Does the bank have the right to call a debtor's relatives

Consumer lending allows you to obtain funds for any purpose: purchasing furniture, appliances, jewelry, clothing, renovations, or paying for tourist trips. You can get cash for all these purposes, and notably, many credit organizations have simplified the lending procedure as much as possible – almost every Russian citizen who meets a minimum set of requirements can obtain a credit card.

Sravnim24 editorial team
Daria Kreslova

Contents

Why bank employees call the borrower's relatives and friends

Not all borrowers manage their obligations. Many fall behind on loan payments or do not pay them at all. If obligations are not met, bank employees begin calling the client to remind them of the debt. In this case, the bank acts in accordance with the Federal Law "On Banks," according to which it must take all measures provided for by law to collect the debt.

By calling the borrower's relatives and acquaintances, bank employees do not break the law. They have the right to use all contact information provided by the client. In this case, the bank is pursuing its sole, legitimate goal – the return of money. If the client does not answer calls, employees will call other persons whose contacts are listed in the contract.

Do banks have the right to call relatives and friends

Credit organizations can call not only the borrower but also their contact persons. However, in accordance with Federal Law No. 230 "On Debt Collectors," they must comply with regulated rules for interaction and debt collection activities.

It is worth noting that the conditions specified in this law apply not only to collection activities but also to the work of credit organizations. Details on how a bank can interact with third parties (friends, colleagues, relatives, acquaintances, neighbors) are stated in parts 4 and 5 of Federal Law No. 230.

Communication between the bank and persons specified by the borrower in the contract is possible if certain conditions are met:

When concluding a contract with the bank, the borrower provided written consent for such interaction.
Third parties do not object to calls from the bank.
If the debtor's friends, relatives, and acquaintances express their disagreement, the bank is obliged to stop calling them – this is a requirement of the law. Contact persons listed in the contract can express their disagreement and demand that their number be removed from the database.

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When banks can legally call relatives and friends

The situation changes if the primary borrower, when applying for a loan, specifies a third party as a party to the contract – a co-borrower or guarantor. This happens when taking out loans for large amounts. A close friend or relative can be listed as a guarantor, and spouses act as co-borrowers when taking out a loan for, for example, real estate or a car.

Persons who are a party to the contract, as well as heirs acquiring inherited property, are burdened with the debt. Accordingly, banks have the right to call them and demand payment of the loan. Let's consider the options.

Guarantor
According to Article 323 of the Civil Code of the Russian Federation, a guarantor bears equal responsibility with the primary borrower; in the event that the latter stops paying the loan, the bank has the right to address payment demands to the guarantor. After settling with the credit organization, the person acting as a guarantor has the right to demand the paid amount from the primary borrower, including through court proceedings.

If a guarantor refuses to pay the loan upon the bank's demand, they will ruin their credit history. Information about them will be sent to the Credit History Bureau, and fines and penalties will continue to accrue for each day of delay. If the situation does not change, the bank has the right to collect the debt from the guarantor in court if the primary borrower is absent.

Heir
If a borrower dies before paying off a loan, their debt passes to the persons inheriting their property. This point is spelled out in Article 1175 of the Civil Code of the Russian Federation. In the case where there is one heir, all debts pass to them; if there are several heirs, the debt is divided among all persons in equal parts.

An heir pays the decedent's debt to the bank only within the limits of the amount corresponding to the value of the acquired property. Upon renunciation of the inheritance, the bank cannot make demands on the heir regarding debt payment.

How third parties can stop calls from the bank

In most cases, it is enough for third parties to verbally inform bank employees of their unwillingness to talk, but sometimes even after such a statement, credit organizations continue to bother the person. In the listed cases, third parties have the right to defend their rights and report such violations to the prosecutor's office or the police. Today, you can send a statement via the Internet without leaving your home.

Summing up, we note that representatives of banks and other credit organizations can call third parties only with their consent. If a person reports an unwillingness to interact, calls must be stopped. In the event that verbal communication about an unwillingness to talk does not work, you can defend your rights through the police or the prosecutor's office. However, the described requirements do not apply to persons inheriting debt obligations, guarantors, and co-borrowers. The bank has the right to collect from them the amount provided to the primary borrower.