ENFORCEMENT OF COURT DECISION

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Perepelchenko Anatolii

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ENFORCEMENT OF COURT DECISION

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By filing a lawsuit, we are thus protecting our violated right and restoring justice. But it often happens that a court decision in favor of a person is not always enforced. This is influenced by several factors: first of all, hearing that the court has satisfied the requirements, many people think that everything is on his side. And you no longer need to do anything, but just wait for the execution of the court decision. But this is not always the case. One court decision is often not enough to restore one's violated right. After the trial, the no less complex process of execution of the court decision begins. That is, enforcement of a court decision.

Even after receiving a writ of execution and submitting it to the executive service, you can wait for months or even years to get the desired result.

And there are many reasons why this is happening. Some of the most common are:

  • lack of income and property of the debtor;
  • inaction of bodies and officials of the executive service;
  • deliberate non-receipt by the debtor of executive documents;
  • and other.

Faced with such problems, some lose faith that it is possible to win back the violated right and get what was awarded by the court. And some seek the help of professionals who will help and monitor that the court's decision is enforced.

By asking for help in enforcing a court decision, you will receive:

  • quality legal advice;
  • assistance in obtaining a writ of execution;
  • submission of a writ of execution to the executive service;
  • control over the course of enforcement proceedings;
  • quick and timely response to the actions or inaction of the performer;
  • filing complaints against the actions of the executive service regarding non-execution of a court decision;
  • negotiating with the debtor on the voluntary execution of the court decision.

That is, the assistance of lawyers may be needed not only at the stage of court proceedings, but also at the stage of enforcement proceedings.

We should also not forget about the deadlines. After all, according to the Law of Ukraine “On Enforcement Proceedings”, an executive document can be presented for execution within three years. That is, if you receive a writ of execution and do not submit it in time, you can not hope that the court decision is enforced. This restriction does not apply to the recovery of alimony or other periodic payments, as in these cases it is possible to present an executive document during the entire period for which such payments are awarded.

Of course, everyone decides how to protect their violated right. But the longer you procrastinate, the less chance you have of getting what you want. After all, it often happens that upon receipt of a writ of execution, the debt collector does not always present it to the executive service or, upon presentation, hopes to perform his duties in good faith by employees. But it should be noted that timely recourse to specialists increases the chances of timely and prompt execution of court decisions.

Reasonable prices, speed and quality of work will surprise. It is not necessary to waste time in vain, it is better to entrust it to professionals.

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