Publication date: 29.04.2024
Лоер
Debt collection procedure by executive service.
Debt enforcement proceedings are an integral part of the modern legal system that ensures the fulfillment of obligations. In the event of debt obligations, the enforcement service's use of debt collection measures under the credit agreement becomes a necessary tool to protect the rights of creditors and ensure compliance with the legal interests of the parties.
The process begins with a debt collection lawsuit filed by the creditor in a court of competent jurisdiction. This document contains the grounds and evidence of the existence of the debt, as well as the requirements for its collection. After the court makes a decision on debt collection, the executive service begins to take measures to enforce debt collection under the credit agreement.
The purpose of the executive service is to effectively and promptly collect the debt, while observing the procedures established by law and the rights of the debtor.
The procedure for debt collection by the executive service involves a number of stages and mechanisms, including:
Determination of the debtor's property:
The enforcement service conducts an analysis of the debtor's property situation and determines the objects that may be subject to arrest or other enforcement.
Enforcement of court decision:
The enforcement service takes measures to enforce the court decision, including seizing the debtor's property, blocking bank accounts, and other measures provided for by law.
Mechanisms of debt collection from payers with the help of state executors.The process of debt collection from payers through state executors is an important stage in ensuring the fulfillment of legal obligations.
In the event that the debtor is a legal entity, the state executor applies to the funds that are in the accounts of this person in banks or other financial institutions, in accordance with the established legislation of Ukraine regarding enforcement proceedings. The executor receives information about the debtor's existing accounts from tax and other state authorities, enterprises and organizations, which are obliged to provide it immediately, but no later than within three working days, as well as upon notification of the debt collector.
The executor has the right to apply to the funds on the debtor's accounts through his branches, representative offices and other separate units. In the event that, after imposing a seizure on the debtor's funds in banks or other financial institutions, the debtor tries to evade the execution of the court decision and opens new accounts, the executor shall notify the relevant law enforcement authorities of this in order to bring the guilty parties to criminal liability.
In the event that there is not a sufficient amount on the debtor's accounts to cover the debt, foreclosure may be made against other property owned by or secured by the debtor, including property located on a separate balance sheet of a branch, representative office or other separate subdivision of the debtor (with the exception of property that removed from civil circulation or restricted in circulation, or which cannot be levied), regardless of who actually uses such property.In case of collection from funds and other property of natural persons - entrepreneurs, the rules defined by the legislation of Ukraine regarding executive proceedings shall be applied.
It is important to note that funds held in accounts with a special mode of use and other accounts that are prohibited by law from being garnished are not subject to seizure. Banks, other financial institutions, as well as the State Treasury Service of Ukraine, in the case of receiving a decision of the executor to seize funds on such accounts, are obliged to notify the executor of the purpose of the account and return the decision of the executor without execution in terms of the seizure of funds on such accounts (according to Article 52 of the Law of Ukraine "On Executive Proceedings").
Realization of the debtor's property:
In the event of impossibility of enforcement of the court decision and seizure of the debtor's property, the enforcement service may start its implementation to repay the debt.
Control over the execution of the court decision: The executive service carries out constant control over the process of execution of the court decision and takes the necessary measures to ensure its effectiveness.
For successful debt collection, it is necessary to strictly follow the established order and procedures provided by the law. At the same time, it is necessary to take into account the rights and legitimate interests of all parties, ensuring justice and compliance with the principles of the rule of law.
In conclusion, debt collection by the executive service is an important element of the legal system that ensures the fulfillment of obligations and protection of the rights of creditors. Adherence to established procedures and rules is a key condition for effective and fair debt collection.
