Disputes of credit agreements
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of disputes of credit agreements. In our practice, we face with various types of [name of the category of disputes] disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the disputes of credit agreements require an individual approach to each specific case and careful legal analysis.
Disputes on loan and credit agreements
Currently, the popularity of loans is gaining momentum and also the number of financial institutions that provide quick loans and loans. However not all of them are aimed at meeting the needs of the client. Many offer loans on favorable terms only for themselves. In this regard, the number of disputes under loan agreements is constantly growing. Most disputes arise over consumer loans, in which the borrower uses the amount received to meet personal needs.
As for loan agreements, a situation often arises here that an individual lends money to another and later encounters the problem of default on debt. Such situations are quite common. Significantly simplify the search for a way out of this situation preparing written loan agreement, or, given by the borrower to the lender, the so-called receipt (by virtue of Article 808 of the Civil Code of the Russian Federation) in the receipt of money from him, which is a document confirming the presence of debt to the lender.
Dispute Resolution Procedure for a Loan or Credit Agreement
A claim or other pre-trial procedure for dispute settlement is mandatory in cases stipulated by law or contract (part 5 of article 4 of the Arbitration Procedure Code of the Russian Federation, paragraph 7 of article 132 of the Code of Civil Procedure of the Russian Federation, part 3 of article 4 of the CAS of the Russian Federation).
In case of non-compliance with the claim (pre-trial) order, the statement of claim shall be returned by the court (clause 5 part 1 article 129 of the Arbitration Procedure Code of the Russian Federation, paragraph 1 part 1 article 135 of the Code of Civil Procedure of the Russian Federation, paragraph 1 part 1 article 129 of the Code of Administrative Procedure Russian Federation), and in case of acceptance for production - to be left without consideration (clause 2 part 1 of article 148 of the Arbitration Procedure Code of the Russian Federation, clause 1 part 1 of article 1 222 of the Code of Civil Procedure of the Russian Federation, clause 1 part 1 of article 1 of article 196 the Code of Administrative Procedure of Russian Federation).
Before choosing a remedy and method of legal defense, a thorough analysis of the case materials should be carried out, the most correct plan of action should be worked out, since strategic errors cannot be compensated by tactical successes, and from the very beginning there should be a plan and strategy of a legal position in the court case. After choosing the means and method of legal protection, it is necessary to act, making maximum efforts, to achieve the intended result in court.
Quite often, banks take advantage of the difficult situation of the borrower and impose unacceptable conditions on him (for example, too high interest, commissions, insurance), to which he is forced to agree in order to get the right amount of money at the time he needs, after which disputes arise between the parties to the agreement.
In the event of a dispute under a loan or credit agreement, a petition for termination of the contract is preceded by a mandatory pre-trial claim to the other party, a violation of this rule will have negative legal consequences for the plaintiff (return of the statement of claim). The claim is drawn up in free written form and if no retaliatory action has taken place, you should contact the court.
Disputes on loans or loans involving individuals are subordinate to the courts of general jurisdiction, if such disputes arose between legal entities or individual entrepreneurs, they will be subordinate to the arbitration court. As for jurisdiction, these disputes are considered by the courts at the location of the defendant or according to the agreement established in the contract.
If a bank decides to initiate litigation on a loan agreement, it is necessary to carefully study the statement of claim, and if necessary, draw up all the necessary procedural documents, such as a counterclaim, petitions, etc.
In a situation of temporary insolvency, the judge should provide evidence of this.
- Legal analysis of documents and other evidence submitted by a client regarding the disputes of credit agreements
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on disputes of credit agreements