There are people who, when taking out a non-bank loan in the form of a payday loan, believe that the lack of repayment of this loan cannot be associated with more serious legal consequences.
There are always exceptions to each rule and at least one. But more on that later. Loan companies provide quick payday loans without any formalities, brokers because you can submit an application online within five minutes and receive money on your account within the next fifteen, so who would take all this seriously? The answer is very simple – a loan company! Exactly the one from which we borrowed the money!
Theoretically, the matter of an unpaid liability, whose balance with each day of delay in repayment is gradually increasing, does not have to end in court. It all starts with prompts in the form of text messages (mail, SMS), telephones, written and paper payment requests . The second theory is that loan companies care very much about … that the commitment is not repaid but this is not true. Fast lending companies know that court proceedings or subsequent credit enforcement are, first of all, time consuming and it is known that not everyone is patient and likes to wait indefinitely and secondly, everything costs money. The courts do not work for free. credits are also not and the debtor’s assets can be none, the proceedings may be discontinued and the lender, that is, the creditor may not be left with nothing to lose extra money for what had no effect.
Thus, first amicable debt collection is underway, which also entails side costs, because such matters are usually handled by the so-called external entities, i.e. law firms or debt collection companies. However, you should be aware that unpaid debt can go to court. Then the creditor, in this case the loan company or an entity acting on its behalf, submits to the district court a suit for issuing an order for payment . After examining the claim, the court usually issues such an order. His failure to answer, unfortunately, does not constitute grounds for dismissal. Deliberate not receiving court correspondence, in the light of the law it makes no sense. The parcel twice advised after fourteen days is considered to have been delivered correctly, i.e. the recipient has received it even if he has not seen it before his eyes.
Therefore, the court orders the creditor to pay the sum charged with interest and the costs of so-called legal representation if the meeting took place in absentia. We also have two weeks to do this. During this time we have the right to object, which automatically stops the legal force of the order issued and the court is required to examine it. In opposition we can claim that, for example, we were deceived by someone and we did not take payday pay, but someone impersonated us, that our situation is tragic, we have no money to pay back, that we are sick, unemployed, we have no income and if there is , it is low or unstable and depends on something there, i.e. we do not get cash every month, the house has burned down, and such differences.
Making false statements is punishable by law! Let us remember that before we try to convince the court that we are insolvent. Of course, the court does not have to agree with our arguments. the objection may be dismissed and the creditor has the right to apply for a payment order, i.e. an enforcement clause. Once this clause is issued, the creditor asks the court credit to carry out the execution of the debtor’s assets . The credit may, at the request of the creditor, take our bank account and all the funds accumulated on it. If this form of enforcement is unsuccessful, the creditor may commission the credit to execute the movable property owned by the debtor. The final option is to take a car, house or flat, but in this case the debt cannot be time-barred or must be of a certain value.
Creditors assume that people have assets. Often yes, but if the credit has nothing to do, the proceedings are discontinued. A paid court, a paid credit have no legal means to collect the debt , so enforcement, if it occurs, will be discontinued. If we prove that the court issued a judgment on payment for the statute of limitations and provided it with the said clause, then such enforcement is suspended and will be discontinued over time due to unjustified reasons. It is best to settle for a debt company with a loan company. Its successful conclusion is able to suspend all enforcement activities. If we have a difficult situation and the debt does not amount to tens of thousands of zlotys and we are able to pay it back, we ask for the write-off of costs and interest and repayment in installments . In most cases, such a procedure saves us from a credit .