THE SUPREME COURT RECALLED THE STATUTE OF LIMITATIONS WHEN CLAIMING A LOAN

The Bank filed a lawsuit to recover debt and penalties from a citizen (borrower) under a loan agreement, justifying its claims by improper fulfillment of obligations on the part of the defendant. In addition, the plaintiff asked to foreclose on the collateral (real estate object).

The courts of three instances satisfied the claim, rejecting the defendant's arguments about missing the statute of limitations, since in accordance with the terms of the loan agreement, repayment of the loan and payment of interest are carried out in monthly payments, that is, the statute of limitations must be calculated separately for each payment.

The Supreme Court of the Russian Federation annulled the acts of the lower courts and sent the dispute for a new consideration (Definition of the Supreme Court of the Russian Federation of 04.07.2023 No. 41-KG23-28-K4). The court reminded the lower instances of its position that the statute of limitations on claims for recovery of the principal amount of the debt should be calculated from the moment of non-fulfillment of the bank's demand for early repayment of the entire loan amount.

Taking into account the above, it is impossible to agree with the conclusion of the courts that the limitation period should be calculated for each payment provided for in the contract, since it was made without taking into account the early demand of the loan amount by the bank.