Protection of interests of the debtor
One of the conditions for the effective enforcement of judgments is proper and timely execution by all parties to the enforcement proceedings of their duties. This can be achieved by adjusting the timing and order of the commission execution and installation of levers of influence on the behavior of enforcement proceedings if they abuse their approval procedural rights and ways to protect the rights and interests in case of violation.
Protecting the rights of the debtor includes the following legal aid:
- protection of the rights of the borrower and guarantor;
- credit support cases;
- protection in the event of a claim, representation in court;
- advising on the withdrawal of assets from the collateral;
- stop foreclosure;
- invalidation of the pledge agreements and mortgages;
- analysis of the loan agreement;
- oral and written advice on credit;
- recognition of the loan agreement null and void;
- reducing the size of the debt under the credit agreement;
- output guarantors;
- recognition of the guarantee void;
- protect the rights, interests and property guarantor;
- suspension of the implementation of real estate;
- recognition of the auction null and void;
- view absentia judgments on debt collection under the credit agreement;
- support enforcement proceedings;
- appeal against the actions of the bailiff;
- suspension of enforcement proceedings;
- property assessment appeals;
- appeal writ notary;
- appeal and cassation court decisions.
The current legislation Ukraine provided ways to protect the rights of the debtor that are adequate and may fall within the definition of “minimum”:
- Bailiffs must use its right under the law and avoid its activities violation of rights and legitimate interests of individuals and legal entities.
- not allowed to seize the property specified in the list of property of citizens, which may not be to foreclose on the executive documents in accordance with the application of the Law (table clothes and household items, food for three months, etc.).
- seize the debtor’s property appeals in size and scope necessary for the implementation by the executive document given penalty enforcement fee, expenses related to the organization and conduct of executive actions, fines imposed on the debtor in the enforcement proceedings. If the debtor owns property jointly with others, collection appeals for its part, determined by the court on the proposal of the bailiff.
- the debtor has the right to appeal against decisions, acts or omissions of the bailiff and other officials of the state executive service in the courts.
- the debtor as well as creditor may appeal against the state executive service and claim damages for public performer during enforcement.
Cost of services is determined individually based on the complexity of the case.
Please contact us for advice.