So, we will understand in stages.

We take a loan and go to the army, what to expect next?

Life goes on, you graduate from college, get a job and start dreaming about your own car, your own home, and so on. Of course, it's good when your parents at first can help you make your dreams come true, but if they still can't, there is no point in despairing, because all modern people are not afraid to take out bank loans for their needs. And so you come to the bank, safely fill out all the required applications, bring all the necessary documents and get the desired loan. And suddenly a summons comes from the recruiting office. The situation, frankly, is not a pleasant one. Yes, you actually do not resist going to serve for the good of your homeland, but what to do with the loan that you have already managed to get in the bank?

First of all, we will advise you to apply for services. He will try to help you find a way out of your (specific) situation. But remember that you shouldn't delay going to a lawyer in any case, otherwise you risk getting into the list of bank debtors, which means that you will be charged fines and penalties. And by the time you return from the army, you may already have a subpoena awaiting you, where you will be required to pay an amount that is already significantly higher than what you once borrowed.

Army and credit - is it possible to agree?

Unfortunately, the debt on your loan will not evaporate anywhere. But there is still an option to defer payments while you serve in the army. You can, for example, or by temporarily reducing the amount of monthly payments. You can also ask for help from your acquaintances, friends or relatives, so that they can help you with payments while you repay your debt to your homeland. In this case, your relatives will act as guarantors and, while you are in the army, they will pay your loan.

By the way, almost all banks take into account such an important reason as military service. Therefore, almost all of them always compromise with their clients, that is, they take all the necessary measures to come to a mutual agreement that will satisfy each of the parties. At the same time, a credit attorney will not be superfluous: he will help you find the best option for an agreement, because his official duties include protecting the interests of his client. True, you will also have to pay a little for his services, but believe me, this is several times less than the penalties that await you in the event of delays in payments, and even more so full non-payment of debt.

Do you want to get a loan without leaving your home? A microloan on the card is the best solution in this situation!

In the Russian Federation, military service is the sacred duty of every man who has reached draft age. The conscription service in the Armed Forces of Russia lasts one year and there are often situations when a citizen with unsecured loans goes into the army to do military service. In this case, a natural question arises, what to do with a loan if they are drafted into the army? Although banks check borrowers and their financial capabilities when drawing up a loan agreement, including checking the possibility and likelihood of the borrower undergoing urgent service, not always and not all credit organizations. In most cases, banks issue loans for persons approaching draft age only if they have guarantors or other collateral, but they can be taken into the army even after 20 years up to 27 years of age, so the situations may be different.

Military service does not abolish the previously assumed obligations of a citizen for loans, and is not a reason for terminating a loan agreement or any discounts or deferrals by default. Thus, the obligation to repay the loan remains with the borrower, who, due to the service for a year, may be unable to fulfill loan obligations to the bank. What to do in such a situation?

Issues covered in the material:

• What will happen if you do not pay a loan while serving in the army

What to do with a loan if they are taken to serve in the army

It must be understood that the conscript is not alone in any case, he has a family, so the most logical thing in this situation would be to contact his relatives to make payments on the loan during this year, while the borrower fulfills his duty to the Motherland. If the borrower has managed to start a family, he can agree with his spouse that during his absence she will repay the loan payments, especially if the loan itself was taken for family needs. With such a solution to the issue, no problems arise at all, because anyone can make payments for the borrower, this does not require a renewal of the contract.

As we have already mentioned, banks are extremely reluctant to issue loans to persons of draft age and only if there are guarantors. In this case, if there is a guarantor, you can agree with him so that temporarily, during the year, the loan payments are made for the borrower by the guarantor. According to the terms of the loan agreement, the bank will set up its claims to the guarantor in the absence of payments to the debt from the borrower. You can issue a receipt with the obligation to return the money paid by the guarantor after returning from the army.

It so happens that it was not possible to agree with any of the relatives and friends, then there is only one option: to contact the bank with documents confirming the change in your conditions, for example, you can submit a copy of the summons and submit an application with a request to restructure your debt and a postponement, about the so-called "credit holidays".

The most ideal option in a situation when the borrower went into the army for military service would be the provision of a "credit vacation" by the bank to the debtor, that is, Even if it is possible to agree not for the entire period, but only for several months, this will be a better solution than increasing the amount of debt due to the accrual of penalties and fines. Such a deferral service is available, for example, in the Bank of Moscow, Promsvyazbank, Orient Express Bank, Post Bank, VTB, etc.

Talking about what to do with a loan if they are drafted into the army, it should be clearly understood: in the case when the loan was taken for a relatively small amount, you can consider the option of early repayment, for example, by selling a car or other property to contribute the proceeds to pay off the loan debt before you go to the military registration and enlistment office. If this option is possible, it is better to use it.

What will happen if you do not pay a loan for serving in the army?

The worst option would be to stop making payments altogether and go into the army, forgetting about the existence of debt for a year. However, in this case, you will accumulate huge amounts of forfeit, and with a statement of collection. Since you will not be on the spot, and you will not be able to file an application for cancellation of the court order in time, the bank will receive a court order, which has the force of an executive document, and enforcement proceedings will be initiated against you.

Thus, this step promises only the aggravation of the problem to unimaginable proportions, which will only increase by your return from the army, and it will be very difficult to deal with them.

In any case, even if you do not see ways to resolve the issue, you must notify the bank of your forced absence and inability to make payments during the year. The forfeit will be charged, but in this case, the bank at least will not take measures to collect against you during the year.

And after a year, after you return to civilian life, you will be able to resolve the issue with a forfeit through the court, since your absence was nevertheless caused by objectively valid reasons.

In any case, a credit attorney can advise you on the correct course of action in your particular case. To work out an optimal solution, it is necessary to take into account a lot of additional information, namely: what percentage of the debt on the loan has already been paid off and how much remains to be paid off, what repayment terms are set in the loan agreement with the bank, what steps have you already taken to resolve the issue with the bank.

Consulting a competent lawyer can help you develop an optimal behavior strategy in order to avoid negative consequences in the form of calls and visits of collectors to your relatives. A lawyer will help you draw up so that the bank will agree to make concessions on your debt in the form of consent to debt restructuring.

→ What to do with a loan if you were taken to the army?

What to do with the loan if you were taken to the army?

How to pay a loan if you were taken to the army?

Conscription is the obligation of the male half to fight for his state with arms in hand and to bear the burden of military service in the ranks of the armed forces. However, it must be admitted that despite the numerous military reforms and other measures to raise the prestige of the army service, the recruitment of new recruits, like several years ago, remains not 100% voluntary.

Each of the conscripts may have their own reasons for not wanting to serve in the army. Someone manages to get their own business, someone gets married by the time they are called up, someone implements a creative project or establishes a personal life ... And very often young people take loans to implement their plans and meet current needs.

Looking ahead, we note that serving in the army in Russia is not some kind of force majeure and does not relieve civic obligations (nor does it deprive them of rights). It means that debts will have to be repaid one way or another.

What will happen to the recruit loan?

Unfortunately, not every banking institution today, when applying for a loan, checks the borrower for his service in the army. Moreover, when considering a loan application, only large financial institutions require a military ID, and only when it comes to a large loan for a long term - a car loan or a mortgage.

In the main mass, consumer and other relatively small loans are issued without checking whether the borrower served in the army or whether he still has a debt to the Fatherland.

Such "forgetfulness" of employees of the credit department often even inspires borrowers who, having received the coveted loan, rejoice like children, believing that they have managed to turn the bank around their fingers. However, when at a certain moment a military commissar appears on the doorstep with a summons, the borrower begins to worry about the fate of his loan. And he does the right thing, because the very fact of being drafted for military service does not exempt him from paying the principal debt and interest on the loan.

If the borrower, wearing an army uniform, simply forgets about his obligations to the bank, then he will have every reason to sue him. And the very fact of the trial, regardless of the court's decision, will seriously and permanently disfigure the credit history of the young borrower. So, when, having returned from the army, matured and matured, a guy wants to start a family and, like all normal people, take an apartment on a mortgage, all banks in the country will simply refuse him.

What if the conscript is unable to pay the loan?

In this case, you need to negotiate with the bank. In order not to put a fat end on his credit history, the borrower who received the summons must act in a civilized manner.

There is no need to avoid meetings with the lender; moreover, the bank should be aware of the latest news from the life of the borrower.

You need to go to the bank and tell the loan officers about your common problem. Banks very often meet their clients halfway and agree to carry out debt restructuring. In this case, the bank reduces the debt burden on the borrower by increasing the loan term. These small payments during the absence of a young person can be paid by his relatives or friends.

Some credit organizations even agree to provide the client-conscript with an annual grace period for the loan repayment - the so-called "credit holidays".

It is not excluded that a young man who has received a bank loan to buy real estate or a car will be drafted into the army. Is conscription for military service a force majeure circumstance that suspends the loan agreement, including the timing of payments and the calculation of a penalty?

Is conscription a force majeure?

Force majeure (force majeure) is usually understood as unpredictable events (for example, natural disasters, military actions, strikes, revolutions, etc.) that do not depend on the will and actions of the parties involved in the transaction, making it impossible to fulfill contractual obligations.

Force majeure is circumstances that do not depend on the will and consciousness of the parties. And at first glance it may seem that conscription, which takes place regardless of the will of the conscript, can be considered such a circumstance. After all, the state does not ask the conscript's consent to serve in the army.

However, the grounds for conscription, draft age and other circumstances related to conscription are detailed in the norms of the Law of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan "On military service and the status of military personnel". Thus, the possibility of conscription into the army could have been provided for by the borrower, even if he counted on a postponement or release from service for any reason. Therefore, he cannot refer to this circumstance as unforeseen.

In addition, the conscription in itself does not make it impossible to fulfill the borrower's obligations to repay the loan. Lack of necessary funds, due to the loss of earnings, is also not considered as a reason for the suspension of loan payments.

Thus, the current legislation does not contain provisions that allow the use of conscription into the army as a basis for termination or suspension of obligations to the bank.

Also, this is not an obstacle to the bank's levy on the property pledged to secure the loan.

Taking into account the terms of the agreement with the bank

In any case, in such a situation, it is necessary to familiarize yourself with the terms of the loan agreement (bank loan agreement) and the pledge agreement (mortgage agreement).

The circumstances that the parties have agreed to refer to force majeure (force majeure) are almost always contained in these agreements, since this list is not legally defined. Typically, such conditions in contracts include: natural disasters (floods, earthquakes, epidemics), military conflicts, military coups, terrorist acts, civil unrest, strikes, orders, Resolutions of the Government, the National Bank of the Republic of Kazakhstan or any other decisions, administrative or governmental restrictions affecting the fulfillment of obligations by the Parties under this Agreement, or other circumstances beyond the reasonable control of the parties. Assuming that conscription is within the bounds of reasonable foresight, bankers generally do not include conscription as a force majeure circumstance suspending the treaty.

But the contracts should still be studied, since in addition to the specified conditions, they also contain requirements for the actions of the borrower in the event of the impossibility of timely repayment of the loan.

What actions should be taken by a draftee with a bank loan?

• take into account in advance the possibility of being drafted into the army;
• immediately notify the bank in writing about the emerging threat of timely payments in the manner prescribed by the agreements with the bank;
• ask the bank to grant a deferral in the performance of obligations.

Subject to the conscientious and timely fulfillment of its obligations and the preservation of the collateral, nothing prevents the bank from meeting its borrower halfway, taking into account the validity of the reason and making changes to the concluded agreement. But this remains the right of the bank.

Military service is not always voluntary. Any person may have their own reasons for not wanting to join the army. Many fear for a home loan, because there will be no one to extinguish it with an appeal.

Ignoring debt, you can easily get into the list of defaulters of a financial institution, which means accrual. And after returning from a unit of the armed forces, a person awaits a subpoena with a significant amount of debt, many times higher than the loan received.

Force majeure situations and conscripts

The concept of the word "force majeure" means force majeure, that is, unforeseen events in the life of the payer (war, natural disasters, revolutions, strikes, etc.) that do not depend on his actions or will. It seems that the summons did not come at the request of the bank client, so the situation may turn out to be just such a factor.

The government doesn't ask a man for approval. However, all the grounds for conscription into the Russian armed forces are explained in detail in the Federal Law "On military duty and military service", N 53-FZ.

The possibility of getting into the ranks of the army should be taken into account by the borrower when receiving a loan, even if he is trying to apply for a year. Thus, such changes in life cannot be considered unforeseen.

Housing loan and army - how to negotiate?

The balance of the debt under the agreement will not be written off. But there is an opportunity to agree with the department manager a deferral of debt and interest repayment, thereby "freezing" the loan. It is also called in another way - to carry out, and banks are not obliged to agree to this procedure.

A client of a financial institution has several options:

• Pay the debt off .
• Restructure mortgages by lowering the volume of payments.
• a loan for 6-12 months, so as not to pay for it at all.

You can ask for help from relatives or friends, so that they insure during the service. Relatives can be made guarantors or co-borrowers, the main thing is that the bank gives its consent to this action.

Most creditors take into account such a compelling reason as conscription. The parties to the agreement are trying to find a compromise that would satisfy the two sides.

The current legislation does not interfere with the subpoena of mortgagees, and does not consider this circumstance the beginning of the termination of payment for obligations to the separation. Additionally, lawyers can collect real estate on a loan while a person is on urgent service.

Conscript actions

First, you need to study the terms of the loan and mortgage agreements. In addition to key information, they contain requirements for payers when.

The mortgage borrower should do the following:

• Take into account in advance that they can be drafted into the army at any time, so it is worth insuring yourself in this case.
• Notify the creditor about military service.
• Write a statement addressed to the head of the department in duplicate with a request to postpone the repayment of obligations.

Provided that the loan is closed on time earlier and all insurance coverage for the transaction is paid, nothing prevents the financial organization from helping the client and meeting him halfway.

After a positive decision of the credit committee, an additional agreement to the main agreement and a new payment schedule are drawn up. You may have to pay a commission according to the rates of the institution.

Benefits of a military ID

Banks are scrupulous about future borrowers. The main condition is the regularity of mortgage payments. That is why the numerous list includes certificates of accrued and paid income, documents confirming the presence of personal property, as well as military registration documents.

Moreover, the requirement is mandatory for people under 27 years old. The "burgundy" book can be useful for participating in a project or for obtaining a civil collateral loan.

Such a document for ordinary clients performs 2 roles at once:

• Confirms the identity of the mortgage applicant (in some programs they ask for a second document + passport).
• Provides additional guarantees of the individual's solvency.

If a young man does not have a military ID, he can be summoned to the ranks of the army at any time. For the lender, this fact means no payments for 12 months, and this is a financial risk. You can get a book after serving in the armed forces of the Russian Federation, having earned an academic degree and for health reasons (non-conscription diagnosis).