Interaction of lawyers and private executors

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Horelyk Evhen

The lawyer specializes in debt collection and execution of court decisions.

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Interaction of lawyers and private executors

Reading time: 4 min.

The issue of the interaction of private executors with lawyers has repeatedly been the subject of discussion by both the legal community and the community of private executors, which indicates the relevance and importance of solving this issue for both private executors and lawyers.

This topic is close to me, because I have experience working as a lawyer and as a private executor, so I can cover this issue both as a lawyer and as an executor, based on my own experience.

 

Knowledge of all the nuances of execution of court decisions for a lawyer working in the field of execution of court decisions is mandatory for providing high-quality and complete assistance to the client and choosing appropriate legal protection measures. The issue of enforcement of court decisions is very specific and has many nuances, and some issues are not regulated by law at all and legal conflicts may occur, which are subject to resolution by the executor.

This is a multifaceted issue, which can be divided into separate items and sub-items, each of which is relevant and of great practical importance for both a lawyer and a private executor, and, provided a professional relationship, can be mutually beneficial for both parties, and most importantly, contribute protection of the rights of both the debt collector and the debtor in enforcement proceedings:

  • The lawyer, representing the interests of the plaintiff, is interested in the full execution of the court decision carried out by the executor within the framework of open enforcement proceedings
  • A private executor is also interested in receiving an executive document for execution, which will be executed using all the rights and powers granted by the law, since the main remuneration of the executor, which is 10% of the amount actually collected, depends on full execution. And here it is very important for a lawyer to know all the intricacies of executive proceedings, from the moment of presentation of the executive document to the moment of its full actual execution, capabilities and obligations of the executor. For example, sending the decision to the executor without noting that the decision has entered into force
  • Cooperation between a private executor and a lawyer in providing information on enforcement proceedings and submitting various requests, petitions, statements, appeals, and sometimes complaints to the executor. And here, too, the professional level of both the executor and the lawyer is very important, since many questions asked by the lawyer are either in the free access and use of the parties to the enforcement proceedings, or the appeal of individual actions will not be the right way to protect the rights and interests of the client, it will be very energy- and material-consuming

 

  • Appeal by a lawyer of individual executive actions and documents of executive proceedings - decisions of the executor, seizures of the debtor's property and accounts, etc. In this aspect, the primary communication between the executor and the lawyer, mediation between them, is important. I believe that most issues can be resolved out of court. And if the issue is resolved by filing lawsuits and complaints, it is important to formulate the requirements correctly and correctly, taking into account all the nuances of the legislation on the execution of court decisions and stable judicial practice on solving individual issues.
  • Resolution of legal issues of both the debt collector and the debtor, whose interests are represented by lawyers in the enforcement proceedings.

Prykhodko and Partners Law Firm, which has a sufficient staff of lawyers, a long and positive biography, has lawyers directly involved in the execution of court decisions and other executive documents, which guarantees a professional approach to the legal subtleties of the profession of a private executor, an understanding of all the nuances and professional issues of private executors and offers solutions to most of the issues of interaction between lawyers and executors.

Yes, the law office today has a huge potential of legal practice in civil, economic, administrative disputes, large debt collection cases and is interested in the competent and full execution of court decisions in the enforcement process, as the last stage of the legal process, and the Law Office is ready in this direction cooperate with private executors on a mutually beneficial basis, with the aim of full implementation of court decisions.

In turn, private executors need professional legal protection in disciplinary processes, processes of challenging executive documents and implementation of executive actions, providing support to clients in processes of enforcement of court decisions, various legal processes, and these services are also able to be provided professionally and qualitatively by the law office.

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