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Who is a private contractor?
In 2016, the laws of Ukraine were adopted, in which the provisions regarding executive proceedings and bodies carrying out the enforcement of decisions were established. This introduced the so-called new institution of the private executor, aimed at easing the burden on state executive bodies and faster and more efficient execution of court decisions.
Private executors differ from civil servants and act independently of state bodies, and their activities are regulated by relevant legislation.
Also, such an executor can start enforcement proceedings if the debtor or his property is located within the executive district – the territory within which the office of such an executor is located. Only after that it can act throughout Ukraine. Such an action is reflected in the search and recovery of the debtor’s property and income.
On what basis can the executor act?
A private executor acts on the basis of executive documents, such as executive letters, court orders, resolutions, as well as other judgments and decisions written by notaries or commissions for labor disputes.
In order to start enforcement proceedings, the debt collector submits an application and attaches the original of the enforcement document.
Therefore, actions to unblock accounts do not differ from submission by a public or private executor.
Modern legislation of Ukraine creates a situation when sometimes physical a person who has debts may not even know that enforcement proceedings have been initiated against him. This can lead to unpleasant surprises, from public or private executors, when, for example, the money in her bank account suddenly becomes unavailable due to blocking.
What to do when the private contractor has blocked the account?
In the event that the accounts are still blocked, first of all you need to find out the reasons for such blocking, namely what you owe. The debt repayment procedure, or solving such a problem, can take a significant amount of time. In such a case, in order not to be left without funds at all, the person must allocate an account for expenditure operations, which cannot exceed the amount of the minimum wage in 2 times the amount for the current year. In order to be able to use these funds, it is necessary to apply to the authority that imposed the seizure with a statement, in which it is necessary to indicate the specified account, specifying the bank, for carrying out expenditure operations.
This information can be provided in paper or electronic form in accordance with the requirements established by law. Phys. the debtor bears personal responsibility for the correctness of the specified information.
The executor who received such an application must, within a period of two working days, make a decision on whether to recognize the current account of a natural person-debtor with the bank. In the case of a positive decision, it should happen on the next business day after the decision is issued, no later.
The executor must notify the bank about this and at the same time check whether there are other enforcement proceedings against this individual. the debtor. If, after all, such proceedings exist, the executor must send the relevant resolution to the competent authorities. In this case, the account specified in the relevant resolution is considered to be used for spending operations.
In the future, it is necessary to eliminate all obstacles that prevent the unblocking of accounts, and in the future, you should take care not to get such a surprise again.
In order for you to be sure that all the necessary documents have been prepared, as well as the process of unblocking the accounts will be successful, the legal company “Prykhodko and partners” is always happy to help you. Experienced lawyers will help you understand all the nuances and solve your problem.