Debt collection from an individual
Debt collection – one of the most topical issues of our time. Debtors make every effort with the sole purpose of avoiding the payment of debts. Therefore, in such a situation, the creditor should contact a qualified specialist without delay.
- Debt collection from your counterparties
- Collection of accounts receivable
- Appealing a court decision on alimony collection
TIMELY LEGAL CONSULTATION SAVES YOUR TIME AND MONEY
The lawyers of the «Absolute» Law Agency engage all necessary resources for debt collection, conduct a full analysis of documents, individually select a strategy, and prepare an opinion containing a legal assessment of the circumstances of the case and ways to achieve the desired result.
In order to develop an effective work plan, our specialists:
- search for information about the debtor;
- carry out a comprehensive assessment of the debtor’s financial condition, in particular the availability of assets;
- identify possible risks and determine the probability of their occurrence in the process of debt collection;
SPECIAL ATTENTION IS PAID TO DRAWING UP A DETAILED ACTION PLAN FOR THE PROTECTION OF THE RIGHTS AND INTERESTS OF THE CLIENT
Debt collection in Dnipro
We offer clients debt collection services of all levels of complexity:
- collection of accounts receivable;
- collection of debt for delivered goods, services, works performed, under a loan agreement, penalty sanctions;
- collection of funds under bank account and bank deposit agreements;
- collection of debt for settlements with personnel;
- collection of alimony, and so on.
It is recommended to settle debt disputes in pre-trial order with the help of mediation and claim work. If the parties do not reach a compromise, the dispute can only be settled through court.
Recovering debts through court and dispute resolution
Our specialists represent the client’s interests at a high level in commercial, civil and administrative cases.
When settling debt disputes in court, the lawyers:
- accompany the entire debt collection process (starting from the legal analysis of the client’s documents and ending with the enforcement of the court decision);
- prepare all necessary procedural documents (claims, statements of claim, objections, complaints, motions, written explanations, attorneys’ requests, and so on);
- provide practical assistance in the process of gathering evidence and preparing materials necessary for the proper representation of the client’s interests in court;
- ensure the implementation of the claim security procedure (preparation of applications for security of claims in commercial, civil, administrative cases, support of the process of executing the court ruling on claim security, and so on);
- accompany the process of executing a court decision on debt collection (preparation and drafting of documents, their submission for enforcement to the enforcement service bodies, drafting motions and applications in the process of forced collection, administrative and judicial appeal of the actions (inaction) and decisions of the state bailiff, and so on);
WE PROVIDE FULL AND COMPREHENSIVE SUPPORT OF THE COURT PROCEEDINGS UNTIL THE FINAL EXECUTION OF THE COURT DECISION
The law agency «Absolute» offers the services of qualified debt collection specialists with experience in declaring credit, mortgage, pledge agreements and suretyship agreements invalid, etc.
Our attorneys provide legal support of the court case in courts of first, appellate, cassation instance and the Supreme Court.
Every problem is unique, but we know how to find the optimal solution for collecting a debt under a court decision. If you act as a debtor, we will find the best way out of the current situation. We will develop an effective and financially advantageous scheme for settling the conflict between you and the creditor. We provide legal services on debt collection in Dnipro, Kyiv and throughout Ukraine.
MUTUALLY BENEFICIAL RESOLUTION OF DISPUTES BETWEEN THE DEBTOR AND THE CREDITOR
The procedure for collecting debts from individuals
One of the most common court disputes is a dispute over the collection of debts from individuals. A debt may arise both under a contract (delivery, lease, employment contract, other) and in non-contractual legal relations (delictual liability, public promise of a reward). One should not confuse this with the concept of a contract concluded in a simplified manner, when contractual legal relations arose but the contract was not concluded in written form, since the law allows the conclusion of certain contracts in a simplified manner. It is only important that the creditor retains evidence of the performance of the oral contract; this may be a waybill, a receipt for funds received as a debt, and so on.
A contractual debt usually arises as a result of failure to fulfil the terms of the contract. Delictual liability arises in the event of causing some harm to someone, in the absence of contractual relations between the victim and the person who caused the harm.
Before filing a statement of claim for debt collection from an individual, it is necessary to analyse the situation and get answers to the following questions:
- Is there a real possibility of executing the collection of the debt under the court decision;
- Has the term for performance of the obligation arrived;
- Is it possible to prove the existence of the debtor’s debt with the evidence available to the creditor;
- What additional evidence should be obtained before going to court;
- Check of the debtor, counterparty
Debt collection - features
The first question that should be paid attention to is whether there is a real possibility of executing a court decision on debt collection.
It happens that the decision itself, after winning the case, is easy to obtain, but there is no possibility to execute it due to the absence of property and funds of the debtor. If the debtor has property or funds, it is advisable to consider the issue of taking measures to secure the claim by imposing an attachment on the debtor’s property and funds.
If the debtor is an individual and there is property on which execution can be levied, then together with the statement of claim for debt collection, it would be advisable to file an application for securing the claim, in which it is necessary to ask the court to attach the debtor’s assets. Such actions may prevent the debtor from transferring assets to another person.
Furthermore, if the debtor is an individual entrepreneur, one should check him or her for open enforcement proceedings and whether he or she is in bankruptcy. This can be done using the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations.
Also, in the State Register of Rights to Real Estate Property, it is possible to obtain an information certificate online, which will reflect information about the presence or absence of real estate property of an individual. The information certificate will also indicate information about the presence or absence of attachments on the real estate property of the person in respect of whom the request is made.
Thus, before filing a statement of claim for debt collection, it is necessary to gather as much information about the debtor as possible, assess the prospects of the case and consider the possibility of attaching the debtor’s property. If this is not done, one may spend a lot of money on legal assistance and court costs, only to find out in the end that the debtor has no property or funds on which execution can be levied.
Preparation of a statement of claim for debt collection from an individual
First of all, it is necessary to find out whether the term for the debtor’s performance of the obligation has arrived. If it has arrived and the debtor does not want to settle, then the opportunity arises to file a statement of claim for debt collection with the court. It is also necessary to pay the court fee and send, with a list of attachments, or attach to the claim copies of the statement of claim with annexes for the parties, depending on the proceedings.
One should also find out whether the limitation period, the total duration of which is 3 years, has been missed. In this case, the limitation period is counted from the moment of the debtor’s delay in performing the monetary obligation. If such a period has elapsed and the debtor submits a motion at the court hearing to apply the consequences of the expiry of the limitation period, then the claim will, with a high probability, be dismissed. With us you can:
- get a consultation on the issue of "debt collection";
- order the service of debt collection from an individual;
- order debt collection.
If the contract does not establish the term of performance of the obligation, then according to the provisions of the current legislation, it is considered that the debt has not arisen. In such a case, a claim letter should be sent to the debtor by mail with a list of attachments in the envelope. If the debtor does not pay the debt within the period specified in the claim, it will be considered that the term of performance of the obligation has arrived. The evidence of the delay in the performance of the obligation will be the claim, the receipt for the postal services and the list of attachments in the envelope.
If, under the terms of the contract, the debtor was to pay funds into the creditor’s bank account, the proper evidence confirming the debtor’s failure to perform the monetary obligation will be a bank statement of the creditor’s account, which will need to be obtained from the bank.
Filing a statement of claim for debt collection with the court
After assessing the prospects of the case, gathering all the evidence and forming a legal position on the case, the moment comes for preparing and filing a statement of claim with the court.
At this stage, one already needs to understand which court will hear the case, and for this purpose the case must be analysed in terms of jurisdiction and venue.
Contact our qualified debt collection specialists by phone +38 (067) 732-38-82 and receive guaranteed legal assistance.