Recently, the national banking system is experiencing some difficulties with the return of overdue receivables. In this regard, in research discusses certain specific methods which are used by unscrupulous debtors to evade obligations to return the loan funds. Omissions in legislation allowing to apply these methods in practice are quite a serious problem for the stability of both a single bank and for the stability of the entire credit system of the Russian Federation. The author analyzed the current state of the overdue debt market.Some assumptions in the legislation that lead to the emergence of favorable circumstances for the application of such methods are identified. In this regard, the author proposed changes that need to be made to legislation on enforcement proceedings to eliminate the problem.