Pre-trial department info admin net. What is the “judicial department” of a bank? Vyborg regional bailiff department of the Federal Bailiff Service of Russia for the Leningrad region

1. Who is the pre-trial department of Finkollekt?

Lawyer Selivanenko V.O., 6957 answers, 2846 reviews, on the site from 05/22/2013
1.1. Hello. Apparently, the pre-trial department of this company are debt collectors who call and demand repayment of the debt before the case goes to court.

2. Does the pre-trial department quickly send me bailiffs?

Lawyer Piskareva N.V., 831 answers, 620 reviews, on the site since 03/15/2016
2.1. Hello. Of course not! The Federal Bailiff Service is not subordinate to the MFO) Bailiffs can come to you only as part of enforcement proceedings, which are initiated on the basis of a writ of execution.

3. What the pre-trial department can do when collecting microfinance.

Lawyer Sadykov I.F., 49066 answers, 26328 reviews, on the site from 10/11/2017
3.1. Nothing. Just try to persuade him to pay the debt. They don't have any powers. You don’t have to let them in or even communicate with them!

Lawyer Akhmedov T.F., 51335 answers, 24318 reviews, on the site from 04/21/2016
3.2. Hello!
They may press a claim and demand payment. But as a rule, they simply threaten the debtor.

Send them to court. In court, ask to reduce interest, penalties, and fines. After the court decision has entered into legal force, you can contact the court that made the decision with an application and ask to defer and/or pay the debt in installments (Article 434 of the Code of Civil Procedure of the Russian Federation).
According to Part 1 of Art. 12.1. Law No. 151-FZ “On microfinance activities and microfinance organizations”, when the amount of debt together with interest reaches twice the amount of the principal debt, further accrual of interest is unacceptable.

Lawyer Derevyanko S.Yu., 155657 answers, 56894 reviews, on the site from 08/15/2012
3.3. Good day to you. The pre-trial department has the right only to politely ask for repayment of debts and nothing more. I wish you good luck in resolving your issue.

Lawyer Sirotin V.A., 16862 answers, 10092 reviews, on the site from 01/13/2017
3.4. Hello! In this case, the specified pre-trial department does not have any rights to recover. Collection can only be based on a court decision.

Lawyer Shevchenko O.P., 177970 answers, 77650 reviews, on the site since 04/27/2009
3.5. Can't do anything. The creditor may sue. You need to ask the court to reduce the penalty, then the total amount of debt will decrease. At the stage of enforcement proceedings, you have the right to submit an application to the court to grant you a deferment or installment plan for the execution of the court decision. Article 37 of the law on enforcement proceedings.

Lawyer Tseytlin E.V., 19366 answers, 9234 reviews, on the site from 05/12/2016
3.6. Hello! They can do nothing but demand that you pay the debt. They may call or send written demands. They have no right to come home

4. What is article 30, if the delay in the microfinance organization is more than a month, they call from the pre-trial department.

Lawyer Polyansky M.P., 27609 answers, 13805 reviews, on the site from 06/27/2015
4.1. Federal Law of October 2, 2007 N 229-FZ (as amended on July 26, 2017) “On Enforcement Proceedings”
Article 30. Initiation of enforcement proceedings

1. The bailiff initiates enforcement proceedings on the basis of a writ of execution at the request of the claimant, unless otherwise established by this Federal Law.
2. The application is signed by the claimant or his representative. The representative shall attach to the application a power of attorney or other document certifying his authority. The application may contain a petition to seize the debtor's property in order to ensure the fulfillment of the requirements for property penalties contained in the executive document, as well as to establish for the debtor the restrictions provided for by this Federal Law. The claimant may indicate in the application to initiate enforcement proceedings the information known to him about the debtor, and also attach to the application documents containing information about the debtor, his property status and other information that may be important for the timely and complete fulfillment of the requirements of the enforcement document.

Lawyer Balakhtin F.V., 25958 answers, 11664 reviews, on the site from 07/03/2011
4.2. Before going to court, the MFO must write you a claim; if you do not pay the full amount of the debt, then they will go to court.

Lawyer Stepanov V.I., 35845 answers, 15709 reviews, on the site from 10/15/2011
4.3. Yes, this is an ordinary scam, do not take it seriously. Today, there are several effective legal ways to avoid collection under a loan agreement. These include termination of the contract, declaring it invalid, declaring the citizen bankrupt and ending enforcement proceedings. There are also some legal tricks that will allow you not to lose your property and income in a dispute with creditors (banks). A credit lawyer will help you do all this correctly, write to the email below.

Sincerely, credit lawyer – Stepanov Vadim Igorevich.

5. They call from the pre-trial department for quick money, they say you won’t pay Article 80, which means.

Lawyer Mataev A.G., 40206 answers, 22127 reviews, on the site from 07/07/2011
5.1. Good day, dear guest
Yes, these are just scarecrows of collectors, do not pay attention to them
Good luck to you in resolving your issue.

Lawyer Batkaeva Yu.V., 25972 answers, 11865 reviews, on the site from 12/01/2014
5.2. Hello.
They are simply intimidating, if you receive threats, then write a statement to the police, they can file a claim in court and collect in court.

A certain Diana Vyacheslavovna wrote to me as a financial expert in the pre-trial collection department of Russian Standard Bank. I was confused by the phone number and the call. Registration of a number in Tatarstan. She said that the bank had given me a final notice and we could consider installment payment. You provided the wrong bank hotline phone number. I found out that there is a notification, but it hasn’t been sent to me yet, either by mail (including email) or by courier. What are my actions? Read answers (2)

6. The pre-trial department of the bank from which I did not take out a loan calls me at work, what should I do?

Lawyer Chernykh T.S., 14428 answers, 8861 reviews, on the site since 02/27/2017
6.1. Hello. Send them to court. At the court hearing, you will have the right to petition for the appointment of a handwriting examination that refutes the fact that you signed the loan agreement.

7. Is the collector the pre-trial department?

Lawyer Saraychuk A. A., 20074 answers, 9160 reviews, on the site from 01/08/2016
7.1. Good day. Is not a fact. A pre-trial department may also be provided in the credit institution itself. Best regards, A.A. Saraichuk.

8. They called from Vostochny Bank, it was 29 days overdue, and immediately they received an SMS about transferring the case to the pre-trial department, is this correct? By the way, the conversation was not very correct.

Lawyer Pitnichenko A. Yu., 2621 answers, 1809 reviews, on the site since 12/20/2013
8.1. The bank is trying to peacefully resolve the issue of your overdue debt. If you do not pay, they will go to court with a claim to collect the debt or with an application for a court order.

9. To the lawyers: am I obligated to pay the debt for housing and communal services for additional accruals in December 2018, if it was accrued in April 2019 and we sold this apartment on April 2, 2019? This receipt for additional charges came in May 2019, when I had already moved and now the department of pre-trial proceedings has been calling for 2 months and demanding payment! I received a subsidy as a woman with many children and low income, and now I have to give them my money?

Lawyer Permyakova Yu.V., 1432 answers, 710 reviews, on the site from 10/05/2018
9.1. What is the composition of the debt?
What documents support the debt?

Lawyer Merny M.A., 2978 answers, 1658 reviews, on the site from 05/11/2018
9.2. It depends on the nature of this debt and what is the connection with the subsidy.

10. I have a debt to the microfinance organization quick money, they sent the contract to financial protection, 30 days of delay, they said that they would send it to the pre-trial department, I’m afraid of all this, I don’t work alone with a small child.

Lawyer Tsaturyan M.K., 7692 answers, 7650 reviews, on the site from 10/03/2016
10.1. There is no need to be afraid of anything. Let them do what they want. The main thing is to protect your interests by legal means. There will be a trial - defend yourself in court. They will do all sorts of illegal nonsense - contact the police.

11. Today they came from the pre-trial collection department, because I had arrears of about ten thousand, they said that I need to pay by Friday, if you don’t pay, we will come and describe the property. What to do, what to do? Can they do this?

Law firm Korsunov V. A., 225 answers, 150 reviews, on the site from 05/20/2019
11.1. Good evening. They just wanted to scare you and force you to pay. No one can describe and seize your property, except on the basis of a judicial act by bailiffs. Otherwise, it can be classified as robbery or extortion. On their next visit, wish them good luck and simply call the police, informing them that you are being extorted money from people unknown to you under threats to your life and health.

Lawyer Gribkov V.N., 324 answers, 213 reviews, on the site from 10/30/2018
11.2. Hello!
Employees of a private organization do not have this right.
The Federal Bailiff Service is authorized to inventory property in Russia in cases specified by law.

12. A debt arose in the microfinance organization, the case was transferred to the pre-trial department. Does a representative of this department have the right to call the borrower’s management, report the debt, and give deliberately false information, about the establishment of an alleged criminal case and to the accounting department, to clarify the amount of the salary? And what else do you mean by off-site events at the place of registration? Thanks in advance for your answers.

Lawyer Yu. A. Fedorov, 951 answers, 639 reviews, on the site from 12/19/2018
12.1. All these are the tricks of the lecturers, they have no right, but they do it. Write:

Location:
Applicant:
(Full Name)
Identity document details:
Address:
Contact phone:
E-mail address:

STATEMENT

On the withdrawal of consent to the processing of personal data and their transfer to third parties.

"" 20__, when I signed agreement No. o, I gave consent to the processing of my personal data.
In accordance with Part 2 of Art. 9 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, consent to the processing of personal data can be withdrawn by the subject of personal data.
According to Part 5 of Art. 21 of this Law, If the subject of personal data withdraws consent to the processing of his personal data, the operator is obliged to stop processing them or ensure the termination of such processing (if the processing of personal data is carried out by another person acting on behalf of the operator) and in the event that the storage of personal data is more than for the purposes of processing personal data, it is not required to destroy personal data or ensure its destruction (if the processing of personal data is carried out by another person acting on behalf of the operator) within a period not exceeding thirty days from the date of receipt of the said response, unless otherwise provided by the agreement to which the party is a party , the beneficiary or guarantor of which is the subject of personal data, another agreement between the operator and the subject of personal data, or if the operator does not have the right to process personal data without the consent of the subject of personal data on the grounds provided for by this Federal Law or other federal laws.
Based on the above, guided by Part 2 of Art. 9, part 5 art. 21 of the Federal Law “On Personal Data”, I declare the withdrawal of my consent to the processing of personal data and the need to cease all forms of processing of my personal data within 30 days from the date of receipt of this application.

Date Signature transcript.

13. They call from the "Excellent Cash" pre-trial department and ask in a rude manner about a person I don't know. What should I do to stop calling? Where to go?

Lawyer Karavaitseva E.A., 56339 answers, 26769 reviews, on the site since 03/01/2012
13.1. Record the conversation and submit a written statement to the FSSP.

Lawyer Ternovykh I.A., 22778 answers, 6368 reviews, on the site from 06/23/2014
13.2. Submit an application for revocation of personal data to Excellent Cash. If ignored, file a complaint with the FSSP or the prosecutor's office.

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

A reception was held for the delegation of the Supreme People's Court of Shanghai of the People's Republic of China

On October 14, 2011, in the building of the Judicial Department at the Supreme Court of the Russian Federation, a meeting was held between the leadership of the Judicial Department and representatives of the Supreme People's Court of Shanghai of the People's Republic of China.

The meeting was attended by Deputy Chairman of the Supreme People's Court of Shanghai Shen Yongqiang, Deputy General Director of the Judicial Department Obarchuk A.A., heads of structural divisions of the Judicial Department. Current problems of bilateral cooperation were discussed, and the importance of interaction between judges and civil servants of the Russian Federation and the PRC was emphasized. Members of the Chinese delegation got acquainted with various areas of activity of the Judicial Department, including the organization of advanced training and professional retraining of judges and civil servants; informatization of courts of general jurisdiction and the Judicial Department system.

On October 18, 2011, a delegation from the Supreme People's Court of Shanghai visited the Moscow Regional Court. Members of the delegation got acquainted with the activities of the court and discussed issues related to civil procedure, distribution of cases in courts, and the workload of judges. Particular attention was paid to discussing the problems of pre-trial dispute resolution and mediation procedures in the Russian Federation.

Once in the collection department, the borrower's agreement is assigned to the office team, which usually includes two people with extensive experience in such work or service in law enforcement agencies. The period that the contract will be kept in the unit is usually 6 - 8 months, but it all depends on the bank.

ATTENTION!!!

For residents MOSCOW available FREE consultations in office provided by professional lawyers on the basis Federal Law No. 324 “On free legal assistance in the Russian Federation".

Don't wait - make an appointment or ask a question online.

These are collectors working on the staff of a financial organization and not related to the agency (CA). The entire process is based on the lender’s internal regulations, which are written in the form of a methodological manual.

Main differences from KA:

1. Negotiations with the debtor are conducted in strict accordance with the points specified in the manual.
2. Employees have the right to invite clients to the office for negotiations.
3. Employees can independently reduce the amount of debt and offer payment options.
4. The collection bank interacts with lawyers and independently decides which contracts to submit to court.

Important! The bank's claims department is more loyal to debtors than ordinary collectors. Based on a complaint from borrowers, an employee who has gone too far may be fired, which cannot be said about agencies where psychological influence is standard work carried out with a person.

Principles and methods of work

Now, instead of fines, according to Article 330 of the Civil Code of the Russian Federation, the client will be charged a penalty every day. This is a bank-determined percentage of the final claim amount.

The first thing the collection department does is send a pre-trial claim to the debtor’s registration address (see what this is), and determine the area of ​​his residence, as well as the distance from the head office.

Then, employees begin calling all available telephone numbers from personal data, and from comments left by late employees (see).

Important! If contact with the debtor is established, then the personal data is verified, the amount of the debt is summed up on the day of the call, and they are invited to the collection department.

If contact is made with his relatives, acquaintances, neighbors, contacts or work colleagues, they are asked to pass on information regarding the debt.

If the client comes to negotiations, he is offered several options for solving the problem:

1. They ask you to pay at least 50% of the debt amount, the rest is divided into a schedule for several months. In this case, the penalty is suspended.
2. They ask you to pay 100% of the final claim, and write off all previously accrued penalties.
3. If the debtor has a debt in only one bank, they offer him to re-accredit to another or turn to relatives or friends for help.

If the borrower is satisfied with everything, he pays the debt and his agreement is sent to the archives. Next, he is given a certificate confirming the closure of his personal account. After six months, he will again be able to take out a loan from this bank if the conditions suit him.

A certificate of account closure is a legal document and serves as proof that you have no debt to the bank. Any claim from a credit institution will not be considered by the court.

If the debtor was unable to find the money and pay the loan, then the scenario will develop as follows:

• everything will depend on the amount of debt;
• from his place of residence (closed city, military unit, remote village, in this case the contracts are simply sold to a collection agency);
• distances from the head office.

If the borrower falls under these conditions, then development occurs in the following directions:

1. The contract goes to the legal department. Next, the debtor is sued.
2. The agreement falls into the work of mobile groups. Now the borrower will constantly be visited at home or at work.
3. The contract goes to the anti-fraud department. This happens rarely, mainly when all the borrower's documents are false.
4. The contract is assigned or sold to a collection agency. This is a common practice and there is no need to be afraid of it. Let's look in more detail.

Depending on the bank, there may be no collection department at all, and after the first delay in the contract they end up in a collection agency. There are many options. It all depends on the specialization of banks and the number of branches in the Russian Federation.

We used as an example a bank specializing in:

• consumer lending;
• express loans;
• credit cards.

Borrowers are afraid to communicate with the bank when they are overdue and prefer not to answer the phone. But this is the wrong approach and will not solve the problem.

On January 1, 2017, Federal Law 230 came into force, which does not allow debt collectors to call the debtor more than twice a week. Moreover, if the debtor does not want to communicate, he can directly state this and prohibit him from calling.

In case of violation of the law, contact. Now it is a supervisory government body. Fines for agencies and banks will be up to 500 thousand per borrower.

This legislation has made life easier for debtors; collection officers can only ask whether the person is ready to pay? If not, then warn about the consequences of legal proceedings and hang up.

Don’t be afraid to call, communicate and get yourself a lucrative offer to write off part of your debt.

Bottom line

Not every bank has collection departments, and they have experienced employees who can convince the borrower to make payment. Moreover, all negotiations must be conducted in STRICT accordance with the internal regulations of the creditor.

Thanks to the new law on collection activities, debtors can defend themselves and negotiate with collectors.

If you have any questions about the topic of this article or require advice, write to us in the comments or contact the site’s on-duty lawyer in the form of a pop-up window. We will definitely answer and help.

Did you have to deal with the work of the bank’s “Judicial Department”? If so, then you most likely have problems with loan debt. This means that it won’t hurt you to know what this department is, what powers its employees have, and how to behave if they “harass” you. We'll talk about this 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 from this bank in order to force them to repay the debt and pay penalties. The matter, in principle, is understandable and does not contradict current legislation. But the methods that the so-called “judicial department” uses in its work with clients are often far from moral and legal.

Don't confuse the "litigation department" with the legal department. The legal department of the bank was created to work with legal issues that arise in the process of functioning of a financial institution. But the “judicial department,” to put it roughly but fairly, is engaged in banal extortion. And although he extorts his property (in this case, financial), he does this, as already mentioned, in a variety of ways, including those that are questionable in terms of legality.

In the practice of civilized countries of the world, the bank, after several unsuccessful attempts to contact a problem client, refers the case to the courts. And then everything goes according to the letter of the law: notification of a person, a summons to court, a court hearing, a resolution. The bank is represented by its own lawyers. Everything here is far from ideal. Not only are there legal departments in every small branch, they are often absent in large central offices or regional representative offices!

Why is a legal department in a bank such a rarity? Because this is where banal savings come into play. Qualified lawyers are prestigious and, of course, effective. But, at the same time, it is expensive. But average specialists, quickly trained in psychological pressure on the debtor, are no longer so costly. This is very damaging to the reputation of the institution. Although, perhaps, it is not so detrimental, given the legal and financial illiteracy of our citizens, who cannot always adequately assess the actions of bank employees.

This is how the so-called “judicial departments” of banks appear, engaged in regularly calling indebted clients and demanding that the debt be repaid by hook or by crook. By the way, these would-be specialists introduce themselves in different ways, call them different terrifying positions and threaten them with almost prison terms.

Real example from practice
The wife of one of the clients received regular calls, day and night, from “police lieutenant Vasily Andreevich.” The debtor was not even the wife, but her sister. And the wife allegedly acted as a guarantor, since the sister gave her phone number and passport number. But the wife didn’t even sign anything. She wasn’t even aware that she was signed up as a guarantor. Therefore, a priori, she could not bear any responsibility for her sister’s problem loan. But, this is for knowledgeable people. In this case, the emphasis was placed on the illiteracy of the newly created “guarantor”. They called with a request, and then with a demand to influence my sister in terms of repaying the debt. The husband contacted our legal department with a request to clarify the situation. They listened and advised. After one single strict but adequate answer from the wife to “police lieutenant Vasily Andreevich,” during the next conversation, the calls stopped. Plus, there was a call from the injured party, that is, from the wife (namely, the party who suffered from the unlawful actions of a bank employee can be considered a party in the legal interpretation) to the bank’s support service with a warning that if the calls did not stop, she would be forced to will contact 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, but an ordinary bank employee engaged in extortion. In addition, you are also a fraudster, since you introduce yourself under someone else’s name. And also an offender who discredits the good name of our law enforcement agencies...” And so on. That's all. The problem disappeared as if by hand. Nobody called again.

What conclusion can be drawn from all this?

1. The “judicial department” of the bank is a purely formal structure that has practically no real legal rights in terms of influence 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 made by bank employees are unlawful and entail liability.

4. You need to know your rights, as well as your responsibilities.

5. It is still necessary to try to avoid late payments on the loan.

Know your rights and be prepared to stand up for them!

Credit practice in recent years shows: no matter what the amount of debt on a loan, banks are in no hurry to go to court. As a last resort, if the debt is relatively small (within 50 thousand rubles), an application should be made to the magistrate to issue an order allowing the initiation of forced collection procedures, but this procedure is usually used when attempts to pre-trial debt collection have led nowhere.

Why do banks, in the overwhelming majority of cases, first of all try to collect the debt without going to court? This question can be answered quite briefly and categorically: this order is more profitable and effective.

The trial can last for years, and even with unpredictable results, if the borrower involves an experienced credit lawyer. While the trial is ongoing, the debtor can hide his property from seizure or sell it, which sometimes cannot be saved by quick actions to secure the claim. In addition, courts very often make concessions to borrowers by establishing long installment or deferment periods. But one more point is also important. If we look at the facts and statistics, it is quite standard for a situation in which a very small amount is withheld from the borrower by court decision every month. It’s no secret that many borrowers-debtors hide their unofficial income, and with a minimum wage it can take a very long time to repay the debt in pittance amounts.

Pre-trial collection, in turn, is not only more effective than the judicial process, but also contains many options for solving the problem, which can be combined. The main areas of legal pre-trial collection of loan debt are:

1. Claim procedure. Within its framework, the bank (security service, collection department, legal department or other banking structure), as a rule, conducts correspondence and negotiations with the debtor. Letters, phone calls, SMS and the like are standard means of working with debtors.
2. Contacting collectors. Since today this area of ​​activity is not yet regulated at a sufficient level by laws, specialized collection agencies, law firms, and even private detectives can act as collectors.
3. The so-called sale of debt is the conclusion of an agreement on the assignment of the right to claim the debt.
4. Foreclosing on collateral is only possible for secured loans, in particular, mortgages or car loans.

Pre-trial collection by the bank

When turning to means of pre-trial collection on its own, the bank is guided by the terms of the loan agreement and the provisions of the law. The bank has every right to do this, since in case of delay or refusal to fulfill its obligations, the borrower directly violates the contract.

When collecting debt on its own, the bank does not have much power. All his actions usually come down to negotiations. But more stringent measures are also possible, such as blocking debit, salary and other accounts, client deposits with unaccepted write-off of debt from them. Such actions by the bank are legal only if this measure was provided for by the terms of the loan agreement or a court decision was received. In other cases, the debtor can appeal the actions of the bank by sending a claim to it or filing a claim in court. By the way, in court, if the bank’s actions are declared illegal, the debtor may also demand recovery of damages.

Collection through debt collectors

​Banks' appeal to collectors is the most common practice of pre-trial debt collection from individuals. It's all about efficiency, often on the border between legal and illegal methods, and sometimes even crossing all boundaries. By turning to collectors, the bank actually relieves itself of all responsibility for their actions. And, despite the fact that, from the point of view of the law, the powers of collectors are not much different from those of banks, their actions are always more active and even harsher in relation to borrower debtors. Due to this, in principle, effectiveness is achieved. Not all debtors are able to live in constant stress; turning to anti-collectors is an additional cost, so only those borrowers who really do not have the opportunity to repay the debt do not take any measures to repay the debt. At the moment, it is possible to resist the illegal actions of debt collectors only by filing a statement with the police about threats, violation of privacy, illegal use of personal data, extortion or other violations of the law.

Sale of debt (assignment of claim)

The practice of selling debt has not become very widespread in the banking environment. This is rather a last resort, since the bank's losses in this case will be significant. Borrowers should note that all statements by collectors that they allegedly bought the debt are, in most cases, fraudulent in nature. Debt collection services and acquiring the right to claim a debt are not the same thing. In any case, the transfer of the right of claim does not give the new creditor any powers other than those of the original one. All pre-trial collection will be reduced to the same methods that are acceptable for the bank.

Foreclosure of collateral

The collateral is collateral under the loan agreement, therefore, in case of violation of its terms, the bank has the right to initiate a procedure for foreclosure on the collateral. In fact, this means that the collateral will be withdrawn from the possession and (or) use of the borrower and sold at auction, followed by full or partial repayment of the debt. If the amount of funds received by the bank exceeds the amount of the position, the difference is paid to the debtor. If there are insufficient funds to repay the debt, the bank has the right to take other collection measures.

Contrary to the popular belief among borrowers that the bank is free to dispose of the collateral as it pleases, this is not true. The conditions and procedure for foreclosure on the collateral must be specified in the terms of the loan agreement. At a minimum, the agreement must contain a list and content of the bank’s rights in relation to the collateral. It is possible that in order to seize and dispose of the collateral, the bank will need a court decision, although such a condition is rare today.