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Publication date: 30.04.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Blocking funds on debtors' bank accounts is one of the methods of ensuring the fulfillment of obligations and rights of creditors. This procedure has a legal basis and is performed in accordance with current legislation. In this article, we will consider the legal norms related to the blocking of funds, as well as the importance of conducting a legal analysis of documents, agreements and contracts in the process of working with debtors.
Legal norms regarding the blocking of funds
Blocking of funds on the debtors' bank accounts takes place on the basis of a court decision or on the basis of a notary's writ of execution. These measures are used to ensure the fulfillment of debtors' obligations to creditors.
According to the Civil Code of Ukraine and the Law of Ukraine "On Enforcement Proceedings", the creditor can apply to the court with a claim to recover the debt from the debtor. If the court approves the claim, it issues a decision, which may include blocking funds in the debtor's bank accounts to ensure the execution of the decision.
In addition, the notary can issue an executive writ if the debtor's obligation to the creditor is indisputable. The executive inscription of the notary can also be the basis for blocking the funds on the debtor's accounts.
Legal analysis of documents and contracts
In the context of blocking funds on debtors' bank accounts, it is important to conduct a qualitative analysis of documents, agreements and contracts that relate to the debtor's obligations to the creditor.
Analysis of documents by a lawyer: A lawyer conducts a detailed analysis of documents confirming the existence of debt, for example, contracts, receipts, payment documents, etc.This analysis makes it possible to determine the validity of the creditor's claims and the legality of the blocking of funds.
Analysis of contracts by a lawyer: Analysis of the contracts on the basis of which the debtor's obligations arose is a key step in determining the legality of the blocking of funds. The lawyer checks whether the contracts meet the requirements of the law, whether they are correctly concluded and whether they contain all the necessary conditions.
Legal analysis of the contract: If the debtor's obligations to the creditor arise from a contract, it is important to conduct a legal analysis of the contract. A lawyer checks the terms of the contract for their legality and applicability in case of disputes.
Fund blocking procedure
After the court decision or the notary's executive writ is issued, the creditor applies to the executive service with a request to execute the decision. The enforcement service sends an appropriate message to the bank where the debtor's account is opened on the need to freeze funds.
The bank has relevant legal obligations to fulfill the order of the executive service and block the funds on the debtor's account. This may include all funds in the account or a specific amount determined by a court order or writ of execution.
Conclusion
Blocking funds on debtors' bank accounts is an important tool for ensuring the fulfillment of debtors' obligations to creditors. This procedure has its own legal basis and is subject to current legislation.
However, in order for the blocking of funds to be legal and effective, it is important to conduct a detailed analysis of documents, agreements and contracts by a lawyer.Legal analysis of documents and contracts allows you to determine the legality of the creditor's actions and ensure the effective performance of the debtors' obligations.
