Can a bank sue during martial law?

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Kolesnyk Ilya

Expert on bankruptcy, write-offs of banks on loans, government and civil process. Specializes in the procedures of bankruptcy and restructuring of the physical assets of sole proprietorships, oskarzhennі vykonavchih prodzheni, znyatti arreshtu z rakhunkiv, oskarzhenni punitive sanctions on loans.

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Can a bank sue during martial law?

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The impact of the war on the banking sector

The invasion of the territory of Ukraine caused far-reaching negative consequences in all spheres of life of Ukrainians. The banking sector was also badly affected by the hostilities and their devastating economic consequences. Due to job loss, reduced income and difficult financial situation, many borrowers found themselves in a difficult situation, not being able to fulfill their obligations to banks and repay loans taken earlier.

The question of the right of banks to collect debts during war

In this connection, a logical question arises: do banking institutions have the right to apply to the courts with lawsuits against debtors during martial law in Ukraine? The answer to this question has important legal and social significance, as it concerns the financial interests of citizens and organizations in wartime conditions.

 

The obligation to return loans remains

Despite the war situation in Ukraine, the obligation to return the taken loans continues to apply. However, in order to prevent excessive financial pressure on borrowers during martial law, the legislation provides for certain benefits and special features.

Benefits for military personnel and civilians

Military personnel are released from the obligation to pay interest on consumer loans for the period of their official duties. For all other borrowers, including military, there is an exemption from the payment of penalties - fines, penalties, penalties for overdue loan payments.

Verification of bank calculations

If the bank decides to go to court with a demand for debt collection under the credit agreement due to non-payment during the war, the borrower should carefully check the correctness of the calculation of the amount owed by the bank. Special attention should be paid to the absence of accruals of unauthorized payments.

Suspension of consideration of the case for the military

For military personnel, there is an opportunity to petition for the suspension of the court proceedings for the duration of the performance of duties in connection with martial law. The court is obliged to grant such a request and postpone the hearing until the moment of demobilization of the serviceman or the end of the war. This does not cancel the debt, but gives a delay in enforcement.

 

Unblocking of funds during executive proceedings

If the court still decides in favor of the bank, enforcement proceedings will begin. However, even in this situation, the debtor during the war can monthly unblock part of the funds seized on his accounts in the amount of two subsistence minimums for his own needs. For this, it is necessary to submit a corresponding application to the state executive.

The need for active actions of the borrower

Martial law provides a number of benefits for loan debtors. But in order to use them, borrowers need to actively defend their rights - challenge bank calculations, submit petitions to courts, applications to executors, etc. Only by taking appropriate actions, it is possible to fully realize the benefits provided by the law.

Get legal help

In the event of difficulties with the payment of loans during martial law, contact the company "Prykhodko and Partners" for qualified legal assistance. Experienced lawyers are thoroughly familiar with the specifics of legislation regulating credit relations in wartime.

You will receive help in checking the legality of the banks' claims, contesting illegal charges, and preparing the necessary petitions and statements.

Thanks to the services received, you will be able to fully exercise your rights as a borrower and take advantage of all the benefits provided for debtors during martial law.

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Expert on bankruptcy, write-offs of banks on loans, government and civil process. Specializes in the procedures of bankruptcy and restructuring of the physical assets of sole proprietorships, oskarzhennі vykonavchih prodzheni, znyatti arreshtu z rakhunkiv, oskarzhenni punitive sanctions on loans.

Contact now
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