Debt collection from military personnel

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Borevych Mariia

Lawyer

Ukraine / Kyiv

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Publication date: 04.11.2024

I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.

Debt collection is a legal procedure by which a creditor or an authorized institution demands the return of a debt from a debtor who has not fulfilled his financial obligations. This procedure can be used for various types of debt: loans, fines, utility payments, alimony, etc. The collection process can take place both voluntarily and forcibly - through the court or executive service. Debt collection from military personnel is carried out in accordance with the law, and this process has its own peculiarities, taking into account the status of the debtor.

Here are the main ones:

1. Payroll Deduction Limits: By law, a limited amount of debt can be deducted from military personnel's income to provide them with a minimum subsistence level. The maximum amount of deductions, as a rule, is up to 50% of earnings, and in some cases - up to 70%, but with mandatory compliance with the conditions regarding the remaining amount.
2. Ability to defer or defer payments: active-duty military personnel may apply for deferment or deferral of debt payments if they are in a combat zone or in connection with undergoing treatment or rehabilitation. In such cases, the enforcement service or the court can meet and temporarily suspend debt collection.
3. Protection of essential sources of income: Some categories of military income are exempt from tax, such as compensation for injuries or other benefits provided during the course of service. A lawyer can help defend the rights to protect such payments in executive bodies.
4. Specifics regarding asset forfeiture: If a service member has a single residence or vehicle used for duty, such assets may be protected from forfeiture. This is especially important for maintaining a minimum level of living conditions for servicemen and their families.
5. Protection of accounts and property during mobilization or service abroad: servicemen who are on mobilization or performing official duties outside of Ukraine may apply to the executive authorities for a temporary suspension of executive proceedings for the period of service.

The main aspects of debt collection from military personnel:

• Collection procedure: as for other categories of citizens, debt collection from military personnel is based on a court decision or an executive document. If the serviceman has not fulfilled his obligations (for example, has not repaid the loan or other debts), the creditor can apply to the court to obtain a court decision on debt collection. After receiving a court decision, the state executive service or a private executor deals with collection. In the case of military personnel, performers may face certain restrictions.
• Features of deductions from a serviceman's salary: Debt deductions can be made from a serviceman's salary, but the law sets limits on the amount of such deductions. Usually, no more than 50% of a serviceman's salary can be deducted, and in certain situations this amount is limited to 20-30%.
• Protection from collection during the performance of official duties: For servicemen participating in hostilities, the law may provide additional guarantees regarding protection from collection, and in some cases, a temporary suspension of debt collection is possible. A deferral of debt obligations may also be considered if the serviceman is in a combat zone or undergoing treatment.
• Enforcement proceedings and seizure of property: if a serviceman has property, then his assets may be seized as part of enforcement proceedings. However, restrictions on seizure may apply to property required for military service. If necessary, the seizure may be lifted through a court order or by reaching an agreement with the creditor.

A military lawyer can provide defense in court, help arrange a deferment for repayment of debt, or appeal against wrongful foreclosure. He can also assist in negotiations with the creditor to change payment terms or enter into a debt restructuring agreement and can provide important support to the military member during debt collection, helping to protect his rights, challenge wrongdoing and ensure that the matter is resolved as fairly and reasonably as possible. Here is exactly how a lawyer can help a serviceman in debt collection:

1. Consultation on the rights and obligations of a serviceman: the lawyer explains what rights a serviceman has when collecting debts and what are the limitations on deductions from his income. For example, there are statutory limits on the maximum amount of payroll deductions, which can be important in cases of large debt.
2. Analysis of the validity of claims and protection against wrongful collection: the lawyer checks the legitimacy of the creditor's claims, as well as the compliance of the documents provided for debt collection. It can help identify possible errors or abuses on the part of executive authorities and prevent wrongful collection of funds.
3. Appealing court decisions and actions of executors: if there are grounds to appeal the court decision, the lawyer files an appeal or a motion to review the decision. In case of illegal actions of the executor (for example, seizure of property or accounts without proper justification), the lawyer can file a complaint with the relevant authorities.
4. Development of a debt restructuring plan: if the debt is significant, a lawyer can help conclude an agreement with the creditor on debt restructuring — to develop terms for repayment of the debt in more convenient terms or with reduced monthly payments.
5. Deferral or reduction of payments: Members of the military who are in a combat zone or receiving medical treatment may request a deferral or reduction of deductions. A lawyer will help prepare the necessary documents and submit them to the executive authorities to obtain a deferment.

Legal support of a lawyer will help not only to cope with the debt collection procedure, but also to ensure proper protection of the rights of a serviceman, even in difficult situations.

Advantages of contacting a lawyer for servicemen with debts to the legal service "Consultant":

correct preparation of documents for postponement or reduction of monthly payments;

protection of rights in case of seizure of property or levying of salary;

professional assistance in cases where a serviceman has valid reasons for temporary suspension of payments.