Zal Dmytro Oleksandrovych

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Case: The arrears under the delivery contract with payment for sale were collected

Commercial law
Reading time: 2 min.

The client of “Obstar” LLC turned to the legal company “Prykhodko and Partners” because their buyer – “Bohdana” LLC owed them money for the delivered goods. Deliveries took place in 2021-2022 with the condition of payment upon sale of the goods. The goods under the contract were foodstuffs.

The counterparty stopped sending reports, did not return the goods, did not pay the money.

Lawyer An Iryna drafted and submitted to the court a lawsuit regarding debt collection, 3% of the annual interest amount for the overdue period and inflationary losses. The representative of “Bohdana” LLC tried to delay the case by offering to use time for a peaceful settlement, however, since such negotiations were conducted before contacting the lawyers, the Client refused.

The difficulty was also that the goods were delivered for sale, but the counterparty did not provide reports on the goods sold.

The lawyer noted in the documents that the goods were delivered to the defendant under invoices back in 2021, and as of the date of the summons to the court, the defendant has not provided evidence that he has addressed the relevant letters regarding the return of the goods that are not sold and/or with a notice of intent to return the product due to its low demand and impossibility of sale.

So, the court listened to the lawyer’s position and came to the conclusion that such goods were sold by the defendant to the final consumer and were not paid to the plaintiff!

Taking this into account, the Defendant was charged the entire amount of debt, as well as 3% annual and inflationary losses in the amount of UAH 237,897. The decision has already entered into legal force and has been sent for implementation.

Apply for debt collection under the contract between legal entities. individuals (FOP/LLC) to the legal company “Prikhodko and Partners”.

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1 question

Do you need a lawyer's help in collecting debts under a supply contract?

Yes
No
2 question

The amount of debt under the contract exceeds UAH 200,000?

Yes
No
3 question

Do you have official signed contracts with the counterparty?

Yes
No
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