An appeal against a court decision on debt collection

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Oleksandr Kolesnichenko

Head of real estate and construction practice

Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.

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An appeal against a court decision on debt collection

If you find yourself in a situation where the court has made a decision to collect a debt from you that you do not agree with, you should not despair. There is an effective mechanism for protecting your rights – an appeal. Its submission provides an opportunity to challenge the decision of the court of first instance and seek its revision.

The purpose of the appeal

The main goals of filing such a complaint are:

  • Cancellation or modification of the decision of the court of first instance. If you believe that the court made a mistake in making a decision, such a complaint gives you a chance to correct this situation.
  • Protection of violated rights and legitimate interests. With the help of an appeal, you can defend your rights and interests guaranteed by the legislation of Ukraine.
  • Achieving a fair decision. The appellate court must look at the case and make a fair decision, based on a comprehensive analysis of the circumstances and the norms of the current legislation.

Grounds for filing an appeal

There are a number of reasons that give the right to file an appeal. They include:

  1. Incorrect application of substantive or procedural law. This may be manifested in the fact that the court was guided by the wrong rule of law when making a decision, or interpreted it incorrectly, or allowed a violation of procedural rules during the case.
  2. Incomplete or incorrect establishment of the circumstances of the case. If the court did not investigate all the circumstances of the case properly or reached wrong conclusions about them, this may be grounds for appealing the decision.
  3. Groundlessness of conclusions. The court’s conclusion about the existence of the debt, its amount and the need for its recovery must be based on reliable evidence and be logically justified. If the conclusions do not meet these criteria, they can be appealed.
  4. Other violations committed by the court during the consideration of the case. Such violations may include not giving the parties the opportunity to present their evidence and explanations, violation of the right to a fair trial, etc.

The deadline for filing an appeal

Such a document can be submitted within 30 days from the date of the announcement of the court decision in its final form. Missing this deadline may result in your appeal not being considered by the appeals court.

Consideration of the appeal

An appeal must be considered within one month from the moment of its receipt. As a result of considering the complaint, the court of appeal has the opportunity to take various measures.

  • Confirm the first decision without changes, which happens if the court of appeal does not find sufficient grounds to cancel or change such a decision.
  • Revoke the decision if it is based on incorrect interpretation or application of legal norms, or does not correspond to the circumstances of the case. In such a case, the appellate court may make a new decision on the case.
  • The appellate court also has the right to cancel the decision and send the case for retrial to the court of first instance with the same or a different composition of judges.

Why is it important to contact professional lawyers?

Self-drafting an appeal against a court decision on debt collection can be a difficult task, because it requires thorough knowledge of the law and the practice of its application.

By contacting professional lawyers, you get:

  1. In-depth analysis of your case. Experts will carefully study the case materials, identify the errors of the court of first instance and form reasonable arguments for challenging the decision.
  2. Correct filing of the appeal. Lawyers will draft an appeal in compliance with all requirements of procedural legislation, which guarantees its consideration by the appeals court.
  3. Professional representation in court. Lawyers will represent your interests in the appellate court, arguing your positions and defending your rights.
  4. Increasing the chances of success. Thanks to the knowledge, experience and professional skills of lawyers, your chances of canceling or changing the decision of the court of first instance increase significantly.

Our law firm “Prykhodko and Partners” has many years of experience in successfully challenging court decisions on debt collection. We know all the intricacies of this type of case and know how to find effective arguments to protect the rights of our clients. We guarantee professionalism and an individual approach to each client.

If you need advice or want to know the cost of an appeal against a court decision on debt collection, fill out the form below.

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Oleksandr Kolesnichenko
Head of real estate and construction practice

Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.

Contact now
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