The court in the Volgograd region rejected the claim to the heirs of the deceased debtor

Frolovsk city court considered the claim of an individual entrepreneur to the heirs of the deceased borrower. The creditor demanded to recover from five children of the debtor, including minors, more than 270 thousand rubles – interest and penalty on the loan issued in 2014.

As follows from the materials of the case, in 2014, the woman concluded a loan agreement with the bank. In 2017, on the basis of a court order, a debt of 118,102 rubles was recovered from it. In February 2018, the debtor died. In 2025-2026, the right to claim this debt through the chain of assignment contracts passed to the IP.

The new creditor filed a lawsuit against the heirs. However, the defendants claimed to have missed the limitation period.

The court found that the enforcement proceedings against the woman were completed in June 2018 due to the impossibility of recovery and subsequently destroyed. The three-year deadline for submitting the executive document for execution expired in June 2021. At the same time, the first claimant did not present the writ of execution again and did not take measures to protect his rights. In turn, the IP at the conclusion of the contract of assignment was not convinced of the existence of a valid right to present the writ of execution and did not provide the court with evidence of this.

Since the deadline for the main claim is missed, the limitation period for the claim and for additional requirements - interest and penalty has expired. There were no requests for reinstatement, so the court found the claims unfounded.

The decision of the Frolovsk city court in satisfying the claims of the IP to the heirs of the deceased debtor was denied in full. The decision has not entered into legal force.