Claim to lift the seizure of a debtor’s property in Ukraine: legal grounds and filing procedure

Seizure of a debtor’s property is one of the most common measures used to secure the enforcement of court decisions or actions by the state bailiff service.

However, in many cases, there is a need to lift the seizure — due to the repayment of the debt, wrongful imposition of the seizure, or illegal actions by the bailiff.

In such situations, it is appropriate to file a claim with the court to lift the seizure of the property. In this article, we will examine the legal grounds, the procedure for filing a claim, and possible outcomes of the case.
Legal grounds for lifting the seizure of a debtor’s property
Ukrainian legislation provides several grounds for lifting the seizure of property:
- Full or partial repayment of the debt to the claimant
- Termination of enforcement proceedings under the Law of Ukraine “On Enforcement Proceedings”
- Establishment of the fact that the seized property does not actually belong to the debtor
- Availability of a court decision canceling the interim measures
- Submission of documents or funds that make the seizure irrelevant
If at least one of these grounds exists, the debtor or the legal owner of the property has the right to apply to the court with a claim to lift the seizure. In some cases, a petition may be submitted directly to the bailiff, but their inaction may require judicial intervention.
Procedure for filing a claim to lift the seizure
To be accepted by the court, the claim must comply with the requirements of civil procedural law. Key steps include:
- Determining jurisdiction: typically, the claim is filed with the district court where the property is located
- Identifying the parties: plaintiff (property owner or debtor), defendant (state or private bailiff), third party (claimant)
- Formulating claims: removal of the seizure, exclusion of the property from the act of description and seizure
- Attaching documents: copies of title documents, proof of debt repayment, bailiff’s rulings
- Paying the court fee: approximately UAH 250–800 depending on the claim type and applicant
If the claim is properly prepared and supported by evidence, the court has legal grounds to satisfy the plaintiff’s request.
Steps in case of bailiff inaction
It is common for bailiffs to refuse to lift the seizure even when grounds exist or to ignore petitions. In such cases, the following steps are recommended:
- Submit a written petition to the bailiff service with attached supporting documents
- If ignored — file a complaint with a higher bailiff authority or directly with the court
- File a separate claim to lift the seizure as an unlawful enforcement measure
- During the hearing — present all necessary evidence, proof of ownership, correspondence with the bailiff
- Upon receiving a favorable court decision — submit it to the bailiff to lift the seizure based on the court ruling
This approach ensures protection of the owner’s rights and prevents unlawful restrictions on their property.
ConclusionLifting the seizure of a debtor’s property in Ukraine requires a strong legal argument, a properly drafted claim, and — if necessary — active engagement with bailiff authorities. The primary tool for protecting your rights in such cases is a court claim. Competent legal support helps avoid the risk of property loss, additional costs, and delays. If you are facing an unlawful seizure — consulting a lawyer and filing a well-reasoned claim is the first step toward restoring justice.