The authorities have long been deciding how to deal with the mayhem of the collectors and created a sensible idea. To attract to the aid of banks notaries. Also, banks can get the opportunity to send documents on debtors and notaries and immediately to bailiffs, bypassing the court.
The government, together with the Ministry of Internal Affairs, the Ministry of Finance, the Bank of Russia and other financial organizations, came to the conclusion that the possibility of attracting notaries to work with credit debtors should be tested. And, in the project it will look like this: it is enough to get an executive inscription from a notary. Thus, a notary visa is enough for the bailiffs to take action. It is worth noting that if this practice gives a positive result, it will be unprofitable for banks and MFIs to turn to collectors.
While this is all decided in the Government, then in the State Duma, and only then the president will sign a decree, which should enter into force. But, according to experts in the field of financial-credit bank-client relations, this innovation will simplify the procedure for collecting debts. True, they clarify, only in cases when the loan is notarized.
Separately, it should be said that the “sore subject” about collectors and their organizations, the above, this rule will not be solved by itself. Their collectors need to either prohibit or drive into the framework of the law.
Another important project is now being discussed
The possibility of making notary executive notes on notarized transactions and loan agreements . As a result, the life of the bank or the MFI will no longer have to go to court to recover the outstanding loans, it is enough to use the services of a notary. The notary will check the loan agreement and the validity of the claims. Here, if you take, notaries for this case – the question is still open. After all, then the notary will be fully responsible for the results of its activities. Ah, does he need extra hemorrhoids? Not.
It is worth recalling one more important circumstance! Bailiffs and notaries work in different areas: notaries do not collect debts, but certify indisputable facts. The bailiff acts in accordance with the law, so it is easy to guarantee that the recovery procedure will take place within the framework of the legal field.