See more
Publication date: 03.03.2025
Roman Pidkovenko is a lawyer in Khmelnytskyi with 4 years of experience. He specializes in credit disputes, mobilization issues, family, and civil law. Provides legal consultations, represents clients in court, and prepares claims and complaints. Assists with divorce cases, mobilization deferrals, and debt collection.
Refusal to Satisfy EAPB Claim – Successful Legal Case
A client sought legal assistance after EAPB filed a lawsuit for debt collection. Such cases require careful analysis of all legal aspects, as financial institutions often make unfounded claims against borrowers. In this case, it was crucial to verify the legality of the bank's demands and identify procedural violations that could work in favor of the client.
After a detailed study of the case, it was revealed that the bank failed to provide key documents to substantiate its claims. This became the foundation for preparing an effective legal defense strategy.
Legal Actions Taken
- Case material and credit agreement analysis.
- Identifying violations by the plaintiff.
- Preparing a response to the claim with legal arguments.
- Representing the client in court.
In such cases, it is essential not only to properly draft legal documents but also to actively defend the client's position during court proceedings. Legal precedents and applicable laws governing debt collection cases were carefully examined.
Key Stages of Work
- Reviewing the case and identifying the lack of sufficient evidence.
- Preparing a response to the lawsuit, justifying the illegality of the claims.
- Court hearings and client representation.
- Issuance of a court decision rejecting the claim.
Each stage of work required meticulous legal reasoning and precision. Any mistake in documentation or weak argumentation could have negatively impacted the court's decision. Therefore, all materials were prepared based on legal norms and judicial practice.
Why This Decision Was Made
Lack of original documents – the plaintiff did not provide sufficient evidence.
Failure to prove legal succession– no confirmation of debt transfer was presented
Legally sound arguments – the court recognized the defense's arguments as valid.
Questions and Answers
Question
What should I do if a bank files a lawsuit for debt collection?
Answer
Consult a lawyer to analyze the case. Many claims contain legal errors that can be used for defense.
Question
Is it possible to legally avoid paying a debt?
Answer
Yes, if the creditor lacks valid evidence or has violated the contract execution procedure.
The court's decision was based on the plaintiff's inability to provide legally significant evidence to support their claims. Such cases often involve errors on the part of creditors, providing borrowers with an opportunity to challenge illegitimate demands in court.
Timely legal consultation helps avoid illegal debt collection. A competent legal approach enabled the client to win the case and protect her rights. If you are in a similar situation and seek professional legal advice.Defending borrowers' rights is a crucial aspect of legal practice. Creditors do not always act within the bounds of the law, making it essential to identify violations and use them to the client's advantage. Seeking assistance from an experienced lawyer can help you avoid unfair debt collection and protect your rights in court.
