You have been challenged to negotiate with the creditor new terms of repayment of the liability, remember that if you do not appear at the meeting, the limitation period for your debt will be charged again.You did not repay the loan on time and you got a call for a compromise? Negotiate with the creditor new terms of debt repayment. As a result of conversations, you have the chance to spread your debt into smaller installments and cancel interest. Do not wait for the debt to expire. Calling for a settlement means that it is counted from scratch.
Calling for an amicable settlement – what is it and what benefits it offers?
Calling for an amicable settlement is a form of court proceedings that involves one side of the dispute calling the other to conclude an agreement. The mitigation of the conflict applies to the creditor and the debtor. When attempting to reach an agreement, financial claims regarding a private loan are taken under the microscope. This is a great solution when our creditworthiness does not look good and we can not reach for a commitment from the bank or even use a non-bank loan online.
As a result of the settlement attempt, thus concluding a possible agreement as a result of the talks, the debtor is obliged to repay the debt. It does this on the basis of the rules agreed with the lender and in the period set by both parties.
An amicable settlement is a chance to negotiate and then to reach a compromise. The defaulted payment may seek to spread the debt into installments corresponding to its budget, which will be smaller than the previous one. There is a chance, therefore, that debt repayment will take place with greater freedom. When you try to negotiate, you should also start a conversation about interest. It is possible to cancel them completely. So if we avoided payments for a long time, we can gain a lot. Money for interest can be used to regulate debt.
What should the application for the amicable settlement involve?
In order for an amicable settlement to be successful, the request for a summons should be submitted to the court competent for the opponent. The following information should be included in the document:
- the date and place where the document was prepared;
- the full name of the court to which the application is addressed;
- personal details of the parties to the dispute, i.e. both the debtor and the creditor;
- a meaningful and accurate description of the dispute;
- the value of the dispute claim;
- justification of the application;
- signature of the creditor.
Submitting an application to call for a compromise settlement is expensive. Its price depends on the value of the claim. If it does not exceed PLN 10,000, we will pay only PLN 40 for submitting the document. When the value of debt exceeds PLN 10,000, we will pay PLN 300.
Conciliation – how is his trial going?
After completing the formalities needed for the meeting, both sides of the dispute report to the court. He does not impose on anyone participation in the meeting, only watches over his course and checks whether all activities are carried out in accordance with the rules of social coexistence and the law. He especially cares whether the settlement concluded as a result of the negotiations is consistent with it.
It is worth noting that the reconciliation process requires only one meeting. It is therefore a less expensive method of reaching an agreement in comparison with the filing of an action. At the same time, it also takes less time. The settlement, which is concluded in accordance with the Code of Civil Procedure, constitutes a writ of execution. When the court gives it a declaration of enforceability, the creditor may refer the case to the bailiff. This, as a result of his actions, may take over part of the property of the indebted. The acquired items will be auctioned off and the amount obtained from the auction will be used to repay the debt.
Does calling for a compromise attempt affect the debt expiration?
Calling for an amicable settlement is intended to benefit both parties to the dispute. The creditor will gain it when the debtor agrees to pay the liability under the new rules. The lender will then recover the money. Even if the meeting, and thus the reconciliation attempt does not take place due to the absence of the guilty party, the caller may feel won. All because of the statute of limitations on the debt that the borrower may have counted on. According to art. 118 of the Civil Code, credits and loans expire after 10 years. It is enough for the court to adjudicate that there has been an attempt to agree, and the statute of limitations will be counted from scratch.
The borrower, agreeing to make an agreement, gains the chance to pay off arrears on more favorable terms. In this way, it will not burden the household budget too much. This solution is particularly beneficial when the debt has accumulated for years and is finally very large. It is worth taking advantage of the possibility of spreading it into smaller installments and controlling financial possibilities. If we give up the chance a creditor gives us, we will have to live with financial problems. Keep in mind that the consequences of unpaid loans can be serious.