Dear Vera Alekseevna!

Your son cannot be registered in your apartment, because Russian Federation there is no REGISTRATION in residential premises, just like there has been no REGISTRATION for as long as 20 years.

Since 1993, the Law of the Russian Federation of June 26, 1993 No. 5242-1 “On the right of citizens to freedom of movement, choice of place of stay and residence within the Russian Federation” was introduced to the place of “registration” that existed at that time throughout Russia for citizens of the Russian Federation registration (registration) in residential premises at the place of their residence ( permanent registration) and at their place of residence (temporary registration from 1 month to 5 years).

What can Banks do in this situation?

See below the usual practice of Banks in collecting loan debts from borrowers and guarantors.

The actions of any Bank in this situation are ordinary, through which hundreds of thousands, if not millions of those citizens go through who took out loans, but could not or did not want to return them for various reasons, this also applies to guarantors.

a) First, Bank employees persuade the borrower to pay the loan and interest voluntarily, scare them with collectors, assignment of claims, the court, incl. and a criminal case.

b) Then they can transfer this case to a collection company, then the debtor will begin to have nightmare days, and maybe even nights, incl. from his relatives with whom he lives.

c) If the loan is no more than 200,000 rubles, then the Bank will not rush to go to court, since it is not profitable for it, interest, incl. higher rates are charged to any borrower.

d) And after a couple of years, the Bank will go to court to collect the loan, interest on it and increased interest (penalties).

The bank can sell this debt (assign the right of claim against the borrower) to some collection company, which has a RICH experience in “knocking out” debts even with large organizations... But banks cannot always do this. This issue needs to be dealt with separately.

If the loan is, for example, 200,000 rubles, then after 2 years the borrower’s debt to the Bank will be 3-4 times larger, although this depends on the amount of interest and the amount of increased interest and penalties.

e) After collecting the loan debt with interest at judicial procedure The bailiff will get involved in this case, and this is:

Seizures of the debtor's property;

Seizures on the borrower’s bank accounts and others, seizures of property, ban on travel outside the Russian Federation, etc.

- collection of the enforcement fee from the debtor by the bailiff, which is 7% of the amount of the debt, from the same 300,000 rubles. 7% will amount to 21,000 rubles, which bailiffs are trying to actively collect from debtors, because They are paid SSP bonuses from these amounts.

If a bailiff seizes property that does not belong to the debtor, then the owner of this property has the right to apply to the Court to remove the seizure from his property.

But legal proceedings with the Bank are not a bad option for the borrower and (or) guarantor, because Only in court is it possible to sort out your debt and, with the help of a lawyer, at least reduce the amount of claims in the form of increased interest (penalties).

And the most important thing. If the borrower has received a copy of the claim or a copy of the Court Order from the Court, then he will URGENTLY need legal assistance, with which lawyers from this site can help him by agreement.

If collectors bother you, it is also better to contact a lawyer for more detailed advice and advice on what and how to do in this case.

Bankers know how to lend their money for a while, and take someone else's money for themselves forever and in a larger amount. That's why they are Bankers.

The long and terrible story of my life... Never in my life have I lived as I live now. HUSBAND accumulated such a bunch of loans that at first I was in shock, then in despair, and now I’m just gone... So, in order.
On July 6 last year, I found out that my husband has 5 loans. V different banks, don’t ask how, I just found out. I had my own loans, I calmly pay for the car and consumer loan for home renovations. Before that, there were also loans that I successfully closed. So here it is. My mother-in-law endlessly reproached me for getting a good car, while Misha drives a broken-down four-wheeler, and he WORKS so hard! I thought, I’ll give him a gift for his birthday, I’ll give him a car. I contributed 50% of the rest to the loan, it doesn’t seem to burden anything, I make good money. And then the most interesting part. On July 2 I give him a car, and on the 6th I find out about loans. I am terrified. But you have to live somehow. We have three children, plus a foster child. We got married three years ago. I think this is my cross. I'm going to the bank to get it next loan, I pay off part of his loans, and a month later I find another card with a payment of 8,000 rubles. And I’m already paying almost 100 thousand rubles a month. I screamed, but there’s nothing to do. It’s clear that we only buy cheese and sausage for children, the cosmetologists are perplexed, I’ve been going to them for years, etc. And after the new year I find out: my hubby owes people almost 600 thousand, and he has 6 more loans. And I had to take out another loan in order to pay people off. In total, my monthly payment amounted to 86 thousand rubles. and plus it’s almost 60 thousand. Naturally, I stopped paying his loans. And the most interesting thing is that those cards that I redeemed the very first time, his cards, he pulled out of my bag and cashed them. By the way: the four-wheel drive he drove was wrecked by him more than once, and the car I gave him has also already been wrecked 4 times. Now he works as a taxi driver. brings in from 3 to 5 thousand a week. But the banks are starting to call, wow! Naturally, they sold a bunch of things from the house, from a mink coat to a kitchen... And his grandmother, 91 years old, God’s dandelion, has been living with us all this time. All my friends say, kick him, get a divorce. I am not here, I am out. I recently saw a terrible accident, and you know what I thought, it would be better if I seemed there...
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Lyubov Viktorovna, age: 45 / 04/17/2014

Responses:

1) Deal with your husband. where does he put the money? Does he have some kind of addiction or something? Either solve this problem or divorce your husband. You will not be able to repay the loans if your husband continues to take out new ones.
2) Make a loan repayment plan, taking into account your income and expenses and strictly follow it. If you can’t balance your income and expenses, then sell less necessary things, such as a car.

If you earn good money, it means you are a strong and successful person and you were able to achieve this, now you have a new goal - to deal with financial difficulties. I'm sure you can handle this.

Andrey, age: 23 / 04/17/2014

Hello!
I think you need to thank God that you still have such a good job and you can give away money somehow. that you have four children, no one dies or suffers.
Look from the outside - some people don’t see the amount of money you pay per month or for the whole year. Everything can always get worse, so you should thank God for what you have.
As for the husband, he has embarked on some kind of self-destructive path, and you, as a wife, are forced to dive deeper and deeper with him. Whether it's worth it is up to you to decide for yourself. Are you satisfied with this constant lie? Can you put up with this, are you satisfied with this situation and this behavior of your spouse. Just don’t shift the responsibility to God - that you got married and that this is “my cross”, this rather sounds like an excuse for your reluctance to interfere in the situation. God has no other hands than ours.

Margarita, age: 29 / 04/17/2014

Love, hold on! Accept the temporary deterioration for now financial situation. Remember - this is temporary, you have a good job, you have your own home. Fur coats and cosmetologists are all nonsense, the main thing is to take care of your nerves and health, that’s what is priceless.
It seems to me that your husband leads some kind of secret life that you do not yet know about. Just make inquiries. And then you yourself will understand how to act.

Svetlana, age: 34 / 04/17/2014

You need to stop paying off your loans until you figure out what's causing them. Where and why does he spend such amounts of money? If he refuses to explain his spending, sign an agreement on separate ownership of property and separate responsibility for loans. Otherwise, it’s like throwing money into an oven. His grandmother, who lives with you, is hardly involved, please don’t take it out on her. But, understand, it is simply necessary to establish the reason why he takes loans so unrestrainedly. Perhaps he should sell the car you gave him and pay off his debts, but this only makes sense if he does not immediately generate new ones. And not to sell your mink coat, since the car given to him, in fact, is not feed for the horse. Your cross is not a stupid husband, but, above all, children. They and your old parents are the only ones to whom you really have obligations.

Anna, age: 30 / 04/17/2014

Lyubov Viktorovna, it seems to me that there is no need to despair and give up. Such situations actually happen now, and in in this case think about what to do and make a decision for you. You need to think sensibly. There is no need to panic. First of all, I wouldn’t listen to my mother-in-law. For her, her son is still the best, he works very hard, but her daughter-in-law is unworthy, and she doesn’t know what she’s doing. It seems to me that it is useless to convince my husband’s mother of anything. Secondly, he is an adult, let him think about how to pay off his loans. He took it upon himself, you are not obligated to do this. You are not obligated to sell essential items to get your husband out of debt. Also enter into additional debts, take out more loans to pay off his loans. Consult a lawyer about what to do in this situation. Who is obligated to do what by law? If you decide to sell his car to pay off his debts, then maybe that will be good. Regarding divorce, here, of course, everyone determines for themselves what to do. A friend of mine with many children had a similar case: her non-working husband took out a lot of loans, but this money never reached the family. He had no intention of giving them away. When collectors began to besiege her, and her husband began to hide from them, she decided to divorce. The reason is this: if a person puts his children at risk like this, can he still be trusted? Will it not be worse (including for them). Usually by the age of 40 people have already formed, and if an adult man is not responsible for his actions, then how can you be responsible for them? On the forum of this site you can consult about debts and get advice from people who have gone through similar situations. I wish you not to lose heart or despair, because your children need you. You definitely need to take action. Well, it’s not your fault that your husband behaves like this.

Olya, age: 42 / 04/18/2014

Lyubov Viktorovna, good afternoon!
How familiar everything is. My husband, while I was staying at home with the baby, also took out loans, first those that I knew about and could control the payments. Then the nonsense began...a loan for a home theater (what is it for??), for a new cell phone (which is more expensive than an airplane), for clothes (I don’t understand at all), then I stopped understanding what was happening. Until one fine morning (fortunately I was already working), my husband told me that ours!!! the debt is more than 1 million and he quit because he was depressed and had no strength. In such a situation, no lawyer will help you; loans taken out during marriage are repaid by both spouses. If your husband disappears somewhere, goes to the bottom, you will be the one to pay. This is the law. When the bailiffs came to me to describe my property, I was already living alone and was divorced. To my question, how can my child and I live now and why should I pay alone, they answered me... sorry for you, girl, but alas, this is what happened. I won’t describe my torment for 4 years, when I worked like crazy. As a result, I filed for divorce, there were not only loans, there was a lot of other things... but... a miracle saved me, you can’t call it anything else. Otherwise, I would still be giving away money...I won’t earn that much even if I burst. Conclusion: sell cars, rags, frills and pay everything to the banks before the case goes to court. And with your husband, of course, it’s up to you to decide... but what keeps you close to a man who doesn’t care about everything... except the fear of loneliness? Keep in mind that you don’t have to pay and go through the courts, if your nerves are strong, they won’t take your apartment, Since you have children and are registered there, they will put a cross on you (if the work is official), you will be blacklisted, etc.... and collectors... hmm, this is a separate topic, by the way, which I also covered. And suicide is such a baseness... one got credits, the second couldn’t bear it and committed suicide. What about the children? And cosmetologists and fur coats are just fur coats and cosmetologists... I speak as a person who at that time sold all the family gold and sapphire rings...
By the way, years later, even having the opportunity, I don’t buy such junk for myself anymore... they’re just rings. Not more. And alas, I still can’t decide on a single loan...even though I’m working. As I remember....God take care of you. Only you can help yourself.

Elena, age: 40 / 04/19/2014

I have exactly the same situation, we lived together for so many years. I didn’t even suspect anything, I worked like hell... And we always had no money. My husband seemed to be earning some money, but then I found out that he had 8 loans from banks, and for the last two years he only told me that he was working, while he sat at home and earned nothing. I started working even more and helped pay it off. And then I find out that the banks no longer gave him loans and he took out quick loans.

For a long time I tried to figure out why he did this. In the end I concluded that my husband had gone crazy. Divorced, I feel very sorry for my son, he loves his folder very much.
It was bad, of course, and it was difficult, banks, collectors, hell all around, I worked like hell... It all ends, thank God. Now I have my own school, I do what I love, I have a good life and I happy man. I go on vacation, travel, I have many friends and interesting activities.
Don't give up, even the most terrible situations are ending.

Manila, age: 30 / 04/10/2015

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10.06.2019 Didn't pass the OGE in Russian and mathematics. Do not want to live...

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1. On December 23, 2018, my son took out a loan in the amount of 6,500 rubles. Didn’t pay. 04/06/2019 received a letter demanding payment total amount debt - 19868.06 rubles. Is the interest calculated correctly? Thank you.

1.1. Without knowing the loan agreement, it is impossible to answer the question. How can one know what is written there?
Judging by the amount, it is legal. The amount is still small. There, interest and penalties are calculated for each day of delay.

1.2. My son must have a loan agreement, look at it, it shows the interest rate. It is impossible to answer the question without seeing the contract.

1.3. Good afternoon. Microloans in MFCs/MFOs provide interest rate from 550-800% per annum. Usually calculated at 1.5-2% per day. The accrued amount is quite justified.
Due to the fact that the loan was taken out in 2018, the total amount of debt cannot exceed 3 times the amount (loan body + interest on use, this does not include interest on late payments)

1.4. Incorrect, since the amount of interest and penalties exceeded 200% of the debt amount. To be honest, it’s strange that they counted so little; there are cases when 5,000 turns into 50,000 or more. Let them go to court, declare the application of Art. 333 of the Civil Code of the Russian Federation and instead of almost 20,000 they will receive, God forbid, 10,000.

1.5. Good afternoon Ivan. Apparently, this is legal, since in accordance with the Federal Law on Microfinance Activities, the amount of interest on a microloan cannot exceed twice the amount of the principal debt, i.e. in your case, 13,000 rubles in interest + principal debt 6,500, i.e. no more than 19,500 rubles, not counting penalties. Good luck to you.

2. A widower man shares 10 g of land with his son. And he also has a loan that he doesn’t pay off. He wants to sell the land, but is afraid that the money will be immediately seized. Can he donate his share of the land and register everything with a notary? And is it necessary to have a son present? Thank you.

2.1. If the bailiff did not impose a ban on the reg. actions, then you can freely dispose of your property.

2.2. If there is no enforcement proceeding to collect the loan and a ban on registration actions on land within the framework of this enforcement proceeding, then it can. The presence of the son is not necessary; someone may be present who will have a notarized power of attorney from the son.

3. I have this question. My son took out a loan and paid for insurance, but he didn’t know that he could have not paid. There are two months left until the entire loan is repaid. He will be paid insurance in the amount of 80 thousand rubles or it will be too late.

3.1. Hello.
The insurance policy must indicate the period of insurance. There are also conditions for terminating the insurance contract.
If there is a possibility of terminating the contract, the amount of the insurance premium will be returned depending on the insurance period and the elapsed days.

3.2. Hello Lily!
You can return the insurance if 3 years have not passed since the loan was issued!
It is necessary to prepare a reasoned demand to the bank for the return of funds. It is necessary to motivate by the imposition of insurance services. For example, the imposition of an insurance service may be evidenced by the absence in the insurance application of boxes allowing one to refuse the insurance service and similar points.

4. My son is unemployed. Has not paid the loan for a year. Registered, but does not live with me. How can I prove to the bailiffs that the property is mine?

4.1. Provide checks, receipts, etc. The easiest way is to remove it from the registration register. If it does not remove itself, then you will have to remove it in court. You need to file a claim in court. Acceptance of a statement of claim by the court may be grounds for suspension of enforcement proceedings. The main thing is to properly prepare and justify statement of claim, based on the norms of the Housing Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation.

5. My son took out a bank loan and doesn’t pay. He is registered in our apartment and lives in another rented apartment. Today the bailiffs came and said that they would sue and describe the property. Do they have the right to describe the property if he does not live here with us?

5.1. Hello! Bailiffs come to the place of registration of the debtor, i.e. they will come to you anyway. You need to be prepared to have documents on hand confirming that the things belong to you, but his things are not in the apartment.

5.2. Yes, they do. The bailiffs are not obliged, in principle, to find out who owns the things - the parents will then have to go to court with an application to exclude the property from the inventory.

6. My grandmother’s son took out a loan from some organization. He hasn't paid his fees for several months. Collectors and representatives of this organization began to come to my grandmother and threaten to sell part of the apartment for non-payment. The apartment is privatized, the grandmother is the owner.

Can they sell part of the apartment to pay off the debt without the consent of the owner? And is it possible to somehow influence them?

6.1. Good afternoon

Don’t worry, no one will be able to sell anything, and let your grandmother write a statement to the bailiffs against the collectors.

6.2. No, they cannot, the lender can only claim property owned by the borrower, if he is not the owner, then contact the law enforcement agencies with a statement to the collectors regarding the concern, good luck.

7. My son took out a microloan of 30,000. 01/14/19. Didn’t pay. Today the debt is 117,000, to enter the schedule you need to pay 80,000. Is it possible to reduce the amount? Thank you.

7.1. Good afternoon Only by agreement with credit institution(if she agrees).

7.2. No more taking out microloans and debts. And paying is also not the most reliable option, because... the amount may not be enough in the end, who told you that to enter the schedule you need 80 rubles?
Wait for the trial, reduce the debt there and pay the bailiff according to the court.

8. My son has a loan. He doesn’t pay, he’s not registered with us, he doesn’t live with us, he has his own family. We must answer for our debts.

8.1. Hello.

Well, of course not.

8.2. No, the person who has undertaken the obligations is independently responsible for them and no one else is responsible for them while he is alive.

8.3. No, parents are not responsible for their children’s debts.

8.4. No. 1) Only guarantors are responsible for other people’s loans. 2) Co-borrowers are also responsible for loan obligations Money. 3) Or when changing the parties to the agreement, with the permission of the bank, “replace” the debtor. In all these cases there must be a special agreement. Collectors and collection departments may present that parents are responsible for the debts of their adult children, etc. This is misinformation.

9. My son’s father owes child support but doesn’t pay it. I have a loan that I don’t have the means to pay. Is it possible for me? credit debt transfer the former common-law husband to alimony.

9.1. No you can not. Only if by agreement with the child’s father informally.

9.2. Good afternoon
Unfortunately, alimony and your credit obligations are unrelated legal obligations. Therefore, the two problems should be addressed separately. There are no legal grounds for offsetting or assigning rights of claim under your loan and debt for alimony payments.

9.3. Credit is your problem.
All questions about alimony go to the bailiffs, and if you don’t bother them, then you’ll sit without alimony.
File a penalty for alimony, prosecute under Article 5.35.1. Code of Administrative Offenses of the Russian Federation, according to Article 157 of the Criminal Code of the Russian Federation, and then deprive them of parental rights.
For studying - " Guidelines according to the procedure for fulfilling the requirements of executive documents on the collection of alimony" (approved by the FSSP of Russia on June 19, 2012 No. 01-16).

10. The borrower does not pay the loan, the debt is written off from my son. He has a family, a one-year-old child and a salary of 11,000 rubles.

10.1. If the son is a guarantor, then he is jointly and severally liable. He can legally reduce the amount of monthly deductions.

11. My mother died, there are still loans, my son is registered in the apartment, can I inherit the apartment and not pay the loans?

11.1. Hello! No, along with rights, you also inherit responsibilities, including debts. Regarding loans, please clarify whether life insurance contracts may have been concluded.

12. My son is registered with me, but he is married and does not live with me. He took out a loan and the bank does not pay for it. He filed a lawsuit, but he ignores it. Can the Priest Court come to me and confiscate my property and how can I prove that it is not his?

12.1. They may impose a penalty on the property located in your apartment. Either discharge your son in court, or you will have to prove that the property belongs to you.

13. The son does not pay the loan. He is registered and lives with his parents. His parents want to kick him out of the apartment. What will the bailiffs do in this situation?

13.1. Hello! If a man is documented to be discharged and does not live in the apartment, then no one can seize the property.

14. I have a question. My son took out a loan for 4 years and I became a guarantor. He did not pay at all and does not pay. Now I have received notice that there will be a trial. The amount is too much for me. I own an apartment and also have a minor (9 years old) child registered. Can I miss this apartment? And what can I be awarded? Answer please. Thank you in advance.

14.1. Hello, Natalia!
If this apartment is your only home, then you have nothing to fear for it; it cannot be taken away from you by court decision.
You will be awarded the amount of debt between you and, by court decision, up to 50% of your income will be withheld from you monthly.

14.2. Hello!

If the amount is over 300 thousand rubles, then you can apply for bankruptcy.

15. My son was given MFO loan, the first time he couldn’t pay, I paid it myself, but he went to the MFO again and he was approved again, but for a larger amount, do I need to complain to the MFO that they gave me a loan that he had not closed before? Thank you!

15.1. No one will write off the debt, and no claims will help (they will not prevent further lending of money). Your son is an adult and the MFO independently determines whether to approve the loan. For the creditor, it does not matter who repaid the debt. The main thing is that promissory note done.

16. I haven’t paid the loan for 5 years, now they are calculating 50%, my dependent son is 10 years old, my husband is unemployed. Sk. % should I pay?

16.1. According to the Labor Code of the Russian Federation, the amount of salary withheld on account of debt is calculated in the following proportions:

By law - 20% of salary;
according to federal law or court decision - 50% of salary;
exceptions to the rules (for example, alimony) – 70%.
The most common rate is 50% withholding from wages against credit debt.

If the borrower has children, the amount of withholding is reduced:

The presence of 1-2 children - bailiffs do not have the right to withhold more than 30%;
Having a child studying at a university other than budgetary basis – 30%.
Death of a spouse and presence of minor children – 25%.
Death of a spouse and absence of minor children – 50%.
Based on this list, we can say that the law provides some benefits to debtors with children. But nevertheless, deductions from wages for loans occur on a regular basis.

16.2. Hello, if you have a problem with a credit institution (you can’t pay the debt, you want to return your insurance, the bank illegally wrote off funds, a court order has been issued, collectors are pestering you, and much more), then you will find the answers to your questions in my topics on this forum :

You will find useful information in my forum topics:

Also, keep in mind that today there are many ways in which you can legally get rid of loan obligations or at least make it impossible to collect the debt under the loan agreement. These include termination loan agreement, recognition of the transaction as invalid, challenging the terms of the contract as contrary to the law (Article 168 of the Civil Code of the Russian Federation), recognition of the transaction as enslaving (clause 3 of Article 179 of the Civil Code of the Russian Federation), bankruptcy of individuals and termination of enforcement proceedings on the grounds of Art. 46 ZF "On enforcement proceedings" To understand your situation directly, you need to see documents that can be sent by email [email protected]

17. My son took out a loan and didn’t pay, we found out about this by accident, the amount of the overdue loan is 200 thousand + interest is 200 thousand and the penalty is 700 thousand. We could immediately pay for the loan and interest but no penalties and fines there is no such money, what should we do? , what to do.

17.1. Not a bad loan. Interest on loan reduction under Art. 333 of the Civil Code of the Russian Federation are not subject to this, but penalties can be reduced or even removed. The amount is unreal. Wait for the trial, then contact any lawyer from the site.

17.2. In this case, it is better to wait for the notice from the court. In court proceedings, you will be able to reduce fines and penalties, according to Art. 333 Civil Code of the Russian Federation.

17.3. Your question regarding a loan has a real legal solution with professional legal assistance.

In order to get rid of a loan, it is necessary to pre-trially terminate the loan agreement and refuse to fulfill it and pay interest.

This is done on the basis of Articles 10, 12, 16 of the Federal Law “On the Protection of Consumer Rights” - an imposed loan service, incomplete information about its conditions on the part of the Lender and termination of the contract in this regard on your part.

The grounds for termination of the loan agreement provided for are also used. Civil Code Russian Federation:

Article 166 of the Civil Code of the Russian Federation – Voidable and void transactions – loan agreements concluded in violation of the Law.

Article 168 of the Civil Code of the Russian Federation - Invalidity of a transaction that violates the requirements of a law or other legal act - also applies to a loan agreement that violates the Federal Law “On the Protection of Consumer Rights”.

Article 178 of the Civil Code of the Russian Federation - Invalidity of a transaction made under the influence of a material misconception.

Article 179 of the Civil Code of the Russian Federation - Invalidity of a transaction made under the influence of deception or unfavorable circumstances - a transaction on extremely unfavorable conditions, which a person was forced to complete due to a combination of difficult circumstances, which the other party took advantage of (enslaving transaction).

All these grounds give the right to terminate the loan agreement and refuse to fulfill it, pay interest and return the loan insurance, as well as get rid of the demands of collectors.

To do this, it is necessary to draw up and send to creditors and the relevant authorities legal and justified juristic documents– claims and statements.

Moreover, the procedure is tens of times more effective and cheaper than bankruptcy. individual.

18. If the son took out a loan and did not pay it, can the mother describe the property. If it is registered with the mother?

18.1. Marina, bailiffs do not have the right to describe property that does not belong to the debtor.

18.2. If the son took out a loan and does not repay it, the property belonging to the son (!) may be foreclosed on.

19. My son is 21 years old, doesn’t work, last year he took out a phone on credit without a down payment for 40 thousand. He doesn’t pay, what threatens us? Seizure of property?

19.1. Hello, Natalia! There is no threat without a trial. Bailiffs will start working only after the court decision comes into force or court order in with legal force.
You (and as I understand it, you are a mother) are not in danger, this is his debt.
When will the bailiffs start the process? enforcement, a penalty may be imposed on your son’s income and property may be seized.

20. My son has not paid his loan for a long time, letters are coming from third parties threatening to deprive the property located in common property. The son owns 1/4 share of the apartment in common shared ownership, he wants to give me his share, is it necessary to make a donation agreement through a notary?

20.1. Almost two years ago there were changes in legislation: now transactions with shares require notarization. That is, it will not be possible to formalize such an agreement in simple written form. A notary is required.

21. Here’s what I asked my son to do: a friend of mine asked me to take out a loan. He said that he would pay, but... He doesn’t pay. What to do? How can I sue him? Record a telephone conversation? Or? Help! Thanks in advance.

21.1. Hello! It all depends on how you transferred the money to him?

22. My son took out a loan for quick money, but does not pay. Lives in another city, my phone number is listed as an additional contact. My son changed his number, which is why all calls from this organization come to me. Naturally, my wife also takes part in these conversations. Talking has no effect on my son; there is no way to pay for him. The situation is as follows... they promise to quickly take the money to court, and we have a feeling that the bailiffs will come to us and describe the property, because... he is registered and owns one fifth of the apartment. Question: will we really be held responsible for our negligent debtor, are we really threatened with debt collection through the seizure of property? Thanks for the answer!

22.1. Good day, Andrey!

Bailiffs can write off debt from your son’s cards, does he officially work for you? Has an income?

22.2. No, you won’t, but it’s better to forcibly stop registering your son.

Sincerely, financial lawyer – Stepanov Vadim Igorevich.

23. Primsotsbank deducted half of my son’s salary for an unpaid loan. ALTHOUGH THEY DID NOT SEND HIM A COURT ORDER AND DID NOT CALL HIM TO THE SESSION. Is this legal? his wife is on leave to care for a child under 3 years old and they have a very difficult financial situation.

23.1. Wrongful. They should have been notified of the court hearing. They should also have sent a copy of the decision. In addition, the bailiffs must first send a resolution to initiate enforcement proceedings and offer to voluntarily execute the decision.

23.2. Wrongful. You need to appeal. Because you were not notified of the date of the hearing and could not defend your rights in court. The decision will be overturned and the case will be reconsidered.

23.3. Hello, dear Anna Nikolaevna!
Firstly, your son needs to find out exactly (for this you need to make a written request!) from this Bank on what basis the money was written off from his account.
Only after this, when he receives a specific answer from the Bank, can he do something, preferably with the help of a specific lawyer.
There is no point in wondering now on what basis the specified Bank wrote off money from his account.
Secondly, money from his account can be legally written off by the Bank for various reasons:
1 Based on a court order issued by the court, which can be easily canceled if the deadlines for this are not missed.
2 Based on the Writ of Execution issued by the court after the court decision entered into legal force. In order to overturn a court decision, the grounds specified in the Code of Civil Procedure of the Russian Federation are needed.
The fact that the defendant did not receive a subpoena, did not receive a copy of the court decision, etc., is not a reliable basis for overturning the court decision.
3 Based on the loan agreement concluded by your son with Primsotsbank (if he entered into such a loan agreement with this Bank).
Good luck to you and your son.

23.4. Your son needs to get a court order as soon as possible and write a statement to cancel it. A court order is issued without summoning the parties.

23.5. Hello, please clarify, is your son’s salary account opened in the same bank where the loan debt is?
Are you sure that the bank wrote off the funds based on a court order, since it could have written off on the basis of the son’s consent to direct write-off.
You need to get information from the bank on what basis the funds were written off; you can get an account statement.

24. My son does not pay the loan, has no property, only a share in our apartment, does not work, the bank or collectors have to describe the property of our apartment, although it was acquired by me.

24.1. Good afternoon Tatyana, in your case, according to the Federal Law “On Enforcement Proceedings” - YES, since your son has a share in the apartment, this share They can seize the property - they will seize only the property for which there will be no documents confirming ownership, they will not be able to take everything that is yours, they will not take the share either - only if it is your only home.

24.2. Hello Tatiana! Neither the bank nor the debt collectors have the right to describe any property. This can only be done by bailiffs and only after they receive a writ of execution issued on the basis of the relevant judicial act. Not earlier.
Sincerely, A.D. Ruslin.

25. My friends have a problem. My son took out a loan, but can’t pay now, has no job, is under investigation, has problems in the army. Left the place of contract without permission. Now they are threatening him from the bank, doing nasty things to his parents, although he does not live with them, he is only registered. Lives separately with his wife in an apartment. Do the bailiffs have a claim on the mother’s property and apartment?”

25.1. Hello, site visitor, in your case, mothers do not have the right to claim the property and apartment, but they can go to the son’s place of registration and describe the property, the mother needs to prove with an inventory that the property belongs to her.
Federal Law "On Enforcement Proceedings" dated October 2, 2007 N 229-FZ ( latest edition)

26. My friends have a problem. My son took out a loan, but can’t pay now, has no job, is under investigation, has problems in the army. Left the place of contract without permission. Now they are threatening him from the bank, doing nasty things to his parents, although he does not live with them, he is only registered. Lives separately with his wife in an apartment. What should parents do in this case? The son does not communicate with them. Can his mother eject him from the apartment if it is her property without any problems, without her son’s consent?

26.1. Hello, Olga, it is possible to deregister your son only by a court decision. That is, if he does not live there, then the owner has the right to file a lawsuit to recognize the citizen as having lost the right of residence. If you need help, please contact us. Good luck!

26.2. Good afternoon Olga, yes, a mother can discharge her son without his consent, but only through the court. Moreover, in the current situation, I recommend doing this, since the bailiffs will come exactly to the son’s registered address, that is, to the parents.

26.3. Good day. Deregistration of a son without the consent of a son can only be done in court, and it is not a fact that the court will satisfy the claim.
I wish you good luck in resolving your issue.

26.4. Yes, the owner has the right to terminate the registration of any persons, except in cases provided by law. Also, from January 1, 2017, it is possible to refuse in writing to interact with creditors on in the prescribed form.

Today, there are many ways in which you can legally get rid of loan obligations or at least make it impossible to collect the debt under a loan agreement. These include termination of a loan agreement, recognition of the transaction as invalid, challenging the terms of the agreement as contrary to the law (Article 168 of the Civil Code of the Russian Federation), recognition of the transaction as enslaving (clause 3 of Article 179 of the Civil Code of the Russian Federation), bankruptcy of individuals and termination of enforcement proceedings on grounds Art. 46 of the Federal Law “On Enforcement Proceedings”. To understand your situation directly, you need to see the documents that you can send by email.

Sincerely, financial lawyer – Stepanov Vadim Igorevich.

27. I have a registered acquaintance with his son, who, as it turned out, does not pay the loan. They never lived with me. The bailiffs are threatening to take my property. Is this really possible?

27.1. Marina good afternoon! If you prove that it is your property there will be no problems! I advise you to write out your acquaintances from the court, so that later future problems did not have!

27.2. Marina, hello.
An inventory of property at the place of registration of the debtor is possible. If you cannot prove with documents that the property belongs to you, it may be included in the inventory. The problem can be solved by deregistering relatives who do not actually live in the apartment. If they voluntarily refuse, go to court, and as soon as possible.

27.3. It is possible if you do not prove on the spot (with sufficient documents) the fact that the property belongs to you. Otherwise, the property will have to be released from seizure through the courts. As an option, you may have time to remove your friend and his son from the registration register in your apartment in court by filing a claim to recognize them as not having acquired the right to use the residential premises.

28. My son took out a loan to his partner and they don’t pay him, but he is registered with me. The bank calls me and threatens that they will seize the property.

28.1. Hello, Marina!
If you did not act as a guarantor, justify your answer to the bank in this way: “In accordance with Article 819 of the Civil Code of the Russian Federation, our adult son entered into an agreement with the bank, and we are not a party to the agreement and are not liable with our property for our son’s debts.”
But problems can still arise. If the bank goes to court to collect your son's debt, and he refuses to pay (assuming he does not have cash or a solid income - work to which he can send performance list), then bailiffs may come to your home to seize your son’s property. After all, it is registered at your address! This unpleasant situation happens quite often.
Since your belongings are also in the apartment, then in court you will have to release the property from seizure and exclude it from the inventory (Article 442 of the Code of Civil Procedure of the Russian Federation). To avoid possible unpleasant procedures, it is better to agree with your son in advance or contact a lawyer. All the best!

29. My mother-in-law took out a loan and does not pay. Should the son pay for her if he does not live and is not registered with her and is not a guarantor?

29.1. Dear Anna! No, the son should not pay the loan for anyone, since the mother-in-law is the borrower from the bank, she herself must bear responsibility for her obligations.

29.2. Hello. Of course you shouldn't pay in this case. Registration and residence do not matter. The main thing is that he is not a guarantor. He can only pay on a voluntary basis if he wants to help his mother.

30. The wife is a guarantor for her son in the savings bank and she has her own loan there, which she pays regularly. My son doesn't pay. The bailiff offered to sign a paper to deduct her and her son’s salary, but she refused. When she came to pay for her loan, her money was used to pay off her son’s loan, but her loan remained unpaid. This is right?

30.1. Hello. This cannot happen - each loan is an independent agreement with independent parties.
Help in the fight against banks: romanovaa.ru-banks-loans.

31. The son does not pay the loan, he is registered with his father, but does not live. To let it in or not bailiffs, the house is deeded to the father, his things are not there.

31.1. Hello, . If your son is registered in your apartment, by default this means that his place of residence is in this apartment. And, therefore, the place of residence of the debtor. Bailiffs are not obliged to establish through operational investigative means whether he actually lives there; his registration is sufficient.

Bailiffs are required to describe the property owned by the debtor in order to repay the debt. If you do not provide proof that the property belongs to you, it will be described. Therefore, you should prepare documents in advance confirming that the property belongs to you (bought in your name). Such property cannot be included in the inventory.

If there is no evidence that the property belongs to you, it will be seized as belonging to the debtor. And then you will have to go to court with a request to exclude the property from the inventory. However, in court you must also prove that the property was acquired by you.

Bailiffs do not have the right to seize property that obviously belongs to the debtor’s parents or other persons and does not belong to the debtor. Good luck. IN.

32. In 2006, the son took out a loan for his partner, then they separated, did not work anywhere, did not pay the loan, in 2012 there was a trial and the parents already paid the due amount and received a paper from the bailiff to terminate the case against their son, but the bank sold the debt To this day, collectors receive calls and letters from them demanding that they pay them a small amount, but they also resell this debt. How to get rid of them, since in fact the entire amount was repaid back in 2012?

32.1. These are ordinary scammers. In order to prevent anyone from calling, it is necessary to prepare and send to creditors a statement of refusal to cooperate in the prescribed form. This became possible due to changes in the Legislation dated January 1, 2017.

Today there are many ways to get rid of credit. This may be the termination of the contract, and declaring it invalid in whole or in part, declaring it not concluded, refusal to satisfy the bank’s demands, writing off a debt through the bankruptcy procedure of an individual, termination of enforcement proceedings on the grounds of Art. 46 Federal Law “On Enforcement Proceedings” and many other legal tricks. Get rid of it correctly credit debt and the loan agreement itself A financial lawyer can help.

.

33. Can bailiffs seize the property of parents if the son does not pay the loan and is registered with his parents.

33.1. Good afternoon
Bailiffs can seize property located at your son's registered address.
If your property is seized, you must file a lawsuit.

You are the owner, which means, according to Art. 12 of the Civil Code of the Russian Federation, you have every reason to protect your rights. In case of seizure in order to secure a claim or execution of executive documents on property that is not the property of the debtor and does not belong to him by right of economic management or operational management, the owner of the property (legal owner) has the right to file a claim to release the property from seizure (clause 28 Resolutions of the Plenum of the Supreme Arbitration Court RF dated February 25, 1998 No. 8 “On some issues in the practice of resolving disputes related to the protection of property rights and other property rights”).

When going to court, you must confirm that the things belong to you!

34. Should my son pay the loan if he owes money? If he is disabled in group 2 and the creditor does not sue? And continues to call him about transferring his debt to a group of people?

34.1. Having a disability does not exclude you from liability for debts. This is the right of the creditor to collect debts or resell the debt to third parties.

35. My son took out a loan of 200,000 rubles from a savings bank. At first he paid for probably a year, but now he hasn’t paid for two years, because he doesn’t work anywhere and drinks, he doesn’t have a family. what will happen to him?

35.1. Good evening, The main sanctions that can be expected in case of non-payment are specified in the loan agreement. The very next day after you miss the payment date, a penalty is added to the total debt. Next, the bank either sues the debtor or sells the debt to a collection agency to collect the debt.

35.2. Nothing will happen, now the main thing is to get rid of the loan and not pay anything to the bank. Today there are many ways to get rid of credit. This may be the termination of the contract, and declaring it invalid in whole or in part, declaring it not concluded, refusal to satisfy the bank’s demands, writing off a debt through the bankruptcy procedure of an individual, termination of enforcement proceedings on the grounds of Art. 46 Federal Law “On Enforcement Proceedings” and many other legal tricks. Correctly get rid of credit debt and the loan agreement itself A financial lawyer can help.

Sincerely, financial lawyer – Stepanov Vadim Igorevich.

36. The son took out a loan and does not pay; we can take some measures.

36.1. My son took out a loan and doesn’t pay
My son took out a loan and doesn’t pay us, we can take some measures

To my son, not to you.
They will collect funds. If, indeed, there is no fraud.

36.2. Hello, my son has an obligation to the creditor and the creditor is obliged to collect the debt by all legal means, I recommend paying the debt before the debt is handed over to the collectors, if the amount is very large, then do not pay and wait for the court.

36.3. They cannot take any action against you. Extreme case- the debt is collected from the son, the bailiffs go to his registration address, if this address coincides with yours - they can describe your property (again, provided that you do not prove that it is yours and not his property). If your son is only registered with you, but does not actually live for a long time, remove him from the registration register in court. This will solve several problems at once.

37. I have a son registered in my house who does not pay the loan, he has nothing in his property and he has not lived at his place of registration for a long time. Can they describe the property, house, land?

37.1. Good evening to you. Dear Mikhail, in this case, you are not responsible for your son’s obligations; the only thing that can be seized is the property in the apartment, since your son is registered at your address.

37.2. Hello, bailiffs can only describe the debtor's property. They have no right to describe your property.
Good luck and all the best

37.3. If the property does not belong to the debtor, then it is not possible to seize it, since the bailiff must describe only the property of the debtor. If he registers at his place of residence, the bailiff has the right to seize the Property located at the debtor’s place of residence.

37.4. If there is nothing from your son’s property, then nothing will be seized, you are not responsible for your son’s debts
It’s better to submit an application to the court to recognize your son as having lost the right to housing due to non-residence (to file a claim, contact a lawyer)

37.5. Hello! It is advisable for you to deregister your son as the bailiffs at your place of registration will come and inventory the property.

38. My friend’s son took out a car on credit and the loan doesn’t pay off. Could she be harmed by collateral for the car?

38.1. She cannot suffer because she has nothing to do with this loan. The bank will make demands only on the borrower.

38.2. If she was a guarantor for the loan, then maybe. The bank is not very interested in the car; the bank needs money. And the bank will collect money from both the debtor and the guarantor. If your friend was not a guarantor, then there is nothing to fear.

38.3. Good afternoon. If they do not have common property, then she will not have problems.
Sincerely, lawyer Evgeniy Vladimirovich Dolgikh.

38.4. Good day to you.
Your friend’s son will be obliged to repay the loan and interest on it. The bank has no right to demand anything from your friend since she is not the guarantor for this loan.

39. My son took out a car on credit. Gave it to my mother and me. I didn't know about this. I lost my job, couldn’t pay, now we have problems. I need some advice.

39.1. Hello, dear Lyudmila
What exactly is your question?
Check to get an answer
Good luck to you in resolving your issue.

39.2. If you can't pay your loan, don't pay. Wait for the bank to go to court. In court, ask for an installment plan based on Article 203 of the Code of Civil Procedure of the Russian Federation, and to reduce the penalty based on Article 333 of the Civil Code of the Russian Federation.

39.3. Good afternoon.
Contact a lawyer on our website personally or write to him by email. email (usually it is listed under the answer), state everything in detail, he will provide you with legal assistance. Quality legal assistance and integrity is guaranteed.

39.4. Hello, the situation is unpleasant but there is nothing terrible in it, now there are a lot of people with such problems, you now need to resolve all the issues that arise within the framework of legal proceedings, it is possible to both reduce the amount of debt and get rid of it completely (in the rare case, if there are any or formal violations on the part of the bank, for example). Of course, you and your son need to seriously prepare to competently protect your interests; there are opportunities for this both with independent participation and by concluding an agreement with a specialist. In order to have the means to resolve the issues, I advise you to sell the car.

40. At my son's the large family, the car is on credit, they couldn’t pay on time, the car was seized, is it possible to do something now to prevent the car from being taken away from them?

40.1. Good day!

It is necessary to eliminate loan debts - Take a loan yourself and help your SON
Good luck to you! Always happy to help

41. My son has not lived with me for 8 years; he is registered with me and I have taken out a loan from him. He paid for 2.5 years when he had a job, the company fell apart, then he got sick, he asked the bank for a deferment, so they calculated it for him, he took 100 thousand already for 2.5, how much he paid them, they filed a court order to urgently pay 98 thousand, he doesn’t have that kind of money right away, can the bailiffs describe the property of his mother, whose pension is 9,000 thousand; he has no property.

41.1. Good day to you. If it is registered with you, then the bailiffs can come to your place of residence and make an inventory of the property. Good luck and all the best.

41.2. Hello,
yes, of course, they can seize your property for debts if it is registered in this apartment
But they can’t send mothers to retire on hold
Good luck to you in resolving your issue.

41.3. Good afternoon, dear visitor!
If he is registered there, then the bailiffs can come and search for the debtor’s property. Therefore, it would be better for him to check out of there
All the best, I wish you good luck.

41.4. Nadezhda, good day!
As part of the initiated enforcement proceedings, bailiffs have the right to go to the debtor’s registered address to check his property status.
But you also have the right not to allow SPIs into your living space. Referring to the fact that your son does not live with you and there is no property in this premises.

Good luck and all the best!

41.5. ☼ Hello,
Bailiffs have the right to seize property at the place of registration of the debtor; you will have to prove with documents that the property belongs to you
I wish you good luck and all the best!

41.6. If there are properly executed documents
then the bailiffs will not arrest you.

Russian Federation. Property that cannot be foreclosed on executive documents 1. Collection under executive documents cannot be applied to the following property owned by a citizen-debtor by right of ownership: residential premises (parts thereof), if for the citizen-debtor and members of his family living together in the owned premises, it is the only one suitable for permanent residence premises, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and can be foreclosed on in accordance with the legislation on mortgages; land plots on which the objects specified in paragraph two of this part are located, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and can be foreclosed on in accordance with the legislation on mortgages; items of ordinary home furnishings and household items, personal items (clothing, shoes and others), with the exception of jewelry and other luxury items; property necessary for the professional activities of a debtor citizen, with the exception of items whose value exceeds one hundred established federal law minimum sizes wages; used for purposes unrelated to the implementation entrepreneurial activity, breeding, dairy and draft cattle, deer, rabbits, poultry, bees, feed necessary for their maintenance before being driven to pasture (going to the apiary), as well as outbuildings and structures necessary for their maintenance; seeds needed for the next sowing; food and money for a total amount not less than the established amount living wage the debtor citizen himself and his dependents; fuel necessary for the family of a debtor citizen to prepare their daily food and heat their living quarters during the heating season; means of transport and other property necessary for the debtor citizen in connection with his disability; prizes, state awards, honorary and memorable signs awarded to a debtor citizen.

42. The mother took out a loan; after her death, can they force her to pay the loan to her son?

42.1. ☼ Hello, If a son inherits from his mother at a notary, he will have to pay his mother’s debts

I wish you good luck and all the best!

42.2. Good day.
If the son accepts an inheritance from his mother, the loan will have to be paid based on the value of the inherited property.
If he does not inherit anything from his mother, he will not be obliged.

42.3. Hello.
The heirs, along with the property of the deceased, also acquire his debts.
Thus, if you inherit, you will have to pay the loan.
If you refuse the inheritance, then you will not pay your debts.
Best wishes

42.4. They cannot force it. But the creditor has the right to receive funds for the inheritance set. That is, if the son or other heirs accept the inheritance, then the debts of the testator (mother) must first be repaid from the inheritance, and the rest of the property remains to the heirs. And here it is up to the heirs to decide whether to accept the inheritance. If the inheritance includes, for example, an apartment or house, which cost a million or two, and the loan debt is 100-200 thousand (for example), then it is quite logical to accept the inheritance, but also accept and pay the debts, since it will pay off them in court - more expensive. And if the inheritance includes a share in an apartment or other property worth 100-200 thousand and the amount of debt is 100-200 thousand, then most likely the inheritance should not be accepted. Although, in general, a decision must be made on the basis of precise data, and not theoretical questions.

42.5. Good day to you. If the son enters into an inheritance, then of course he will inherit debts as well. Good luck and all the best.

42.6. The heir is liable for the debts of the testator to the extent of the property received
If you did not accept the inheritance, you will not be responsible for your debts.

43. My son, 22 years old, took out a loan a year and a half ago and does not pay. Now he has 2 months left in the army until the end of his service. Can bailiffs seize property? The son has no property of his own. The house was bought with maternity capital.

43.1. Bailiffs may come to check your property; bring them a certificate from the military registration and enlistment office; enforcement actions will be suspended for the period of military service. Without a court decision, bailiffs cannot do anything.

43.2. Good afternoon In this case, if there is no property, then they cannot seize anything; if they come from you, then you need to indicate that he does not live with you, since he is in the army and does not have any property, if he is registered with you, then it is better that you have checks and receipts to confirm that the property is yours.

43.3. No, if he doesn’t have anything, they won’t take it away. You are not responsible for your son’s debts with your property. They just have to exact it from him. All the best!

43.4. Good day. A bailiff can come to you only if your son is registered and there is enforcement proceedings against him. If the creditor did not go to court, then there is nothing to worry about.

44. My son took out a loan for a business, but the business didn’t work out and he had nothing to pay with. What to do?

44.1. Good day! In your case, either write an application for loan restructuring, if the banks refuse to restructure and you have arrears, wait for the banks to go to court. In court, according to Art. 333 of the Civil Code of the Russian Federation, you have the right to file a petition to reduce the penalty, thereby reducing the debt to the creditor. You also have the right to write an application for an installment plan or deferment of debt payment. Courts usually accommodate borrowers halfway.

44.2. Hello! Contact the creditor with an application for an installment plan, deferment of the debt, or wait for the trial. In court, ask for a reduction in the penalty in accordance with Art. 333 of the Civil Code of the Russian Federation, this will reduce the amount of debt.

44.3. The payable penalty established by law or contract, if it is clearly disproportionate to the consequences of violation of the obligation, can be reduced in court (clause 1 of Article 333 of the Civil Code of the Russian Federation).

44.4. Good afternoon.
Depending on the loan amount.
If more than 500,000 rubles, then you can use the bankruptcy procedure and write off the debt.

44.5. Love, good afternoon! If you have nothing to pay, then don’t pay, wait until you go to court. In court you will be able to reduce fines, interest on debt, and apply for installment plans and deferred payments. Eventually you will be able to pay off your debt. small amounts. All the best!

44.6. Usually if credit borrower adult, he must himself be aware of the possible risks and the consequences of their occurrence. If credit history If it’s not completely “garbage”, then you can try to do a restructuring at the bank, but this is only at the discretion of the bank.

45. For a loan Do bailiffs have the right to seize property from parents whose son does not pay the loan? But not registered with them?

45.1. Hello. No, parents are not responsible for the debts of their adult son. Moreover, if he is not registered with them, they do not even have the right to go to their address.

45.2. The parents of an adult capable person do not bear any responsibility for the debts of this person and, naturally, do not have to pay anything.

45.3. Hello.
Parents are not responsible for the debts of their children; bailiffs do not have the right to describe the property that is owned by the parents.

45.4. Good afternoon No, parents are not responsible for their son’s obligations at all, and bailiffs do not have such a right under any circumstances.

45.5. Good afternoon
Property within the framework of enforcement proceedings can be subject to foreclosure only if it belongs to the debtor. Another question is that it doesn’t say who it belongs to. We'll have to prove it somehow.

46. ​​My son took out a loan and does not pay, he is 23 years old, I cannot help because I have no funds. But they call me from the bank and threaten to describe my acquired property for their loan. What should I do.

46.1. Hello, Lilia!
File a police report regarding extortion (Article 163 of the Criminal Code of the Russian Federation). You can also write a complaint to the prosecutor's office about a violation of constitutional rights.
Good luck to you!

46.2. These are just threats, since they won’t be able to sell other people’s property for debts. It makes sense to contact the prosecutor's office regarding violations of the anti-collection law.

46.3. Hello! Send them to court. Bank employees do not have the right to seize your property. A bailiff has the right to seize property and only by a court decision. Good luck to you!

47. My son took out a loan with money and doesn’t pay them. They sent a letter saying they would describe the property. He doesn’t have any property registered at home, but he’s been living wherever he wants for 5 years, so why will they describe my property.

47.1. If, when making an inventory of the property, you do not prove that it was acquired only by you, and not by the debtor, then you may have to describe it and have to go to court with the exception of the property from the acts of inventory and arrest, and prove the same thing to the court.

47.2. No one will describe the property, don’t worry. If there are delays, there is no point in paying, let them go to court, at the trial, on the basis of Article 333 of the Civil Code of the Russian Federation, ask to reduce the fines and penalties and terminate the contract, the awarded amount and the son will pay. If you have a complaint about the actions of an MFO, you can go to the website of the Central Bank of the Russian Federation at the Internet reception desk.

47.3. Good afternoon
If your son is registered in your apartment, then the bailiffs have the right to seize the property located in this apartment
You need to prove that your son does not live in the apartment and there is no property in the apartment.
Or you will then have to go to court to remove the seizure from your property.

48. My son took out a loan from a Russian standard bank, paid for two years, then he couldn’t, the debt was 52,000 rubles, the bank filed a statement with the police, they called my son today and said pack your things tomorrow they will come for you, what nonsense. Tell me what to do in such a situation, it’s kind of a nightmare.

48.1. Good afternoon. The creditor has the right to contact law enforcement agencies. They, in turn, will conduct an inspection; if it is revealed that you took out a loan with the intention of not repaying it, then a criminal case may be initiated under Part 1 of Art. 159 of the Criminal Code of the Russian Federation. But this rarely happens; it is enough to provide evidence of deterioration financial situation. In the future, collection is carried out in court. If the creditor goes to court, they will collect from you the amount of debt, interest, and legal costs.

48.2. Hello!
Most likely, the bank transferred your debt to collectors.
They will influence you in all ways. The police will not deal with this issue, no one will come for you, this is truly nonsense.

I wish you good luck and all the best!

48.3. Hello! These are most likely debt collectors and thus have a psychological impact on you and your family members. The police would not have warned, and in the course of the case there are civil relations between your son and the bank and the issue should be resolved in court according to civil case. If you call again, file a police report regarding extortion. GOOD LUCK TO YOU!

48.4. Good day. Most likely the collectors called. Police officers don't behave like that. They don't call with threats, but call with a summons. This is a common psychological move by debt collectors. All the best and thank you for visiting the site.

49. My son took out a loan, he doesn’t pay from the bank, they call and threaten with bailiffs that they will take my property, my son is registered but does not live, when he took out the loan, I didn’t sign anywhere and they didn’t ask me if he could pay it.

49.1. GOOD DAY

Based on calls - a statement to the police regarding threats and extortion.
No one has the right to take YOUR property

GOOD LUCK TO YOU AND ALL THE GOOD

50. MY SON IS SERIOUSLY ILL, HE CAN’T PAY THE LOAN HE CAN’T MDM BANK CLOSED IN B&N BANK THEY DID NOT HELP ME WHAT SHOULD I DO IF MY ENTIRE PENSION GOES FOR MEDICINES CONSULT BY LETTER TO THE ADDRESS [email protected]

50.1. Hello.
If there is no way to pay him, then let him not pay.
Let the creditor then go to court and prove all the circumstances.
Good luck to you.

This often happens when a son is registered with his parents, but does not pay his loan. He actually lives at a different address. However, when problems arise with loan repayment, bailiffs come to the place of registration to make an inventory of the property.

Will they be able to take away their parents' property? We'll talk about this in more detail below.

Of course, no one is obliged to answer for the debts of other people, including parents for their son. The bailiffs themselves are aware of this, and therefore do not describe everything they see in the house. However, you should carefully prepare for a meeting with bailiffs.

Firstly, you must immediately inform that the debtor has not lived for a long time. to this address, so there is nothing here that belongs to him and can be taken away. It is not a fact that they will take your word for it, and therefore you will need to provide all the necessary documentation that confirms the right to ownership of this or that thing.

Such papers include the following:

* Agreement on the purchase of real estate.

* Cash receipts.

* Warranty cards for household appliances and others.

In general, everything confirms that the item belongs to you, and not to a careless bank client. In this case, all issues with the bailiff will be resolved immediately.

According to the law, only the spouse is responsible for the debts of the borrower, and then only in the case of an officially concluded marriage. No one else, neither parents, nor brothers, nor nephews, nor grandchildren, is responsible for a person’s debt.

What to do if your parents’ property is included in the inventory

This happens due to the bailiff's mistake. And here it is worth remembering the law on enforcement proceedings, Article 119, which states that if a dispute arises about the ownership of the described property, then you can go to court and file a corresponding claim to release the property from collection.

In addition, you can demand compensation for damage caused by the unlawful actions of the performer.

At the court hearing, you need to provide as much evidence as possible that you are right, as well as attract witnesses. As a rule, bailiffs describe a car, a dacha, a country house land plot, and therefore confirming ownership is not at all difficult.

Important to remember!

Only bailiffs should take inventory and only after receiving an appropriate decision from the court. Neither collectors nor bank employees have the right to do this.

If the son lives at the place of registration

In this case, most likely, the property will still be described. You should prepare for the arrival of the bailiffs and make sure that they do not confiscate “untouchable” things, which include: bonuses, awards, prizes, etc.

Bailiffs also cannot describe:

* An apartment or house, if it is the only place for residence in the debtor’s family.

* Vehicles, which are necessary for the borrower due to his disability.

* Clothing, shoes, home furnishings (except those related to jewelry or luxury items).

* Fuel that is needed to provide heating or cooking.

*Property required for professional activity(its cost cannot exceed 100 minimum wages) - home computer, lathe, etc.

* Money up to the cost of living for each family member.

* Pets, except those used for business purposes. Buildings necessary for these animals to live.

* Seeds for sowing.

Note! If the apartment in which the debtor is registered served as collateral for the loan, then it is subject to full sale. This means that the loan was received with the consent of the parents, so the whole family will have to answer for the debt.

If the parents acted as co-borrowers or guarantors on the loan, then, of course, their property is subject to confiscation, since they are participants in the transaction with the bank. In addition, bailiffs can claim common property husband and wife, which was acquired during marriage.

Inventory procedure

During the inventory process, the bailiff draws up an act of acceptance of property, which reflects the following:

* Full name of the employee (collector), borrower and witnesses.

* Data on the inventory with an indication of the writ of execution.

* List of things that are subject to seizure.

* Approximate cost of everything included in the act.

* The time period during which the property will be transferred to another person.

The document also notes that the inventory procedure was explained to all participants. If any of the participants disagree, the bailiff makes a note accordingly. All claims are drawn up as an addendum to the act. If it is proven that the debtor does not have ownership rights to a certain thing, then it cannot be described.

The procedure ends with signatures. They are left by everyone present during the arrest. One copy of the act remains with the debtor.

How to communicate with bailiffs

* Ask to introduce yourself, show your open ID and the writ of execution from the court.

* During the conversation, you should be polite and do what the bailiff asks. Don't forget that there are significant penalties for not complying with legal requirements.

* Before making an inventory, it is better for parents to collect all title documents.

If you disagree with the actions of the bailiffs, you must go to court.

If you understand that you will soon have problems paying off your loan, for example, due to the threat of dismissal, the need for expensive treatment, etc.), then hurry to transfer your property to relatives or close friends. This way you can protect it from bailiffs when it comes to inventory and confiscation.

For some reason, you are a priori determined that the stepfather’s goal is to crush the boy and control his life in everything. And that he does NOT love the teenager. You perceive the situation as fundamentally different from the one where your own father would have expressed exactly the same demands. Simply because this person is NOT related to the child by blood. But this, as a rule, is not important at all, she is no different! At least, I repeat, I didn’t see this from the post. I didn’t see that my stepfather was domineering in life and demanded unquestioning obedience. I didn’t see that he didn’t love the child. And, as it seemed to me, the author does not see a problem with THIS - after all, even the fact that her husband is not the child’s natural father was stated not in the original post, but already in some answers. Perhaps the author can clarify something? And I didn’t even see that it was the husband who once insisted that he and his wife put money into the common fund. It's customary in their family. Whether this was made by the husband or, conversely, by the wife, or whether this was their joint decision, and who controls the distribution of money is unclear. It is only declared that “from there we each spend according to our needs,” and this does not mean, “and from there the husband gives out to whomever he sees fit,” right?
Moreover, it seems to me that the desire of a stepfather to infringe upon and subjugate his wife’s adult son is rare. If he is indifferent to the child, then it is even more convenient for him to isolate him “outside” and not pay attention to his existence. Well, sometimes someone walks by here, well, sometimes they take the bath - it’s annoying, but okay. If he perceives the boy as one of his own (and I assure you, this happens very often - after all, the main thing for a person is not genes, but habits, worldview, a sense of “the correctness of actions”, and all this was formed in a teenager with the direct participation of his stepfather, if , of course, it did not appear in the life of the family yesterday!).

“It’s not a stepfather’s place to raise his son over his wife’s head” - this is the position of the situation when the stepfather is a STRANGER to the child.
But this, firstly, is not always the case, and when a family was not formed yesterday, and its members have managed to become close to each other and family, the stepfather can easily communicate with the child, even without his mother, and this is completely normal. That's how it should be! What does it mean to “educate”? Our whole life is education. Or are they only allowed to talk about football, and about their coexistence - this is to their mother, is this only through her? Yes, mom sometimes resolves difficult and conflict situations - by the way. often happens in families with a natural father. But this does not mean at all that not a single problem can be solved without it.
And secondly, it is not a fact that in this situation the stepfather “insists” on observing the rules for distributing money directly to the teenager, and does not discuss this with his mother (his wife). 09/01/2008 10:50:17, Anykey