A statement of claim regarding the violation of the terms of the loan agreement

A loan agreement is one of the most common transactions that accompany the daily life of both individuals and legal entities. This is an agreement based on mutual obligations between the lender and the borrower. The loan agreement is described in detail in Article 1046 of the Civil Code of Ukraine. Quite often situations arise when the terms of the loan agreement have been violated. In this article, the specialists of our law firm Prykhodko and Partners will tell you how to act in a similar situation, in particular, how to properly file a claim.

Features of the loan agreement

To begin with, let's consider what features the loan agreement has. First, this contract has the following characteristics: reality, reciprocity (in some cases - gratuitous), unilaterality. For example, a real loan contract appears in cases where certain actions stipulated by this contract have begun to be performed. Most often, the validity of the contract begins from the moment when the object of the loan was transferred.

Secondly, the subject of a loan agreement can be not only money, but also things that are characterized by certain features.

Thirdly, the form of drawing up a loan agreement is distinguished by certain legal subtleties. For example, if the object of the loan is ten or more times the amount of the NMDH, the loan agreement must be concluded in writing.

Fourthly, the lender can receive interest under the loan agreement (if the amount and procedure for obtaining it is specified in the relevant agreement).

Important: before concluding a loan agreement, you must check the counterparty. This will be needed in cases where the subject of the loan is large sums of money. Our lawyers can help with this. We will check the existence of debts, the official legal status of the counterparty, etc.

Modern Ukrainian legislation does not provide for mandatory certification of the loan agreement by a notary public. This is an important condition for establishing the legal capacity and legal capacity of the parties.

What to do in case of violation of the terms of the loan agreement?

If the sum of money specified in the loan agreement, i.e., the object of the loan, was returned late, the borrower's obligation is to pay the amount of the debt, as well as the fixed amount of interest established in the agreement.

In the event that the counterparty refused to satisfy the lender's requirements, both pre-trial resolution methods (for example, sending a claim) and appeal to court can be used.

If the terms of the loan agreement were violated, the first thing to start with is to file a claim. Our lawyers will help you draw up this important document correctly.

Cases related to debt collection under a loan agreement are considered within the framework of civil proceedings. The same application is recommended to be submitted to the city court at the place of residence. The following information is indicated in the statement of claim:

• Lender and borrower data.
• Description of the circumstances of the case.
• Claim requirements.

It is also important to additionally provide documents that will be needed during the court case: receipt, loan agreement, claim. If there is such an opportunity, it is worth attracting witnesses.

Therefore, Prykhodko and Partners lawyers will help you to file a claim regarding the violation of the terms of the loan agreement. We will be able to protect your interests in the current legal field.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer for filing a claim for breach of terms of the loan agreement, fill out the form below.