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Court settlement measures bad loans

Saturday, 29 November 2014 10:48
Court settlement measures bad loans

Measures stipulated by this part are fulfilled by Legal Unit and Distressed Assets Recovery Unit, including Security Unit.

Submission of debt collection claim to the court

While preparing a claim by Legal Unit of the Bank, all employees of the Bank have to provide calculations of debt amount and documents necessary to back up the positions of the Bank with reasoning and form an amount of the stated claims.

Depending on chosen way of satisfying demands, claims can be:

1. On debt collection under the Contract at the expense of the Customer (Guarantors, Debtors)

Statement of claim for Customer debt collection is submitted to Local Economic Court in compliance with territorial jurisdiction.

If appealed to the court with a statement of debt collection claim under the Contract in solidary order from the Customer and Guarantor – legal entity, the mentioned claim is to be sent to Local Economic Court where one of the defendants is available. If Guarantor is a private individual, a claim is submitted to Local Economic Court of general jurisdiction at the place of stay of the Guarantor.

According to a certain category of Contracts (Factoring agreement), stated claims can be submitted against the Debtors.  In this case, order and conditions of appeal to the court are regulated by the same standards of the legislation as in case of Guarantors.

In this category of disputes, while submitting a claim, the Bank can send to the court an application on securing a claim by seizure of all assets of the Customers (Guarantors, Debtors), including accounts in financial entities. Issue on satisfying such application or refusing its satisfaction is solved only by the court while the court session, in virtue of which motivated decision is made.

Having considered a case, the court makes award in virtue of which an executive document is issued.

2. On debt collection at the expense of selling collateralized property

Indicated claim category is characterized by the same actions as fulfilled by Legal Unit while repossessing assets of the Customer.

Divergence of the indicated action is a possibility to satisfy the Bank’s demands towards the Customer only at the expense of sale of collateralized property in order stipulated by the current legislation and at value which can not exceed the amount of the Customer’s obligation under the Contract. 

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