It is difficult to find an enterprise or organization that no one owes anything to. Unfortunately, both business partners and clients sometimes do not behave very decently and do not fulfill their obligations. Banks have a different story altogether: they always had enough debtors, and after the crisis of 2008 they appeared in huge numbers.
At first, financial institutions tried to solve the problem of non-payments on their own (by phone calls, letters), then, realizing that this lesson was ineffective, they began to attract collection agencies. Ultimately, the only way out in many cases was to recover a debt in court.
For a bank, such a scheme for debt repayment, although not the easiest, but at least affordable. Indeed, in every financial institution there is a staff of competent lawyers who can not only file a lawsuit, but also defend it in court. If the lender is a small organization or a private person in general, for him this option may seem too complicated. The debt collection service (collection agency), which is now quite a lot on the market, can help solve such a financial problem. Employees of such a company work at all stages, from phone calls, letters and visits to the home (office) to the deadbeat, and ending with escort in court.
In some cases, when the lender does not have time to “knock out” the debt, the loan can be sold to the same collectors, having received at least a smaller amount, but immediately. And then they will then
collect debts on their own in order to return theirs and earn.
If a bank acts as a creditor, then collection of debt in court does not occur immediately. First, they try to solve the problem peacefully, finding out the reason for delays in payment and trying to have a psychological effect. This is due to the fact that debt recovery is a rather lengthy and costly task (you will have to pay the state fee, the work of a lawyer, and, possibly, some other expertise if the court appoints them). In the end, you can get a refusal, this also happens.
But, even having a court decision in their favor, the lender does not always succeed in taking the money. In a situation where debt is collected in court, a positive outcome also depends on the work of state executors. It is this service that will carry out the search and
inventory of property, through which it will be possible to satisfy all the requirements of the creditor. Sometimes there is simply nothing to take from a debtor, so it turns out that there is a decision to recover, but there is no sense in it.
On the other hand, the truth is not always on the side of the creditor. In some situations, the debtor is not only innocent, but also the injured party. It is simply not easy for a private person to argue with a large system organization, and even in court not everyone succeeds in upholding their righteousness. Some do not even try, realizing that the chances of winning are small, and continue to pay incomprehensible amounts, increased interest and additional commissions accrued by the bank.
But the borrower, if the bank illegally demands additional amounts from him, has the right to dispute this even after the full repayment of his loan. If they refuse to refund the overpayment, then collecting the debt in court remains the only way out. Of course, it is better to do this not alone, but to seek the help of lawyers. And it is advisable to include payment for their services in the amount of the claim.