Publication date: 26.05.2025
Graduated from Yaroslav Mudryi National Law University in 2015 with a Master of Laws degree. From 2015 to 2023, worked as a legal counsel at a private law firm, specializing in commercial, administrative, and civil cases. Currently (2024–2025) in the process of obtaining a license to practice law as an attorney. Also completed training and internship to qualify as an insolvency practitioner (arbitration manager).
Debt Recovery under a Public Offer Agreement: Legal Case by Attorney Alina Rachkovska
In this case, attorney Alina Rachkovska represented an entrepreneur who faced a buyer’s refusal to fulfill financial obligations under a contract. Despite the buyer receiving the goods and a formal written demand for payment, no further action was taken by the buyer. The dispute became an example of successful enforcement of civil law in the context of online sales, where a public offer, a phone order, delivery documents, and the buyer’s silence played a key role in proving the contract and the debt.
Parties to the Case
Plaintiff: Sole proprietor (FOP) OSOBA_1 — a business owner specializing in sports equipment sales
Defendant: OSOBA_2 — an individual who ordered goods but failed to pay the full price
Dispute Overview
1. Nature of Legal Relations
- On August 28, 2018, the parties agreed on the purchase of 3 fitness poles and 3 accessories for a total of UAH 9,150
- The order was placed via a public offer on the seller’s website and confirmed by phone
- An advance payment of UAH 900 was made by the defendant
- The remaining UAH 8,250 was not paid after delivery via Nova Poshta on August 30, 2018
- A formal written demand was delivered to the buyer, but no response or payment followed
Plaintiff's Legal Position
2. Legal Arguments of the Plaintiff
- The agreement was valid as a public offer, accepted by the buyer through a phone order
- Delivery and acceptance were confirmed by waybill and recipient’s signature
- The defendant never denied receiving the goods and provided no explanation for non-payment
- Documents such as invoices, the delivery note, and the payment demand were sufficient for court review
Court’s Assessment
3. Court Findings and Reasoning
- The court recognized the contract as valid based on acceptance of a public offer
- Full delivery and proper fulfillment by the plaintiff were confirmed
- The defendant’s failure to pay was deemed a breach of contract
- A default judgment was issued due to the defendant's failure to appear at two scheduled hearings
Case Outcome
- The court ruled in favor of the plaintiff in full
- The defendant was ordered to pay:
- UAH 8,250 as the outstanding debt
- UAH 704.80 in court fees
- The judgment is subject to enforcement under general procedures
Frequently Asked Questions
Question
Can a verbal or online order be legally binding?
Answer
Yes. Ukrainian law allows contracts to be concluded through acceptance of a public offer — including phone confirmation or online ordering.
Question
What should a seller do if the buyer receives goods but refuses to pay?
Answer
You should collect all documents — order confirmation, invoices, delivery receipts, and demands — and file a lawsuit for debt recovery. Legal support is highly recommended.
Legal Conclusion
This case is a strong example of how attorney Alina Rachkovska effectively defended a business owner’s contractual rights in a civil dispute. The court acknowledged the existence of contractual obligations and the buyer’s breach, despite the absence of a formal written agreement.
The ruling reinforces the legal validity of distance contracts made via online platforms and phone, and it confirms that sellers can successfully protect their interests with proper documentation. Prompt legal action and attention to detail in customer communication are key in such cases.
