What do you need to know about securing a claim?
Securing a claim is considered a set of actions to prevent the complication of a court decision, to protect or restore violated rights, etc.
Such measures usually involve the imposition of certain encumbrances, restrictions on property or certain actions of a party to the case. Thus, the plaintiff can ensure the progress and speed of the case.
In particular, it should be taken into account that the norm of the Code of Civil Procedure does not provide a complete list of types of measures to secure a claim, but refers to others approved by the Verkhovna Rada of Ukraine. However, it should also be remembered that the court may apply several measures to secure a claim simultaneously, if such measures can be considered appropriate and proportionate to the stated requirements.
If it is necessary to draw up an individual application for securing a claim, we recommend using the legal services of the Consultant to order a turnkey document.
What measures to secure a claim can be applied?
As we mentioned above, the Civil Procedure Code of Ukraine does not provide an exhaustive list of such measures, but we suggest considering the proposed ones:
seizure of property or funds belonging to or subject to transfer or payment to the defendant and located by him or other persons;
seizure of the assets that are the subject of the dispute, or other assets of the defendant, corresponding to their value, in cases of recognition of assets as unfounded and their recovery in state revenue;
prohibition to perform certain actions;
establishing the obligation to perform certain actions if the dispute arose from a family legal relationship;
forbidding others to act on the subject matter of the dispute or make payments, or transfer property to the defendant or perform other obligations thereon;
stopping the sale of the seized property, if a claim is filed to recognize the ownership of this property and to remove the arrest from it;
stop recovery from the executive document, which is appealed by the debtor in the manner;
stop customs clearance of goods or items.
Such actions can greatly facilitate the consideration of a debt collection lawsuit, because securing a claim reduces the risk of an unfavorable court decision or a delay in the trial, etc.
However, our experts recommend contacting lawyers before making such a statement. Compiling an application on your own cannot guarantee success when lawyers can best determine the necessary measure of security.
Our experts will help you prepare a claim for securing a claim based on your situation. To do this, a preliminary analysis of the available documents will be carried out. Based on the analysis of the situation, documents and your wishes, our lawyers will properly formulate a general legal opinion, give high-quality recommendations and draw up an appropriate application.
Features of securing a claim in civil and economic proceedings
In the economic process, the list of measures to secure a claim is exhaustive, although also with reference to other legal documents. The purpose and definition of securing a claim is the same. After all, first of all, securing a claim is provided to ensure the proper execution of a court decision.
At the same time, applications for securing claims are not quite common among judicial practice, and sometimes people still use this opportunity. Often, legal entities can apply for securing a claim, whose debt collection dispute reaches fairly high amounts, and the risk of not receiving funds from the debtor is quite high.
It should also be noted that filing an application for securing a claim requires the payment of a court fee, which is different for both civil and economic proceedings.
If you need to analyze an application for securing a claim 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.
Securing Claim Template
The best lawyers in the field of civil and economic litigation are ready to provide appropriate advice! We offer high quality services with comfortable service.
It has become much easier to purchase a sample application for consideration of a court case without the participation of a party! 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.
