Позовна заява про стягнення заборгованості

Claim for debt collection

Debt collection is perhaps the most common category of court cases. The number of debts in 2022 among the population increased by more than one million. Such a number of cases of debts is due to a significant deterioration in the financial situation of Ukrainians as a result of the war.

Many have suffered a deterioration in solvency on debt obligations due to communication problems both with banking institutions, and due to the direct impossibility of fully fulfilling obligations under loan agreements with legal entities and individuals.

There are many ways to resolve debt repayment disputes out of court. In particular, this includes an agreement to defer payment of a debt obligation (appointment of credit holidays, debt restructuring), drafting and sending a claim to the debtor, negotiations between the debtor and the lender.

If it is necessary to draw up an individual statement of claim for debt collection, we recommend using the Consultant legal services service to order a turnkey document.

In what situations is it necessary to file a claim for debt collection?

Our experts recommend conducting a preliminary analysis of your situation in terms of existing risks and ways out of the situation. After all, the resolution of disputes on the fulfillment of debt obligations is also possible out of court.

Before drawing up a statement of claim, we recommend using our sample letter of claim to the debtor, using the template of our agreement on deferred payment of debt contributions, contacting a professional debt expert to negotiate between the lender and the debtor.

If the above steps did not bring useful results, we believe that the solution for the return of funds from the debtor is precisely the preparation of a claim for debt collection. Like any procedural document, a statement of claim requires special attention, and the further consideration of the case in court will depend on the quality of its preparation.

Our experts will help you file a claim based on your situation. To do this, a preliminary analysis of documents will be carried out: IOU, loan agreement, loan agreement, etc. Based on the analysis and your wishes, our lawyers will properly formulate the claims and better outline the plot and describe the grounds on which you are entitled to a refund of debt relations with the debtor.

Claim for debt collection: what to look for?

In order for your claim to have more success when it is considered by a judge, it is necessary to have proper documentary support for your legal position. In particular, we emphasize that in most situations it is possible to draw up an IOU.

A debt receipt can be drawn up at the time of transfer of funds from the lender to the borrower, as well as at the time of repayment of borrowed funds in part or in full. After all, only a well-written receipt can testify to the very fact of the transfer of funds, when contracts, agreements rather regulate the procedure for loans, credits, repayments, etc.

Above mentioned and the claim to the debtor. Having a letter of demand will definitely strengthen your position in court, so that you can fend off your own attempts to resolve the dispute out of court. On the other hand, it will also indicate to the court the unwillingness of the debtor to fulfill debt obligations properly.

The structure of the claim for debt collection is quite simple, but there is a complication in terms of referring to the current legal framework. This complication exists due to the large amount of rules that directly regulate the procedure for the return of funds. Therefore, we recommend that you familiarize yourself with the regulatory framework in advance for correct references in the statement of claim.

If you need to analyze a claim for debt collection or develop an individual document, we suggest using our legal services Consultant. Our experts will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.

Debtor claim template

The best lawyers in the field of debt obligations are already ready to provide the appropriate advice! We offer high quality services with comfortable service.

It has become much easier to purchase a sample statement of claim for the recovery of owed funds! You can upload a document in a few simple steps:

Download the mobile application "Consultant";

After a short registration, you can find the required document in the "Documents" section;

By clicking the "Buy Template" button, you will immediately receive a link to download the document.

Our team cares about each client, so in case of problems, we will promptly help in resolving your issue!