Publication date: 01.05.2025
Lawyer with experience working in various structures and formats.
Case summary: recovery of unjustifiably transferred funds.
Responsible lawyer: Tetiana Dmytrivna Kruhliak.
Case details:
The Client contacted our company after signing a contract in September 2022 with a company for services related to selection, purchase, and delivery of a car from Europe. Under the contract, the Client transferred UAH 60,675 to the company’s account as payment for services. However, the company failed to fulfill its obligations — the car was neither selected, purchased, nor delivered, and repeated requests for a refund were ignored by the counterparty.
The Client filed a lawsuit to recover the unjustifiably transferred funds.
Result:
The lawyer prepared a claim for the recovery of UAH 60,675 and UAH 992.40 in court fees. The claim stated that the funds were obtained by the defendant without legal grounds and that the contractual obligations were not fulfilled. The court, after reviewing the materials (as the defendant failed to appear), fully satisfied the claim and awarded the specified amounts in favor of the Client.
Procedure for recovering unjustifiably transferred funds
The recovery of funds obtained without legal grounds is regulated by Article 1212 of the Civil Code of Ukraine, which provides for the obligation to return property or money received without sufficient legal basis.
Article 1212. Grounds for obligations arising from acquisition, retention of property without sufficient legal grounds
A person who has acquired or retained property without sufficient legal grounds must return this property to the injured party.
If the property acquired or retained cannot be returned in kind, the liable party must reimburse its value.
The provisions of this chapter apply unless other consequences of acquiring or retaining property without sufficient legal grounds are established by a contract or law.
Main stages:
- Preparation of evidence base.
Collecting the contract, payment documents, correspondence, complaints, and requests to the counterparty.
- Drafting and filing the claim.
Preparing the claim in accordance with the Civil Procedure Code of Ukraine, specifying the facts, legal grounds, and amount to be recovered.
- Payment of court fees.
Paying the court fee and attaching the payment confirmation to the claim.
- Court hearing.
The court reviews the case with the parties present or based on the available materials if the defendant is absent.
- Obtaining and enforcing the judgment.
The court issues a writ of execution, which is forwarded to the state enforcement service for compulsory recovery.
Lawyer’s work stages
- Document analysis:
The lawyer analyzed the contract, payment documents, and correspondence, and defined the legal position.
- Claim preparation:
A claim was drafted with reasoning and calculation of the amount.
- Filing the claim:
The claim was filed with the court in compliance with all procedural requirements.
- Court representation:
Despite the defendant’s absence, the lawyer prepared all necessary materials, enabling the court to make a positive decision.
- Receiving the judgment:
The court upheld the claim and ruled to recover the funds and court fee.
Thanks to the professional work of lawyer Tetiana Dmytrivna Kruhliak, the Client was able to recover the funds paid for undelivered services. This case is an example of effective consumer rights protection and shows that even in cases of unfair counterparty behavior, justice can be achieved through court.
If you find yourself in a similar situation, contact our legal team — we will help protect your interests!
