Purchase of debt from individuals and legal entities. the Purchase of real estate debts

Date:

2020-04-02 16:00:14

Views:

398

Rating:

1Like 0Dislike

Share:

Table of contents:

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.

Buying and selling of 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.

debt purchase

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.

Recommended

Staff evaluation: system and methods

Staff evaluation: system and methods

Personnel Assessment allows you to identify how competent the employees involved in the enterprise, and it is the performance of their work – the most significant factor affecting the efficiency of the company. To clarify the impact of performa...

How to start your own business: important aspects.

How to start your own business: important aspects.

Many people, tired of working for someone else, are increasingly thinking about how to start your own business. Someone wants to open a salon, someone store, and someone enough and vegetable stalls. Before you throw in the pool with his head, it is i...

business activities. its essence and basic functions

Business activities. its essence and basic functions

The Entrepreneurial activity of the citizen – is undertaken at your own risk and independent activity, which aims to systematically profit through the sale of works, goods, services, use of the property. The citizen engaged in such activities, ...

The Purchase of debt by writ of execution

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.

sale of debts of physical persons

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.

Collection Agency debt purchase

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%.

Sale of debts of physical persons

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.

the purchase of debts of legal entities

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.

Buying and selling of debts of legal entities

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.

sale debts

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.

The Purchase of an apartment with debts

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.

buy debt by writ of execution

To protect yourself from such a situation, before buying you must do the following:

  • Personally to ask about the presence of debts of the seller in the office TSZH or UK.
  • Scan the lists of debtors on the website of UK or public services in your city.
  • Find out the necessary information from the Concierge.
  • Ask the seller to provide a certificate of its lack of utility arrears.

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.


Article in other languages:

AR: https://www.tostpost.com/ar/business/21735-purchase-of-debt-from-individuals-and-legal-entities-the-purchase-of-r.html

BE: https://www.tostpost.com/be/b-znes/39249-kuplya-do-gu-f-z-chnyh-yurydychnyh-asob-kuplya-neruhomasc-z-da-gam.html

DE: https://www.tostpost.com/de/business/38759-kauf-schulden-bei-nat-rlichen-und-juristischen-personen-der-kauf-einer.html

ES: https://www.tostpost.com/es/centro-de/38525-la-compra-de-deuda-de-los-f-sicos-y-jur-dicos-incorporados-a-la-compra.html

HI: https://www.tostpost.com/hi/business/23308-purchase-of-debt-from-individuals-and-legal-entities-the-purchase-of-r.html

JA: https://www.tostpost.com/ja/business/21313-purchase-of-debt-from-individuals-and-legal-entities-the-purchase-of-r.html

KK: https://www.tostpost.com/kk/biznes/39620-satyp-alu-boryshty-zheke-zh-ne-za-dy-t-l-alardy-zhylzhymaytyn-m-l-kt-s.html

PL: https://www.tostpost.com/pl/biznes/41326-zakup-d-ugu-u-os-b-fizycznych-i-prawnych-zakup-nieruchomo-ci-z-d-ugami.html

PT: https://www.tostpost.com/pt/neg-cios/40985-a-compra-da-d-vida-f-sicas-e-jur-dicas-lic-compra-de-im-veis-com-d-vid.html

TR: https://www.tostpost.com/tr/business/36151-al-bor-var-ve-t-zel-ki-iler-emlak-sat-n-alma-bor-lar-ile.html

UK: https://www.tostpost.com/uk/b-znes/40076-kup-vlya-borgu-u-f-zichnih-ta-yuridichnih-os-b-pokupka-neruhomost-z-bo.html

ZH: https://www.tostpost.com/zh/business/37836-purchase-of-debt-from-individuals-and-legal-entities-the-purchase-of-r.html






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."

Comments (0)

This article has no comment, be the first!

Add comment

Related News

Donation - what is it?

Donation - what is it?

currently, it is difficult to find a field of activity in which it was not a place of charity. Broadcasting, mass media, global Internet, culture and art, politics, law and Economics, health care - in all areas of modern life ther...

Technical analysis options

Technical analysis options

Since the advent of binary options in the financial markets they are considered as a speculative way of making money online. This is due primarily to the shortterm nature of the trade compared to traditional options. In most cases...

Welding inverter

Welding inverter "Svarog ARC 205": description, specifications, price, reviews

Among the welding inverter deserve particular attention inexpensive but reliable and undemanding machines. Among them are the device "Svarog ARC 205" from the welding units of the same name. Products are manufactured in China. Adv...

Antifriction materials: overview of properties, application

Antifriction materials: overview of properties, application

the Process of maintenance of technical plant, machinery and separate elemental groups of equipment is inevitably accompanied by wear. The mutual mechanical action of parts on each other with varying degrees of intensity leads to ...

Manufacturing business: ideas, examples

Manufacturing business: ideas, examples

If you have decided to start their own business and production plan business process, that is going to produce some goods, you should know what to navigate. The determining factor in these cases was and remains the existence of co...

OOO

OOO "Savelovsky machine-building factory": the history, products

OOO «Savelovsky engineering plant” is one of the largest enterprises of the Russian machine tool industry. Joint-stock company specializiruetsya in the production of high-tech machines, equipment for the nuclear and ae...