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Ugrin Svyatoslav

Head of problem debt practice, criminal lawyer

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DEBT COLLECTION: IS IT REAL TO REFUND DEBT WITHOUT COLLECTORS AND “CRIME”? Because of the lawyer

If you have such a question, it means that you are faced, usually for the first time, with a situation in which you can no longer solve the problem of repayment of funds that were lent or paid as a subscription for services / works, etc.
At this stage, you have a choice: to turn to lawyers, attorneys or to people who have a certain relationship to “criminal circles”, as they say in the people – to crime.
We can unequivocally say that we do NOT RECOMMEND the use of “criminal” debt collection services at least based on the following:
payment for such “services” will cost you at least 50% of the debt;
lack of official relations – well, none of the criminal groups will sign a contract with you;
high probability from “victim” to change the status to “suspect”, for example to become a “customer” of crimes “Extortion” of Article 189 of the Criminal Code of Ukraine or “Coercion to fulfill or non-fulfillment of civil obligations” Art. 355 of the Criminal Code of Ukraine, and in this case you can forget about the debt.
Thus, we gradually come to the conclusion that it is better not to deal with the criminal element.
What do you have left in the end? And you have to make another choice – a choice between law or law firms and collection firms.
It should be noted here that the activities of collection companies often border on illegal activities and may contain signs of crimes such as “Extortion” of Art. 189 of the Criminal Code of Ukraine or “Coercion to fulfill or non-fulfillment of civil obligations” Art. 355 of the Criminal Code of Ukraine, the truth not in such displays, as at representatives of “criminal element”.
Collectors usually annoy the debtor and his loved ones by phone calls, letters, etc. Collectors do not often go to court or law enforcement in the interests of the debtor, because they work semi-legally.

It becomes obvious that law or law firms are able to help or even try to help you.
Moreover, if your documents confirming the debt (receipts, contracts) are properly executed in accordance with the law and your debtor is more or less bona fide (which is extremely rare), you can use the services of law firms. At the same time, law firms operate mainly in the civil law field, and debt collection is often associated with fraud, and this is a criminal law area.
If your debt documents are not properly executed, do not allow you to collect the debt in an indisputable manner or the debtor is an experienced fraudster, in which case you need lawyers, law firms, and it is preferable to law firms (associations, bureaus), because they have more organizational, labor, and professional resources than independent solitary attorneys.
Experienced lawyers can work, and usually work simultaneously in 2 areas:
civil law;
criminal law.
When choosing a law firm, you need to pay attention to the experience of such a company in the direction of settling and collecting bad debts, the professional experience of lawyers working in this direction is clearly positive experience in law enforcement.
The specifics of debt collection with the help of a lawyer is that the debtor, as a rule, is not ready for the creditor’s lawyer to start working with him, especially when such interaction is carried out within the law in several ways, including: suing debt collection with simultaneous filing of a petition to secure the claim by seizing the debtor’s property, and appealing to the law enforcement agency with a statement about the commission of a criminal offense, etc.
It should be noted that before submitting applications to the court and / or law enforcement agency, an experienced lawyer on the basis of collected materials of legal proceedings, in particular regarding the debtor’s property, preliminarily assesses the prospects of the case and the probability of achieving the goal – return of money to the creditor. the debtor.
It should be noted that in the repayment of the debt an important, and perhaps the most important, role is played primarily by negotiations, and without the involvement of a professional lawyer to conduct quality negotiations with the debtor is unlikely.

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