Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
The Ministry of Justice of Ukraine told how to find a debtor to receive alimony.
If the debtor lives abroad, disputes regarding the obligation to pay alimony are regulated by international treaties of Ukraine and the Law of Ukraine "On International Private Law".
If the debtor lives in the territory of another country, the debt collector has the right to apply for the recognition of the debt and the granting of permission for its execution by the local authority of this country under an official agreement between the countries. If there is no formal agreement, on the basis of reciprocity, the debt is considered legal. In the request, the manager must indicate the address of the debtor or the territory where he is located.
If the exact place of residence of debtors abroad is unknown:
Without this information, the debt collector is deprived of the opportunity to request from the court of Ukraine permission to enforce the decision of the court of a foreign state on the territory of Ukraine.
Information about the debtor's address can be obtained only during the consideration of a court case by a power of attorney drawn up by the court in accordance with the requirements of an international treaty, and in the absence of a court case - in accordance with the requirements of the second - fourth part of Article 499 of the Civil Code of Ukraine.
In addition, the provisions of the 2007 Convention on International Recovery of Child Support and Other Forms of Family Support, which entered into force on November 1, 2013, allow obtaining information without a court order.
This Convention is shared with 49 member states and gives a central authority the power to assist in locating a debt or credit.
The Explanatory Note to the Convention on the International Recovery of Child Maintenance and Other Kinds of Family Support describes the assistance that is available in the place specified in Article 10 of the Convention when the debtor or creditor is known or expected to be in the requested State or before sending the application, when it is necessary to determine , whether the debtor or the creditor is in the requested state.
In this regard, an interested person who does not know the place of residence of the debtor abroad has the right, in accordance with the Convention, to apply to the relevant authority in the country of origin of the contract, which will lead to the establishment of the place of residence of the debtor. , the ministry concluded.
What should be stated in the application and where should it be sent?
When inquiring about the location of the debt, the interested person writes to the address of the relevant authority in the requested state in the requested language:
- - the name of the debt, the name and surname of the creditor and the name of the beneficiary.
- - profile data of the debtor and any other relevant information that will help to find the debtor (identification number of the debtor, telephone number, address and telephone number of the employer, etc.).
The application is submitted to the Ministry of Justice of Ukraine directly or through its territorial organizations - interregional offices. The Ministry of Justice of Ukraine forwards this proposal to the central body of the associated state regarding the Convention for its further evaluation.
In the future, the information received by the Ministry of Justice of Ukraine from the main body of the state party to the Convention will be brought to the attention of the appointed person.
Specialists of the Legal Service "Consultant" will help to collect the necessary documents and assist in solving issues related to the collection of alimony from military personnel, the collection of alimony lawyer, alimony lawyer consultation, voluntary payment of alimony, alimony for an adult child, termination of the collection of alimony, cost of alimony lawyer services, and many other issues arising in family legal relations. and will also provide professional advice arising in similar situations. ( alimony lawyer assistance, alimony lawyer consultation kiev, alimony lawyer kiev, legal alimony advice, )
