Can the Court of loan to go without the defendant

If the bank filed a lawsuit and is seeking to recover the unpaid loan to the borrower, the defendant (the borrower) must be notified prior to the first meeting. Notification of the defendant - it is the duty of the court; period of notice and other details are described in detail in the Code of Civil Procedure of the Russian Federation, but in practice not all legal requirements are met. Even if the court will send timely agenda, failure can occur during delivery by mail. There are cases, such as when the agenda reaches the addressee only a few months after the completion of the trial.

Quite often, the cause of non-agenda is a confusion with the address. Typical sources of problems - discrepancy between the address of the actual residence address registration, change of address registration, etc. Given the high load none of the court staff will not check the relevance of the borrower's address, which was granted by the bank (for example, an address can be specified on a copy of the credit agreement, attached to the suit). In short, the borrower does not need to be hoped that it will certainly be informed of the beginning of the trial.


If you do not know about the upcoming process (or if you ignore the resulting agenda), the Court of the loan will take place without your participation. From the point of view of the law, the court without the presence of the defendant - this is perfectly normal and does not contradict anything. In the same way as an ordinary court of debt on the loan, the process will consist of 3-4 sessions over several months. If the defendant does not appear, one or two times it may be grounds for postponement, but the final result will not be affected - the court will make a decision anyway.