Complex analysis of the situation, preparation of the legal position. Signing an agreement with the lawyer for further cooperation.
Collect the debt on receipt/contract
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Publication date: 24.07.2022
Reading time: 8 minutes
Number of views: 145
№
Stage
Term (days)
Cost
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1
Formation of a legal position3 UAH 2,280.00
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2
Preparing case files7 UAH 2,280.00
The lawyer analyses the case law, the legislation in force and drafts the case before the civil or economic court, depending on the legal position previously established. If possible, the lawyer appeals to the notary for the execution of the inscription (in this case, immediately move to the 4th stage).
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3
Receiving court decision90 UAH 5,130.00
The lawyer and the client verify that there are exemptions from the court fee. The lawyer, by agreement with the client, sends the generated receipt for payment of the court fee to the bank or sends the electronic form for payment of the court fee online. After payment, the client sends a receipt to the lawyer for payment.
The lawyer sends the claim to the court and represents the client’s interests in court for the purpose of debt recovery. The maximum number of visits related to the representation of the client’s interests in court is 5, each subsequent visit is additionally paid.
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4
Recourse to executive service7 UAH 1,140.00
The lawyer submits an application to the executive service to open enforcement proceedings for the enforcement of the court decision.
In general
107
UAH 10,830.00
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How to collect a debt by receipt
Current legislation supports two documents confirming the fact of transferring money from one person to another. These include a loan agreement or a handwritten receipt.
Debt repayment by receipt: what the law says
In order to foresee in advance the timely return of the debt under the receipt or loan agreement, the creditor must understand that these two documents have common features and differences. The receipt can record the very fact of the transfer of funds, and the contract can prescribe in more detail the terms of the relationship between the creditor and the borrower. The terms and obligations of each of the parties can be defined here. Despite the fact that the receipt has the same legal force as the contract, it is drawn up in a more simplified version, at the request of the parties, it can also include:
● Terms and conditions of debt repayment.
● Estimated interest and period of use of funds.
● Surname, first name and patronymic, passport data, date of birth and address of residence, registration of the borrower, the exact amount of the debt, which is written in letters and numbers, are mandatory.
● The date of its preparation is also indicated in the document.
How to get a debt against a receipt: the creditor's procedure
Practice shows that collecting money from a debtor by receipt is quite a frequent phenomenon. If a situation arose when the debtor does not want to return the funds, this is not a reason to despair and forget about your money. The most rational step would be to contact a lawyer who has specialized work experience. First, the specialist will explain to the client that the receipt has its own legal force, even if it is not certified by a notary. In addition, before proceeding to extreme measures and applying for debt collection in court, the creditor needs to draw up a competent letter of claim, where the borrower is offered to voluntarily return the debt within a week, 7 days or a month, 30 days. The lawyer provides assistance in competently drafting the letter. If it is not possible to get the debt on the receipt by peaceful means, you need to prepare a statement of claim to the court.
Debt collection by promissory note: the main points
Compensation. It can be demanded from the debtor in the amount of 3% per annum of the amount, while the inflation index can be taken into account, but if the debt was given in the national currency of Ukraine, that is, the hryvnia. Compensation of 3% is provided for by Article 695 of the Civil Code of Ukraine.
The expiration date of the receipt. According to the current legislation, the collection of a debt on a promissory note has a statute of limitations, it is equal to 3 years, but in the event that the period for the return of funds is specified in the document. If the document does not contain an exact date of return, the debt is returned at the first demand of the creditor within a maximum period of 30 days from the moment of receipt of the claim letter.
Court fee. If the creditor goes to court with a lawsuit to collect the debt on the receipt, when submitting the application, he must pay 1% of the total amount of the debt. Subsequently, all court costs are charged to the debtor.
How does a lawyer act to collect a debt on a receipt
First of all, an experienced lawyer concludes a contract with his client and analyzes the provided receipt, gathering information about the client's history and factual evidence. The lawyer then suggests different ways to solve the problem. First, there will be an attempt to solve the problem peacefully, that is, a letter of claim is drawn up and written with a request to return the debt. If this does not help, a statement of claim to the court is prepared, to which all documents proving the existence of the debt are attached. During the trial, the lawyer also fully represents the client's interests and, if necessary, prepares an appeal. Upon the achievement of the set goal, he monitors the execution of the court decision.
In order to receive legal assistance regarding debt recovery based on a receipt, a person must prepare the receipt itself, a passport and a personal identification number in advance. Contact our service to connect with experienced lawyers. Follow the instructions of the system to download a convenient application with the data of the best lawyers.
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