ABOUT CREDITS. LIABILITY OF GUARANTORS. WHEN CAN THE PROPERTY BE RECEIVED? LEGAL CONSULTATION

ABOUT CREDITS. LIABILITY OF GUARANTORS. WHEN CAN THE PROPERTY BE RECEIVED? LEGAL CONSULTATION

Author

Yarmoliuk Dmitry

Consultant is a mobile application with the help of which you can get an answer to any question you are interested in from lawyers, as well as receive legal assistance from them.

Today is another series of the “People's Question” column, where I will review the most interesting consultation that took place in our application.

Recently, our team was asked a question:

“Hello, Son is 23 years old. Takes loans on the Internet, Moneyveo, privat. And he doesn't give up. Works unofficially and is insolvent, leads an immoral lifestyle. Parents have to pay off debts. There are no more forces. You pay off one, the bank allows a large amount, it gets into debt again. What can be done? Is there any document prohibiting lending, possibly to a single credit network, who should not be credited without a guarantee? Will they pull us? What about the apartment where he is registered? Can they take her away? He only has a residence permit.”

First, I will voice the answer that the user considered the best:

“Your son is an adult and has the right to take loans, you are not required to repay them. You can act like parents at your own discretion... You pay microcredits for your son on time and his credit history is only getting better, and accordingly, there are greater credit opportunities. You can simply not help him in returning the next loan, his credit history will deteriorate (it is then restored over time), he will no longer be given a loan, or he himself will begin to be responsible for his actions. You have nothing to do with your son's credit obligations if you did not sign a suretyship agreement. They can’t take the apartment away, in general, collectors from MFIs like to intimidate, put pressure psychologically, threaten, but as a rule, the case does not reach the court. That is, if you do not help your son repay the debt, either he will repay it himself, or he will spoil his credit history for a while and will no longer receive a loan. Nothing threatens your property and safety.”

Another legal consultant wrote:

“Your son is an adult and is responsible for his own debts. You can only voluntarily pay off debts for him. If you do not want to pay them, then no one will force you. If he is not the official owner of the apartment, but only registered there, no one will take away the apartment. And even if he would be the owner along with other family members, then this is a very complicated procedure, a person in Ukraine cannot be deprived of housing. If suddenly threats of any format are applied to you, then the person who makes such threats can be held criminally liable under Art. 355 of the Criminal Code of Ukraine, coercion to fulfill civil law relations."

And another answer from a lawyer:

“It is impossible to forbid a person to take loans now. With regard to debt repayment, other persons, including parents, are not required to pay these debts. With regard to foreclosure on property, this is possible only if it is owned by the debtor. The fact of registration does not give the right to repay the debt by selling it. In your situation, it's best not to sign or deal with credit unions."