If the Bank decides through the court to seek repayment of the loan from the debtor, the lawyers of the financial institution must send to the court a standard package of documents that will confirm that the borrower really owes the Bank amount of money.
Most often, such a package of documents includes:
- Statement of claim with the requirements of the Bank.
- A copy of the concluded loan agreement with the borrower.
- A document confirming the transfer of money to the borrower or the guarantor of the borrower.
- Document-statement of the loan account.
- Complex calculation of the size of the borrower’s debt. The Bank is obliged to provide a detailed monthly calculation of payments from the borrower on the loan document, starting from the moment of conclusion of the contract. However, as the legal practice of our company shows, quite often it happens that the Bank applies to the claim only a certificate of the amount of debt and the amount of fines and penalties for delays, which is a flagrant violation of the current legislation. It also happens that the courts accept such documents.
- Copies of claims that were sent to the borrower and that were ignored by him.
- The constitutive documents and the constitutive format.
- A copy of the power of attorney of the representative of the Banking institution.
In that case, if we are talking about a mortgage loan, the statement of claim can also be attached to the following documents:
- A copy of the mortgage agreement, which must be notarized. At the same time, the financial institution requires collection on the subject of the mortgage, and not payment of the debt on the loan.
- A copy of the documents in the mortgage housing. That is, the Bank requires the recognition of ownership of the property taken in the mortgage.
If there is a guarantor of the borrower on credit obligations, the Bank may attach such documents as:
- Copies of the trust documents.
- Copies of the Bank’s claims for repayment of the debt, which were sent to the guarantor on the loan.
The Bank shall submit the above documents to the court and attach copies of the same documents to them for the borrower-debtor and for each of his guarantors on the loan.
After the court accepts a statement of claim from the Bank, will be appointed the judge for the case, open the appropriate paperwork and specified the date of the first court hearing in the case. The subpoena and copies of all documents from the Bank will be sent to the debtor (and the guarantor), who will act as defendants in the case.
If you have already received such a subpoena, be sure to seek qualified legal assistance in the field of credit disputes.
The help of lawyers and attorneys of Kasyanenko & Partners Law Company, provided on time, can provide you with:
- Complete disposal of credit obligations.
- Significant reduction of the existing amount of debt.
- Getting rid of credit obligations and debts, if you act as a guarantor in the case.
Our experts have considerable experience for positive resolution of credit disputes. We are trusted to solve problems with different financial institutions.
We are able to achieve a positive result not only in the courtroom, but also using extrajudicial methods of legal settlement of credit disputes!