Dmitry Uryakin analyzed for the DP the procedure for collecting debts from individuals

In St. Petersburg there has been an increase in the number of cases of collection of debts from individuals by banks and microfinance organizations. At the same time the number of disputes for amounts up to 50 thousand rubles increases most rapidly. Experts refer this statistic to an increased demand for microloans during the pandemic of coronavirus.

Dmitry Uryakin, Associate at Maxima Legal told Delovoy Peterburg that in disputes between private borrowers and credit organizations the courts usually only have to establish the fact of the contract and overdue payments and then to exact the amount in favor of the bank. Such processes do not cause much difficulty. At the same time, according to the expert, in disputes between individuals on the loan repayment courts are often faced with unconventional behavior or carelessness of the borrowers and lenders.

“Some are still intentionally “suing” fictitious debts in order to build up controlled accounts payable in order to reduce the number of votes attributable to independent creditors in bankruptcy proceedings in the future. Someone carelessly fails to draw up debt documents at the time of transferring money, postponing it to a later date, and thus aggravating his position. Subsequently, the receipt is falsified, the loan is not returned, and the dishonest debtor refers to the failure to receive the money and the drawing up of the receipt “retroactively”. As a result, the court may release such a borrower from the obligation to repay the debt,” Dmitry noted.

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