Claim for recovery of debt under the contract for the provision of services

A claim for debt collection under a service contract is one of the most common types of litigation in the field of economic relations. Such claims arise when one party (the contractor) has provided services, and the other party (the customer) has not fulfilled its obligations to pay for these services.

Legal grounds for filing a lawsuit

• Civil Code of Ukraine (Articles 901-907)
• Economic Code of Ukraine (Articles 175-177)
• Law of Ukraine "On Judicial Collection"
• Civil Procedure Code of Ukraine
• Economic Procedural Code of Ukraine

  Consult with a lawyer regarding the claim

Filing a claim for debt collection under a contract - action plan

1. Collection of evidence

• Original or certified copy of the contract
• Invoices for payment
• Correspondence between the parties
• Claims and responses to them
• Documents confirming attempts at pre-trial settlement

2. Calculation of the amount of the claim, including:

• The principal amount of debt
• Late payment penalty (if provided by the contract)
• Inflation losses
• 3% per annum of the overdue amount

3. Determination of jurisdiction. The case is considered:

• In a commercial court, if both parties are business entities
• In a general court, if at least one of the parties is an individual

4. Drawing up a statement of claim. A claim for debt collection under a service agreement must contain:

• Name of the court
• Full names of the parties and their addresses
• Contents of the claims
• Statement of the circumstances of the case
• List of evidence
• Calculation of the amount of the claim
• List of appendices

5. Submission of a claim to the court for debt collection under a contract

• Payment of court fee: determined in accordance with the Law of Ukraine "On Court Fee" and depends on the amount of the claim.
• Consideration of the case in court
• Preparatory hearing, where the court clarifies the claims and objections, determines the circumstances to be established and decides on the issue of obtaining evidence.

8. Court hearings during which the parties present evidence, give explanations, and file a motion during court hearings.
9. Making a decision based on an assessment of all evidence in the case.
10. Execution of a court decision: after the decision has entered into legal force, the claimant may receive a writ of execution and apply to the state enforcement service or a private enforcement agent for the enforcement of the decision.

Key success factors include having a properly executed contract, certificates of completion and other evidence of service provision. It is important to comply with procedural deadlines and requirements for document execution.

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Recommendations

To avoid the need for litigation or to maximize your chances of success in your case, follow these guidelines:

• Always conclude a contract for the provision of services (and any other) in writing
• Provide certificates of work performed in a timely manner
• Save all documentation related to the provision of services
• If possible, try to resolve the dispute out of court
• If you need to go to court, consider engaging a professional lawyer

The law firm "Prikhodko and Partners" can provide full support for debt collection under a service agreement. If you need legal assistance, fill out the form below.