze everything in a more relaxed environment. Used in modern phones, cameras are not bad quality, but it's best, of course, to shoot on the camera. Most likely, the use of these materials is useful not only for you, but also for your credit lawyer, if you still use the services of professional specialists.

How to prepare

The key that you need to take a picture is the provided statement of claim, so you will need to study it first. This bank in the legal language fully describes the history of your relationship with the bank, and then lists the claims to you from the financial institution that it wants to show you through a court with the bank on the loan. Practice shows that if you do not have a professional legal education, then it will be extremely difficult to understand the various subtleties of this. In any case, look at the last section of the claim, which indicates exactly what amount of money the bank requires of you, and also for what reason the bank counted it exactly.

How to act

If you agree that the amount indicated by the bank is fair and justified, then in this case you do not need to take any additional actions - it is enough just to visit the court session and say that you agree to satisfy the claim. If you ignore the meeting, then the result will be exactly the same.

If the bank's requirements do not suit you, you will have to do a lot of work in order to defend your rights. You will need to conduct a detailed verification of the calculations, the analysis of the loan agreement, as well as a study of whether the claim and the loan agreement correspond to the current proof. It is for this reason that it is recommended to use the services of professional lawyers who can do all this work for you.