Publication date: 25.01.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
In Ukraine, you can get a debt against a receipt in the form of a notarized receipt or without it. In both cases, it is important to follow the rules established by law.
Without a notarized receipt:
Agreement: The lender and the borrower agree on the terms of the loan, such as the amount, maturity, interest rate, and other terms.
Conclusion of a written agreement: It is recommended to conclude a written agreement in which the terms of the loan are clearly defined.
Signing the receipt: The debtor draws up a receipt in which he records the fact of receiving the money and undertakes to return it within the specified period. The creditor and the debtor sign this document.
With a notarized receipt:
Appeal to the notary: Both parties come to the notary to sign the loan agreement.
Notary's testimony:
- The notary generalizes the agreement, certifies the signatures of the parties and issues a notary receipt.
- This document has the highest legal force.
- It is mandatory to indicate in the receipt such elements as the amount of the loan, the repayment period, the interest rate (if provided), the individual data of the parties, as well as the conditions for returning the money.
An example of a receipt text may look something like this:
"I, [Name and surname of the debtor], received from [Name and surname of the creditor] an amount in the amount of [amount] hryvnias for use in accordance with the terms of our agreement. I undertake to return the specified amount no later than [ maturity date]. Pursuant to the agreement, I agree to pay interest at [interest rate], if provided."
It is important to keep in mind that before issuing money under a receipt, it is recommended to consult a lawyer in order to avoid possible legal complications and to make sure that the terms of the agreement are correct.
Sanctions for non-observance of the receipt may be regulated by the civil legislation of the country, as well as determined by specific conditions set out in the receipt itself or the loan agreement.
You can collect the debt on the receipt as follows:
Repayment of debt with interest: Usually, if the debtor does not return the borrowed funds on time, a penalty or interest may be imposed for each day of delay.
Claiming the amount back in court: The creditor can file a lawsuit in court to recover the debt, and the court can rule in favor of the creditor.
Possible confiscation of property: The court can decide to confiscate the debtor's property to satisfy the debt.
Prohibition of travel abroad: The court can establish a ban on the debtor's travel abroad until the debt is fully repaid.
Other sanctions provided for in the agreement: If the agreement or receipt provides for specific sanctions for non-fulfillment of the conditions, then they should be observed.
It is important to note that sanctions for non-fulfillment of the receipt must be legal and not contradict established laws and regulations. The resolution of the dispute may depend on the circumstances of the specific case and the terms of the agreement. If the parties cannot reach an agreement, the case may be referred to the court.
In order to achieve the return of the debt on the receipt, you must:
Write a written request:
Send a written request to the debtor demanding repayment of the debt. In the specified letter, indicate the amount of the debt, terms and other conditions in accordance with the agreement.
Use mail services with confirmation of receipt:
Send letters by registered mail or using other services with confirmation of receipt.
Keep all documents:
Keep copies of all letters, messages and other documents you use to support your claim.
Consult a lawyer:
Contact a lawyer to get help with debt recovery and legal support. A lawyer can help you understand your rights, advise you on the best approach and handle the legal side of things.
Threats of legal action:
If written requests do not lead to results, you can consider filing a lawsuit. It is important to consider that the legal process may require time and money.
The possibility of using other measures:
Depending on the circumstances, you may consider other options, such as using the services of collection agencies or debt restructuring arrangements.
Coordination of alternative options:
If the debtor is able to repay the debt, but not on time, it may be worth considering alternative options, such as debt restructuring or deferred payments.
It is always important to act within the limits of current legislation and keep documentation for a possible future resolution of the situation in court.
