Modern realities it is hard to imagine without credits - it is believed that this is the easiest and fastest way to get what you want. Because it often happens that borrowers, both private and legal persons who are not able to meet its financial obligations to creditors. In particularly bad cases the latter have no choice but to sell the debt.
Sale of receivables is the same contract of sale, or civil transaction in the form of gift, because this process may be monetary compensated or uncompensated. As a result of this agreement on specific terms of the agreement, one creditor is replaced by another. In other words, the purchase of debt - is the assignment of creditor's rights.
The sale of the debt, it is worth remembering that no one except the court has no right to force the debtor to fulfill its financial obligations to the lender. However, the refusal of the person credited to repay their debts leads to the fact that according to article 69 of the Federal law No. 229 bailiffs is entitled to realize the property of the debtor in order to cover its debt obligations.
However, in some cases, police officers have enough powers to enable them so to seriously deal with the debtor. Because the lender has no choice but to sell the debt. Russian laws do not prohibit the sale-purchase of the debt, if the latter is confirmed by the court. The contract on the assignment of the rights is payable at any time until full repayment of the debt. The debtor's consent to such transaction do not need enough that the credit agreement has a point of approval of the transfer of creditor's rights.
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You can Sell the debt to any third person, physical or legal, collection Agency, private citizen. Before that, the creditor must take court writ and send it to the bailiffs, and to write the corresponding application. On the basis of this FSSP provides Executive production for exactly 7 days. Only then you can conclude the agreement of assignment with collectors. Then it is necessary to pass this Treaty to the bailiff - that the official was aware of the assignment of creditor's rights.
But the bailiff may close the enforcement proceedings when the debtor absconds, or his financial position is extremely difficult. In this case the writ is returned to the claimant back. The lender after that for three years has the right to cancel the debt, and re-apply with the statements about the beginning of enforcement proceedings. In this case, it is also possible to assign their rights to collection Agency.
The Main buyers of the debt remains with a collection Agency. The sellers and purchasers of debt are found mainly on the thematic areas in the Network. The purchase amount of the debt depends on many factors - the amount of the loan, the availability of the writ, the time of delay, financial viability of borrower, etc.
In most cases, the lender receives from the Agency not more than 35% of the loan amount (interest is not counted here). The writ of execution in some cases allows to increase this amount to 50%.
The Main sellers of debts to private persons today are banks. They put debt on a special auction, where professional buyers, analyzing the characteristics of the debt (the debtor's solvency, time delay, communication), decide to purchase this debt. As a rule, with the borrower they plan to receive the amount in two or even more times the cost of their purchase.
I Must say that the purchase of debts of individuals has no legislative base. Because the borrower is not prohibited to hinder the process. In practice, the debtor can even "bargain" with collectors (of course, not all borrowers have sufficient patience and the necessary knowledge). Pay the money to the Agency shall be authorised only at the conclusion of the relevant agreement. Signing the contract it is best to put in court.
The Purchase of debt obligations is regulated by article of the Civil code, 382-386. Purchase of debts of legal entities is the acquisition, in fact, the most hopeless of overdue obligations. Because collectors purchase these debts are not more than the amount equal to 10-15% of the original loan amount. The civil code obliges the purchasers in a mandatory manner notify the debtor about the assignment of creditor's rights. If the demands of the collectors to be unlawful, the borrower is entitled to deny them cooperation.
Often in law the debtors bargain debt collectors in some cases are asked to pay only his half. But it is a particular beneficial agent and "shake" as much as possible amount from the borrower, because it depends on the size of his Commission.
Finally touch on thisunpleasant moment the purchase of apartments with debts for utility payments. Just note that the management company has no right to demand their repayment from the new owner - only exception will apply to contributions for major repairs (housing code, article 153, n. 2, PP. 5). If your name came in the court order about collecting old debts of the owner, it is necessary as soon as possible to write objecting to the court is the sender, attaching a copy of the contract of purchase and sale and documents about your right of ownership.
To protect yourself from such a situation, before buying you must do the following:
Purchase of debt is common and allowed in our country. Practiced today the acquisition of debt, both physical and legal borrowers. The main purchasers remain a collection Agency.
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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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