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Publication date: 17.10.2024
I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.
A bank loan is a financial service in which the bank provides the borrower with a certain amount of money for a certain period at a certain interest rate. The borrower undertakes to return this amount, together with interest, within a set period of time, usually through regular payments. Military personnel and civilians who take out loans during the war have special conditions and benefits established by the legislation of Ukraine.
Here are some important aspects and recommendations for wartime loans:
- Benefits for military personnel: Military personnel, especially those engaged in combat or mobilized, are eligible for loan deferment. The law provides for a moratorium on the collection of debts and property in case of non-payment of loans during military service.
- Foreclosure and enforcement moratorium: During martial law, creditors are not allowed to foreclose on debts or seize collateral (such as a mortgage on a home) owned by a service member or family members. There is also a limit on collection from the accounts to which the serviceman's allowance is credited.
- Restructuring and deferment: many banks offer special terms for restructuring the loan or deferring payments during the war. This allows you to reduce the financial burden and postpone payments to a later period. It is important to inform the bank about your situation (for example, the status of a military serviceman or participant in hostilities) and provide the relevant documents.
If you are not a military member, but are in a war zone or have suffered from war, contact the bank about the possibility of receiving a deferral or restructuring of the loan. It is important to keep in touch with the bank and inform about your situation in a timely manner. In some cases, international financial institutions or donor organizations may offer support programs, including loans or grants, to war-affected citizens. In times of war, lending conditions can change, and it is important to know your rights and seek professional advice to find the best solution for your particular situation.
Pre-trial settlement of disputes regarding the return of loans is a process aimed at resolving conflicts between the bank and the borrower without going to court. This allows both parties to avoid additional costs and time associated with litigation and reach a mutually beneficial solution.
Question
What is the purpose of pre-trial settlement of loan repayment issues?
Answer
First, it is to ensure the return of the bank loan, as well as to avoid coercive measures (court, executive proceedings) for the borrower. Minimize losses and risks for both parties.
The main steps of pre-trial settlement:
- Negotiations with the bank: the borrower can ask the bank to revise the terms of the loan or develop a debt restructuring plan. The bank can offer various options: lowering the interest rate, extending the term of the loan, establishing a "credit holiday" (temporary suspension of payments) or reducing monthly payments.
- Restructuring of the loan: the borrower can apply for restructuring if he cannot repay the debt on time under the current terms. This allows you to change the repayment schedule or the amount of payments.
- Pre-trial claim: the bank can send the borrower a written pre-trial claim demanding debt repayment. This is an official notification, which usually contains requirements for payment of the debt within a certain period, as well as information about the possible consequences in case of non-payment (judicial appeal, assessment of fines, etc.).
- Debt repayment in installments: if the borrower has temporary financial difficulties, the bank may agree to partial payments or an individual repayment schedule.
To protect his rights and interests, the borrower can contact a lawyer. The lawyers of our "Consultant" service can help in negotiations with the bank, correctly draw up an application or statement about restructuring.
Advantages of pre-trial settlement agreement with creditor:
Saving time and money: avoids a long and expensive legal process.
Preservation of relations: the ability to preserve good business relations between the bank and the borrower.
Individual terms: the parties can agree on more favorable terms than those that could be imposed by the court.
Pre-trial settlement agreement with creditor disputes is an important tool to prevent conflicts and preserve the financial stability of both parties. Pre-trial settlement of disputes regarding the return of loans by military personnel with legal support is a specialized process aimed at protecting the rights and interests of military personnel in matters of debt obligations to banks.
The main services provided with legal support by the legal service "Consultant":
- Assessment of the credit situation: analysis of documents (credit agreement, statements, notices from the bank) to assess the legality of the creditor's claims. Verification of the compliance of the terms of the contract and the bank's requirements with legal norms, especially taking into account the status of a military serviceman.
- Advice on benefits and entitlements of military personnel: Military personnel may be eligible for special credit terms or deferred payments while serving in the military or participating in combat operations. A lawyer provides advice on this matter, helps to determine whether a specific situation falls under preferential conditions, and how to properly use these opportunities.
- Negotiations with the bank: a lawyer can negotiate with the bank on behalf of the serviceman, represent his interests and reach agreement on favorable terms of restructuring or deferment of payments. Ensuring formal agreements regarding changes in loan terms are drawn up to avoid possible misunderstandings or conflicts.
- Debt restructuring, agreement with the creditor: drawing up applications for credit restructuring, taking into account the legal rights of military personnel to reduce or postpone payments. Preparation of a settlement agreement with a creditor of new conditions with the bank, preparation of a settlement agreement with the creditor.
- Legal protection in case of violation of the rights of a serviceman: if the bank violates the rights of a serviceman, for example, does not take into account his status or refuses benefits, a lawyer can prepare a pre-trial claim or a statement for the protection of rights. Protection of the interests of a serviceman in court in the event that pre-trial attachment does not yield results.
If the creditor tries to impose sanctions or fines, arrest the serviceman, a lawyer can file a pre-trial claim to protect his rights and take measures to resolve the conflict at the stage of negotiations, in more complex cases it is worth going to court, if necessary, prepare a settlement agreement with creditor - this is an agreement between the debtor (individual or legal entity) and the creditor, aimed at the settlement of debt obligations without a trial or at the stage of a trial. Also, the lawyer will be able to help with the issue of removal of attachment from accounts, as this is the process of canceling the restrictions imposed on the bank accounts of an individual or legal entity as a result of a court decision, state bailiff or other authorized body. Seizure may be imposed in case of debts, unfulfilled obligations or other legal grounds. Therefore, the removal of attachment from real estate and the settlement agreement are processes that quite often relate to the pre-trial settlement of disputes with creditors.
Therefore, the legal support of the "Consultant" service in the pre-trial settlement of credit disputes by military personnel allows you to effectively protect their interests and rights, ensure the use of benefits and avoid serious financial consequences, as well as help with the removal of real removal of attachment and the preparation of a settlement agreement.
