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Publication date: 28.05.2024
Introduction
Debt collection is an urgent problem for many citizens and businesses in Ukraine. The debt recovery process can be complex and lengthy, requiring knowledge of the law and the right approach. In this article, we will consider the key aspects of executive proceedings on debt collection, the procedure for filing claims and enforcement of court decisions.
Debt enforcement proceedings
Enforcement proceedings on debt collection begin after receiving a court decision on debt collection. The enforcement service ensures the implementation of this decision by taking coercive measures against the debtor. An important aspect is the correct design of the executive document, which is submitted to the executive service.
Debt collection procedure by executive service
The procedure for debt collection by the executive service includes several stages:
Obtaining an executive document: After receiving a court decision, it is necessary to apply to the court to receive an executive letter or order.
Filing an application to the executive service: The executive document is submitted together with the application to the executive service at the debtor's place of residence or location.
Opening of enforcement proceedings: The enforcement service opens enforcement proceedings and notifies the debtor of the commencement of enforcement actions.
Coercive measures: The enforcement service has the right to seize the debtor's property, his accounts, and also take other coercive measures to enforce the court's decision.
Debt collection claim
Filing a debt collection lawsuit is the first step in the debt recovery process. It must contain all the necessary data, including the amount of the debt, the reasons for its occurrence and evidence confirming the existence of the debt.
Forced debt collection under a credit agreement
Forced collection of debt under a credit agreement occurs in case of non-fulfillment of the debtor's obligations under the agreement. This may include filing a lawsuit and subsequent enforcement proceedings.
Debt collection for utility services without a contract
Debt collection for utility services without a contract is possible by applying to court. For this, it is necessary to prepare a statement of claim, in which the services provided are described in detail and the debt is confirmed.
Statement of claim for the cancellation of the debt for communal services
A claim for the cancellation of a debt for communal services is submitted in cases where the debtor does not agree with the accrued amount of the debt. In such a statement, it is necessary to provide arguments and evidence that confirm the illegality of the demands of the utility company.
Debt collection by receipt
Debt collection by receipt is a common practice, especially in cases where the borrower does not fulfill his obligations. The receipt is proof of the existence of the debt, which can be used in court to collect the debt.
Court decision on loan debt collection
The court's decision on debt collection is binding on the debtor. If the decision is not implemented voluntarily, it is transferred to the executive service for enforcement.
Forced collection of debt by the enforcement service
Forcible debt collection by the executive service includes the use of various measures of influence on the debtor, such as seizing property, blocking accounts, restricting travel abroad, and others.
How to record debt collection through the court
The reflection in the accounting of debt collection through the court has its own characteristics. After receiving the court decision, the company must make appropriate entries in the accounting documentation, taking into account the amount of the debt and the costs of court procedures.
Conclusion
Debt collection is a complex process that requires knowledge of the law and a professional approach. From the filing of a claim to the enforcement of a court decision, each stage has its own characteristics and requirements. Contacting professional lawyers will allow you to avoid mistakes and ensure successful debt collection.
If you are faced with the problem of debt collection, do not delay - contact qualified lawyers who will help you at all stages of this process. Your financial stability and legal protection depend on the right approach and timely actions.
