The lawyer analyzes the documents available to the client and the situation that has developed between him and the debtor. Drafting
legal aid contracts.
Debt collection from counterparty
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Publication date: 22.07.2022
Reading time: 9 minutes
Number of views: 23
№
Stage
Term (days)
Cost
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1
Legal assessment of the situation1 UAH 2,280.00
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2
Claim preparation3 UAH 1,140.00
The lawyer, in accordance with the available documents, makes a claim, which includes calculations, which indicate the amount of the debt, the amount of penalties (penalties, penalties) in case of provision under the contract or law, and other reasonable claims against the debtor. The lawyer submits the claim to the debtor by registered letter with the attachment.
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3
Writing an application to court3 UAH 2,280.00
The lawyer analyzes the actual court practice and writes the claim to the economic court for debt recovery.
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4
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 the receipt to the lawyer about the payment. The lawyer sends the claim to the court, supervises the court process for 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.
In general
97
UAH 10,830.00
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Debt collection from counterparties
If your business has been on the market for a long time, it is difficult to avoid debt. The existence of money disputes is a common phenomenon. But this does not mean that it is impossible to do something. You need to defend your rights with a lawyer. There are many methods of collecting debt from a counterparty. Both pre-trial resolution of the issue and recovery in court on the basis of civil law contracts.
Our lawyers specialize in controversial issues that arise during business. And they help to resolve your issue as soon as possible, in accordance with current measures and court practices.
Types of indebtedness of counterparties for forced debt collection
Any agreements between business and counterparties are established on the basis of civil law contracts. If a debt appears, it means that the counterparty has violated the terms of this contract.
Debt collection can take place under short-term and long-term contracts or current ones. The difference between them is in terms of overdue payment of the obligation. Debt can also be problematic or hopeless. Help is needed precisely with the latter.
Before looking for methods and reasons for debt collection, you need to check the counterparty's finances. A lawyer will help with this. Because if the debtor is actually bankrupt, debt collection can lead to a dead end.
Our specialists always check the debtor before starting the case. So that the client does not waste time and money. A lawyer's opinion will help determine the possibilities of recovery and types of debt.
Checking the counterparty for debt collection
Verification of the counterparty is also necessary to avoid dishonesty of the debtor. Sometimes, when the debtor realizes that he will not win the court, he resorts to various methods of avoiding responsibility.
The threat of enforcement proceedings for the collection of debts may encourage the counterparty to change its location or main positions. Withdraw assets or liquidate a legal entity. This can make it impossible for the court to proceed in your favor.
Therefore, the main preparation for the trial by a lawyer is an examination. All information is contained in the Unified State Register and electronic services. The lawyer will collect all the documents and provide you with an opinion on debt collection from the counterparty.
If the debtor company continues to function without changes, this will increase the chances of winning the case. Also, any changes are a signal for the lawyer to rebuild his strategy.
Executive proceedings on debt collection
When the legal process is launched, there is a possibility that the counterparty will have time to transfer its assets to third parties. Therefore, a lawyer must create a list of property and non-property funds in order to prepare a lawsuit.
Debt collection involves the possibility at any time to submit a request for means that will help in the future to satisfy the claim. That is, the plaintiff has the right to apply for the seizure of the debtor's property before the court decision.
If necessary, the lawyer can apply for the recovery of not only the amount of the debt, but also other fines caused by the counterparty's violation of the civil law contract.
Claim for debt collection
In order for your claim to be more successful 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 a debt receipt.
A claim for debt collection has a clear structure, which is quite simple. However, there is a complication in the aspect of reference to the existing legal framework. Such a complication exists due to the large volume of regulations that directly and indirectly regulate the procedure for refunding funds. Therefore, we recommend that you contact a lawyer.
Debt collection from counterparties together with a lawyer
Correct filing of a claim, verification of a legal entity takes a lot of time and effort, and also requires knowledge of the regulatory framework. Therefore, a lawyer will help to avoid rejections and ensure transparency of processes. And it will also make it impossible for the executive service to be passive in conducting your case.
Legal assessment of the situation and writing a claim
Before the start of executive proceedings on debt collection, the lawyer will analyze all the documentation and provide his opinion. In accordance with the available documents, the lawyer prepares a claim, which contains calculations indicating the amount owed, the amount of fines (penalties, fines) in the event of provision by the contract or law, and other justified demands on the debtor.
Writing a claim for debt collection
The lawyer will prepare everything necessary, update the data and start writing the statement of claim. A correctly prepared application increases the chances of success.
Obtaining a court decision on debt recovery
The lawyer sends the claim to the court, supervises the court process and represents the client's interests in court during the consideration of the debt collection case. Contacting a lawyer increases the chances of debt recovery and prevents unethical processes on the part of the counterparty.
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