Making executive inscriptions
Executive inscription according to p. 4 ch. 2, Art. 17 Law of Ukraine “On Enforcement Proceedings” refers to the executive documents, which are enforceable state executive service.
In other words, if the borrower indebtedness under the credit agreement, which executive inscription provided by mortgage bank? makes it possible to avoid litigation and to recover the debt through the sale of real estate of the borrower, which was transferred to the mortgage.
According to Art. 88 of the Law of Ukraine “On Notary” notary performs the executive inscription only in the case when the submitted documents confirming indisputability debt.
What documents confirm indisputability debt?
The legal position, to identify those documents that confirm indisputability debt, was formed by the Higher Commercial Court of Ukraine:
- – VSSU decision of 15.06.2011, the number 6-4882sv11 “In accordance with Art. 9 of the Law of Ukraine “On Accounting and Financial Reporting” adequate evidence confirming the presence or absence of debt, can only be the primary documents, issued in the order of articles that establish the size of the debt. “
- – SECU resolution of 27.10.2011, the number 5015/1965/11 ” indisputability debt can confirm only primary accounting documents, prepared in accordance with Article 9 of the Law” On Accounting and Financial Reporting in Ukraine “, committing contested writ.”
THE DOCUMENTS REQUIRED
for committing a writ:
- The applicant’s identifying documents;
- A statement indicating all the necessary information;
- A document that establishes debt (original notarized mortgage agreement or other agreement, under which there is a right to commit writ);
- Documents proving indisputability debt of the debtor and setting delay performance of the obligation: Copy of requirements, claims and proofs of it’s sending the debtor (in inventory list, message delivery);
- Calculation of debts with stating the terms under which each separate amount will be charged;
- Calculation of fines;
- Excerpt from the bank.
The documents in each case could differ. Refer for the advice to the law firm «PRIKHODKO & PARTNERS», we will consult you about all the matters which you want to know and will choose the most viable option for you.