Debt collection is not just about litigation. At certain stages important role plays pre-trial work, which can bring significant efficiency.
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In some cases, this option seems to be more profitable, as it allows you to receive funds before the start of court proceedings which can save some costs.
General points
Debt collection is carried out in several stages. Conventionally, the process can be divided into:
Pre-trial recovery can have a positive result. After receiving the claim, the debtor decides to pay off the debt or fulfill the obligation.
In the absence of a reaction on the part of the debtor, the debt may be transferred to third parties (assignment of the right to claim) or transferred for execution to the collection department (if the creditor entity).
Definitions
Required documents
The main document on the basis of which the forced collection of debt is carried out is a claim, for which the following documents will be required:
These documents may be attached to the claim, or simply a link to them.
The legislative framework
Enforced recovery is carried out on the basis of the Code of Civil Procedure and the Code of Arbitration Procedure, depending on who are the subjects of the dispute.
Disputes between entrepreneurs are considered by arbitration, and between individuals - by courts of general jurisdiction.
Compulsory execution of judicial acts is carried out by the bailiff service on the basis of the Federal Law "On Enforcement Proceedings".
Depending on the nature of the dispute, various legal acts. Civil Code RF, Family Code, as well as many federal laws and by-laws.
Features of the procedure
Pre-trial recovery is carried out until the filing of a statement of claim with the court, after which the stage of trial begins.
essence before judicial recovery– the fastest possible resolution of the dispute through the impact on the debtor.
Basically, the creditor influences through conversations, calls, as well as sending a claim, which indicates the consequences for the debtor.
The debt can also be sold to a third party under an assignment agreement. This approach requires special steps.
The debtor must be notified of the fact of the transfer of the debt, he must be given a period to file his objection. Otherwise, the assignment of the right to claim will be considered invalid.
Collection of information about the borrower
The creditor, at the stage of pre-trial settlement, seeks to obtain as much information as possible about the debtor.
This is due to the need for further recovery if the obligation is not fulfilled voluntarily.
Information can be obtained:
- From documents provided by the debtor himself.
- Through social networks and the Internet in general.
- Through friends and relatives, as well as from the employer.
In any case, the information must be obtained legally in compliance with the Federal Law "On Personal Data".
Drafting a claim
The receipt claim must contain the following information:
- Name of the parties to the dispute.
- An indication of the circumstances on the basis of which the dispute arose (conclusion of an agreement, for example).
- Indication of other important factors(payment of part of the debt and so on).
- Debt calculation.
- An indication of the consequences of non-fulfillment of an obligation (filing a lawsuit, increasing costs, and so on).
- Date and signature.
Under what conditions does it apply
The pre-trial procedure is mandatory in some cases, if it is expressly established by law (upon termination of the contract) or in the text of the contract.
Otherwise, the creditor has the right to immediately apply to the court. In some cases, the pre-trial procedure has significant effectiveness.
Video: pre-trial debt collection
Pre-trial settlement is applied in completely different directions. for example, when collecting utility bills, accounts receivable, loans and so on.
For legal entities
Disputes between legal entities should most often be carried out in compliance with the claim procedure.
Samo statement of claim is sent to the parties to the dispute independently, and is not transferred to the court. Otherwise, the claim will not be accepted.
For individuals
Compliance with the pre-trial order for individuals is required less frequently. But it can be significant.
If the pre-trial procedure is mandatory, then it will be necessary to attach a document confirming its implementation to the claim.
For individual entrepreneurs (IP)
The requirements for individual entrepreneurs are identical to the requirements for legal entities, if the dispute concerns entrepreneurial activity. Compliance with the pre-trial order will have the same character.
Reimbursement of loan debt
Banks most often seek to resolve the dispute precisely in the pre-trial order, since filing a lawsuit in court means additional costs and not the fact that in the future they can actually be recovered from the debtor.
Banks have relevant departments that specialize in pre-trial settlement.
In addition, lawyers prepare claims, indicating in them all the necessary circumstances. "Hopeless", according to banks, loans can be sold to collection agencies.
It is the bank inspector who decides which of the debtors can be transferred to third parties for work, and who else can fulfill the obligation.
Far from all loans “reach” the stage of judicial recovery, as banks prefer to use other methods of influence.
Debtor's actions
At the stage of pre-trial settlement, the debtor has the right to protect his rights and legitimate interests. First of all, it concerns the answer to the claim.
He has the right to submit his calculation to the department of pre-trial collection of the creditor, if he does not agree with the creditor, to nominate him counterclaim(for example, about termination of the contract).
The debtor has the right to fully agree with the creditor's demand and fulfill the obligation.
If he does not have such an actual opportunity, for example, due to lack of financial resources, then he may try to petition the creditor for a deferment or installment plan of payments, for restructuring.
What is a pre-trial collection department
A pre-trial collection department exists in almost every credit or loan organization, for example, in banks, MFIs, credit cooperatives, pawn shops and so on.
The essence of this department is to ensure that debtors fulfill their obligations before the creditor goes to court.
Specialists conduct conversations with debtors, send claims to them, make calls and visits, and carry out other activities aimed at fulfilling obligations to creditors.
If there is no such department in the organization, then most often debts are transferred for execution third parties either through their sale or through the conclusion agency agreement.
Reimbursement procedure
Reimbursement procedure Money determined either by law or specified in the contract.
As a rule, debts are repaid in the following order:
- Penalties, fines and penalties.
- Interest charges.
- Amount of debt.
- Other payments.
If it's not about credit debt, but about a debt of a completely different nature, then first the amounts for repayment of harm to health will be collected, then material damage, and then other payments.
Advantages and disadvantages
The pre-trial dispute resolution procedure has its advantages and disadvantages. The main plus is the ability to significantly speed up the process, as well as significantly reduce the cost of collection.
Voluntary performance of an obligation can be beneficial to both parties to the dispute, if there is an opportunity to come to any compromise.
But there is one significant disadvantage - low efficiency, which consists in the impossibility of coercive influence on the debtor. Most often, debtors simply ignore attempts at pre-trial settlement.
Loans are becoming more available and in demand. They promise not only benefits, but also costs and problems. The funds are not always returned by the debtor, which leads to losses of the creditor and even his bankruptcy. For this reason, if the organization is large and regularly engaged in the provision of loans, it is better to open a debt collection department and organize its work.
What is a debt collection department for?
This debt collection structure is engaged in the following activities:
- Consideration of applications from potential borrowers;
- Checking documents before disbursing funds;
- Paperwork for issuing a loan;
- Debt collection procedures.
The specifics of a particular collection structure depend on which loans and borrowings the company specializes in. For example, work on the withdrawal of funds differs in the following cases:
- The borrower is a natural or legal person. How it happens, you can learn from a separate article on how to collect a debt from an individual -;
- Provided consumer or mortgage, the procedure for collecting debt under the contract;
- Loans differ depending on the period for which they are granted: long-term, short-term.
But, regardless of the type of loan, the debt department works in a similar way.
The department will be effective only if it is properly organized.
Assessment of credit characteristics
The collection department does not work with all types of loans. He can be entrusted with those debts that are problematic. But each department has its own categories for evaluating loans.
According to the Regulations of the Central Bank, all loans are divided into the following categories depending on the probability of their default:
- Standard. Non-payment risk indicators are assessed as zero;
- non-standard. The risks are 1-20 percent;
- Doubtful. Risks are estimated at 21-50%;
- problematic. The probability of non-return is 51-100%;
- Hopeless. This category includes a money back guarantee.
The collection department accepts loans, starting with doubtful and problematic ones. It is extremely rare for non-standard debts to be transferred to him. Banking structures may use their own loan evaluation criteria. For calculations, indicators and ratios are required, the formula for the coverage ratio loan debt. The current financial condition of a person, as well as his ability to cover debts, is taken into account. For example, when assessing debts, the following indicators are used:
- The period during which payments are not made;
- The ratio of the current turnover of the organization to the amount of the loan taken by it;
- The amount of profit of a legal entity for the last reporting period;
- Average turnover, according to bank accounts, per month.
The collections department may use other options.
The more factors that are taken into account when making a decision on issuing a loan, the higher the probability of repayment of the debt.
Features of the collection department
The collection department operates approximately according to the following algorithm:
- Sending a claim to the place of residence of the debtor. The claim describes, as well as the timing of its repayment. As a rule, they are 30 days;
- Attempt to establish contact with the debtor. This is done by calling the phone numbers indicated by the borrower in the questionnaire. If the client does not answer the calls, they start calling his relatives, bosses, colleagues. The purpose of these actions is to convey to the person an invitation to the collection department;
- Negotiation. If it was possible to contact the person, and he came to the department, he is offered possible ways to solve the accumulation of debts. This may be an extension of the term for paying debts, forgiveness of the accrued penalty, refinancing in another banking institution.
At this stage, most debtors cover their obligations. The problem can be considered solved. The loan agreement is sent to the archive. The borrower is issued a closing document personal account. He will be able to take the next loan only after 6 months.
In the event that a certificate of account closure has been issued to a person, the bank does not have the right to make any claims against him. This is a document with legal force, indicating the payment of the debt.
Debt collection department is opened by large credit organizations.
If the borrower does not make payments, the collection department works on the following points:
- The loan agreement, on the basis of which the debts appeared, is sent to the legal department. Litigation initiated;
- The document is sent to mobile groups. After that, the debtor is regularly visited by employees at home or at the place of service;
- The document is sent to the anti-fraud structure. This option is possible if a person has submitted false documents to obtain a loan;
- Collection agencies are involved in collecting debts.
The debt collection structure does not apply to every banking institution. Most often, it is available in banks that provide loans with high risks. This credit cards, fast and consumer loans. If this structure is absent, the debt may immediately end up with collectors.
Department structure
There is a recommended structure for the collection department in which it will work most efficiently. Its formation depends on the volume of problem loans. The following types of specialists work in such a structure:
- Debt collectors. They are engaged in negotiations with the borrower, finding out the reasons for the lack of payments. Such specialists should receive information about the person's ability to repay their obligations. They are responsible for the documentary part of the case;
- Lawyers specializing in debt collection. Their responsibility is to check the literacy of the legal execution of documents and procedures that other specialists are involved in. They are also involved in checking the documents submitted by the borrower, drawing up a loan agreement;
- Specialists in the collection and analysis of data on the borrower-debtor. Information is collected in many ways. But one employee is responsible for this. This activity necessary to exert the required pressure on the debtor, check his accounts, decide whether it is appropriate to go to court.
The methods of obtaining data depend on who exactly the borrower is - a legal entity or an individual. The specialist evaluates the person's ability to repay existing obligations. Further ways of working with debts depend on the information received by him. Sometimes, if there is bank accounts, it is beneficial to apply to a judicial institution. In other cases, it is advisable to order the services of collectors.
In what ways is information obtained? The easiest way to obtain the necessary data is if the debtor is a legal entity. The specialist has the ability to track financial statements, the movement of financial resources on the accounts of a person. Of interest are data on major transactions made, which are published in the media.
Get information about individual more difficult. However, an employee can check the status of his bank accounts, the amount of salary.
Forcing a person to repay debt is far from the only part of the work that the structure in question performs. Equally important is getting the full picture. financial condition debtor. From this information, a competent decision on further actions depends.
Interaction of employees of the structure
The interaction of employees of the department determines the internal regulations of the organization. The final result depends on the consistency of their activities. With coordinated work, specialists will be able to reduce the number of problem loans. This is done by checking the information about the borrower, his financial opportunities. legal check credit agreements, their competent conclusion allows, if necessary, to quickly resolve all issues with debts through the courts.
The well-established work of the structure has the following advantages for the company:
- Quick repayment of debts;
- Correct legal registration all documents;
- Quality work with the borrower;
- Competent conclusion of the loan agreement;
- Financial stability of a banking institution.
Is it worth organizing a collection department? It depends on the characteristics of the company. If it is small, it has a small volume of problem loans, opening a separate structure may cause more losses than benefits. In this case, it will be easier to turn to third-party organizations.
However, this is a necessary measure for a large organization that represents a large number of potentially problem loans. The presence of a department will allow you not to spend money on the services of third-party companies. The well-coordinated work of specialists will reduce the losses of the institution.
Here is an example of a conversation with a specialist in the department for collecting debts from clients of one of the domestic banks:
When organizing a structure, it is required to draw up its internal regulations, to find the right specialists. When debts are formed, it is they who will work with the debtor, initiate legal proceedings. It's legal and effective. The opening of the structure is an inevitable measure of the work of a large bank.
Yes, this is an ordinary department, which was created and named by the bank itself. It sounds loud and fear is trying to catch up. Nothing else. They did not have any legally significant rights. Remember from the literature "speaking names", so these are "speaking names". There is no substance behind them. The word "judicial" in the entire "civilized world" is a normal word. Everyone may experience financial difficulties, and given that credit system in Russia, it was clearly created neither on fair, nor even on adequate principles, the financial problems of non-payers are a common product of such lending. Banks are the first to understand this, because they have already calculated everything in advance for money. Callers just don't know about it. You are one of those many who could not pay the loan, and there is nothing terrible, shameful, and even emotional about it. Banal numbers and accounting. You personally, either can influence them or not. If in the same Europe a person had controversial points then he sues. This is the world of finance and jurisprudence. In our country, citizens are not burdened with the knowledge of their basic rights, and the majority of the Constitution of the Russian Federation do not know a single article, which is very deplorable. That is why banks press with words, but what else can they press with? According to article 811 of the Civil Code of the Russian Federation, if the borrower does not pay for a month, then the bank can already safely file a lawsuit in court. Moreover, he does not need to warn you or notify you. However, such a walk is unprofitable for the bank. Therefore, it has those who are engaged in debt collection by phone. Among them are "judicial departments". Of course, not every bank has it, because not every branch has lawyers. It may happen that somewhere not in the central city there is no lawyer in the bank at all, and the judicial department of the central office is represented by one lawyer. All that is embedded in the name of the departments is an empty importance. Bankers must be important, they simply have to look important and dress important, well, because they do nothing socially useful with such resources. And the empty essence requires external importance. When and if I got a call from the bank's litigation department, the first thought that would flash through my head was that this department would most likely sue non-paying borrowers. And then I have a question: "Why the hell should I call?". Isn't it easier for the bank to sue me already, and he, in turn, will duly notify me of the time, place and date of preparation for the trial. It would save both me and the bank time. The bank has a different approach. If he starts suing everyone at once, he simply won't have time to do it. After all, he will have to maintain a staff of lawyers who will literally live in the courts (and will have to pay a lot), and then he will also have to wait for the consideration and decision on appeal and or cassation, and then enforcement proceedings , and some hope of collecting the entire amount IMMEDIATELY, but most likely in parts, if at all there is something to collect legally by that time. All this is expensive and NOT PROFITABLE, and the bank was created in order to earn on nothing. All his services revolve around himself, or around his "product", that is, money. That is why it is easier for a bank to hire people who will call and try to “reason” with a banal psychology of pressure or cultural “reason” with a non-payer. There is also an option to transfer this necessary and tedious business under an agency agreement to collectors. Then there is a possibility that you will be called and presented with all the "colors of the world." The names of positions and departments would have struck even Ostap. This includes the judicial department, and pre-trial, and especially important, and out-of-court, and the collection department. The names are such that without knowing their rights and not understanding that no one is obliged to tell and confirm anything to anyone over the phone, one could already recognize everything and everyone, no matter what they say. Names are one of the methods of pressure on your psyche and there is nothing more. It's hard to get a person to say or do anything over the phone without any impact, and it starts with the tone of the conversation (sneaking under the commander-in-chief of the Army of the World), loud-sounding (but empty in practice) job titles and departments, and an attempt to tell you, that you don't understand the law. Periodically, it is necessary to inspire the borrower with the phrase that he owes, so that he has the worldview of the debtor (slave). So this is a judicial department, or a pre-trial, or an especially important department for recovering something there, in fact (legally) there is NO difference! Everything legally significant is always and everywhere fixed. In jurisprudence, they do not believe a word! For understanding, let's compare a bank with a store. Do you care who a merchandiser or supervisor is? Do you understand how much and who the store hired and how he called the sellers? They can also set up a department there to supervise something, and what will it have to do with the judicial system? No. Also at the bank. He had a problem - the borrower stopped paying. It is time for him to solve it, and the borrower to think how and what he will do next. If it is difficult and difficult for you to communicate with bank employees or collectors, do not communicate, who is captivating you? Turn off your phone, change your SIM card, block incoming numbers, blacklist them, write to Roskomnadzor. If all else fails, which is extremely unlikely, you can look in the direction of a mythical representative. Create a non-existent representative and speak with a bank or collection agency in anticipation of a trial on his behalf. You are not obliged to name the name of the "representative", but you can come up with it, no one will check it anyway. This option has been tested more than once in practice, it allows you to abstract a little from your situation and not perceive it as nervously as you could. From the side it is sometimes clearer and easier to conduct such cases.
Did you have to deal with the work of the "Judicial Department" of the bank? If so, then you most likely have problems with debt on the loan. So, it won’t hurt you to know what this department is, what powers its employees have and how to behave if they “get” you. This is what we'll talk about today.
So, What is the "judicial department" of a bank?
This is a department specially created to work with debtors. Most often, such work means communication and influence on borrowers who have overdue loans in this bank, in order to force the repayment of the debt and the payment of penalties. The matter, in principle, is understandable and does not contradict the current legislation. But the methods that the so-called "judicial department" uses in its work with clients are often far from morality and legality.
Do not confuse "judicial department" with the legal department. The legal department of the bank was created to work with legal issues that arise in the course of the functioning of a financial institution. But the "judicial department", to put it bluntly but fairly, is engaged in banal extortion. And although he extorts his property (in this case, financial), he does it, as already mentioned, in a variety of ways, including dubious, in terms of legality, ways.
In the practice of civilized countries of the world, the bank, after several unsuccessful attempts to contact a problem client, transfers the case to the courts. And then everything goes according to the letter of the law: notification of a person, subpoena, court session, decision. The bank is represented by its own lawyers. All of us are far from ideal. There are legal departments not only in every small department, they are often absent in large ones as well. central offices or regional offices!
Why is the legal department in a bank such a rarity? Because that's where banal economy comes into play. Qualified lawyers are prestigious and, of course, effective. But, at the same time, it is expensive. But the average specialists, hastily trained in psychological pressure on the debtor - this is not so expensive. It is very damaging to the reputation of the institution. Although, maybe not so detrimental, given the legal and financial illiteracy of our citizens, who cannot always give an adequate assessment of the actions of bank employees.
This is how the so-called "judicial departments" of banks appear, engaged in the fact that they regularly call indebted customers and by truth or by lie demand to return the debt. By the way, these unfortunate specialists introduce themselves in different ways, they name various intimidating positions and threaten almost with prison terms.
Real example from practice
The wife of one of the clients regularly, day and night, was called by “police lieutenant Vasily Andreevich”. The debtor was not even the wife, but her sister. And the wife allegedly acted as a guarantor, since her sister gave her phone number and passport number. But the wife did not even sign anything. She was not even aware that she was recorded as a guarantor. Therefore, a priori, she could not bear any responsibility for problem loan sisters. But, this is for people in the know. In this case, the emphasis was placed on the illiteracy of the newly minted "guarantor". They called with a request, and then with a demand to influence my sister in terms of repaying the debt. My husband contacted our legal department asking for clarification. Listened and advised. After one single strict but adequate response from his wife to “police lieutenant Vasily Andreevich”, during the next conversation, the calls stopped. Plus, there was a call already from the injured party, that is, from the wife (namely, the party affected by the illegal actions of the bank employee can be considered in the legal interpretation) to the bank support service with a warning that if the calls are not stopped, she will have to will apply to the relevant authorities with a written statement.
And her answer was something like this: “Dear Lieutenant Vasily Andreevich, I know that you are not a police officer at all, but an ordinary bank employee engaged in extortion. In addition, you are also a scammer, as you introduce yourself under a false name. And also - the offender, discrediting the good name of our law enforcement agencies ... ". Well, and so on. That's all. The problem went away like a charm. Nobody else called.
What conclusion can be drawn from all this?
1. The “judicial department” of a bank is a purely formal structure that has practically no real legal rights in terms of impact on the debtor.
2. Only through the court can you recover from a person who does not want to pay an overdue debt and interest on it.
3. Any threats of bank employees are unlawful and entail liability.
4. You need to know your rights, as well as your obligations.
5. It is necessary, nevertheless, to try to avoid delays on the loan.
Know your rights and be prepared to stand up for them!
