Debt collection in court: expert advice, debtors' opinion

It is difficult to find an enterprise or an organization to which no one owes anything. Unfortunately, both business partners and clients sometimes behave not very decently and do not fulfill their obligations. With banks in general a separate story: they have always had debtors and so it always was, and after the crisis of 2008 they appeared in huge numbers.

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

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

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

If a bank acts as a lender, collection of debts in court does not take place immediately. At first the problem is tried to be resolved peacefully, finding out the reason for the delay in payment and trying to exert psychological influence. This is due to the fact that the claim recovery is a rather lengthy and rather costly undertaking (it will be necessary to pay the state duty, the work of a lawyer, and perhaps also some expert examinations if the court appoints them). In the end, you can get a refusal, it also happens.

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

On the other hand, the truth is not always on the side of the lender. In some situations, the debtor is not only innocent, but also the injured party. It is simply not easy for a private person to argue with a large system organization, and not everyone can defend their rightfulness in court. Some do not even try, realizing that the chances of winning are small, and continue to pay incomprehensible amounts, higher interest and additional commissions charged by the bank.

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