Loan and Credit Disputes
Representation in court in cases arising from loan and credit agreements
Currently, the popularity of loans is gaining momentum and so is the number of financial institutions that provide quick loans and credits. However, in reality, 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 credit agreements is constantly growing. Most of the controversy arises over consumer loans, in which the borrower uses the amount received to meet personal needs.
With regard to loan agreements, a situation often arises here that an individual lends money to another and later encounters the problem of non-repayment of the debt. Such situations are quite common. Significantly simplify the search for a way out of the current situation - this is a written loan agreement, or a receipt given by the borrower to the lender (by virtue of Article 808 of the Civil Code of the Russian Federation) on receipt of funds from him, which is a document confirming the existence of a debt to the lender.
The procedure for considering disputes under a loan or credit agreement
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 receive the required amount of money at the time he needs, which subsequently causes disputes between the parties to the contract.
In the event of a dispute under a loan or credit agreement, filing a lawsuit to terminate the agreement 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 a free written form and if there is no response, you should go to court.
Disputes on loans or credits involving individuals are under the jurisdiction of courts of general jurisdiction, if such disputes arose between legal entities or individual entrepreneurs, they will be under the jurisdiction of the arbitration court. As for jurisdiction, these disputes are considered by the courts at the location of the defendant or in accordance with the agreement established in the contract.
If the bank decides to initiate a litigation under a loan agreement, you should 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.