Shakhovets Anastasia
Shakhovets Anastasia

Senior lawyer

Phone numbers
+38 (073) 007-44-54 +38 (073) 007-44-49

Lawyer in the practice of bankruptcy of individuals and individual entrepreneurs. Specializes in write-off of bank and MFI loans through the bankruptcy procedure.

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Collect the debt from the guarantor

Collect the debt from the guarantor

Life is full of unpredictable situations, sometimes there are circumstances when loved ones need help. By bailing out a friend or relative, we voluntarily assume the obligation to vouch for his debt. However, not always everything goes according to plan, and it becomes necessary to collect the debt from the guarantor.

Guarantor: who is he and what is his responsibility?

A guarantor is a person who, having concluded a contract of suretyship, undertakes to the creditor to fulfill the debtor’s obligations, in whole or in part, in case of non-fulfilment.

The guarantor’s liability to the creditor is determined by the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine). According to Article 553 of the Civil Code of Ukraine, the guarantor is liable to the creditor in the same way as the debtor, with exceptions established by law or the suretyship agreement.

This means that the guarantor is subject to all the rights and obligations provided for the debtor, except for those expressly defined by law or contract. For example, the guarantor is not responsible for personal obligations of the debtor that do not arise from the main contract.

Photo Collect the debt from the guarantor

In what cases can the debt be collected from the guarantor?

According to Article 553 of the Civil Code of Ukraine, the creditor has the right to recover the debt from the guarantor in the following cases:

  1. Non-fulfillment of obligations by the debtor. This is the most common reason. For example, if the borrower has not returned the loan to the bank, the bank can apply to the guarantor with a demand to repay the debt.
  2. The death of the debtor or his declaration as missing. In such cases, the creditor has the right to make a claim against the guarantor.
  3. Incapacity of the debtor. If the debtor is recognized by the court as incompetent, the creditor can collect the debt from his legal representative, as well as from the guarantor.
  4. The debtor has no property that can be foreclosed upon. In this case, the creditor can turn to the guarantor if the debtor has not fulfilled his obligations.

It is important to note that:

  • The creditor can turn to the guarantor only after presenting the debtor with a demand for the fulfillment of the obligation.
  • The surety is terminated with the termination of the main obligation.

In addition to the above-mentioned grounds, debt recovery from the guarantor may be possible in cases stipulated by the suretyship contract.

Methods of debt recovery from the guarantor

There are two main ways of collecting a debt from a guarantor:

Voluntary.

  • The guarantor can repay the debt voluntarily, avoiding legal proceedings.
  • For this, the creditor must send him a written demand for debt repayment.

Judicial.

  • If the guarantor refuses to repay the debt voluntarily, the creditor can apply to the court with a lawsuit.
  • The court, having considered the case, will issue a decision on debt recovery from the guarantor.

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Why is it better to contact a lawyer?

Debt collection from a guarantor is a complex legal process that requires knowledge of legislation and experience in conducting court cases. It is difficult to figure out all the details on your own, so it is better to consult a lawyer.

There are several main reasons why you should contact an expert of the Prykhodko and Partners law firm:

  1. Knowledge of legislation. Lawyers have in-depth knowledge of civil legislation, court practice and the intricacies of cases related to bail. This allows them to find the most effective way to collect the debt from the guarantor.
  2. Experience. Lawyers have experience in conducting court cases on the collection of debts from guarantors. They know how to behave properly in court, how to argue their position and how to succeed in a case.
  3. Saving time and effort. By contacting a specialist, you will save your time and energy. You don’t have to study the law yourself, prepare documents and go to court. A lawyer will do all this for you.
  4. Protection of your rights. A lawyer will help you protect your rights and interests. He will ensure that your rights are not violated at any stage of debt collection from the guarantor.
  5. By contacting a lawyer, you can be sure that your case will be in safe hands.Several additional arguments in favor of contacting a lawyer

Several additional arguments in favor of contacting a lawyer

  1. Debt collection from a guarantor is a complex process in which it is easy to make a mistake. A lawyer will help you avoid such mistakes that can lead to negative consequences.
  2. In some cases, debt collection from the guarantor may be impossible or very difficult. A lawyer can help you find a compromise solution that will be beneficial for you and the guarantor.
  3. If you try to collect the debt from the guarantor yourself, it can lead to conflict and deterioration of the relationship. A specialist will help you solve this problem peacefully.

Do not risk your rights and interests. Contact a lawyer who will help you collect the debt from the guarantor.

Would you like to order a consultation or find out the cost of debt collection from a guarantor? Fill out the form below.

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Is it possible to go through the bankruptcy procedure if the debt is less than 180,000 UAH?

Bankruptcy can be filed regardless of the amount of debt — there are no minimum limits set by law. However, if the amount of debt is less than UAH 180,000, it is usually more advisable to agree on debt restructuring, as bankruptcy may be economically unprofitable.

If I am not in Kyiv, can I cooperate with you?

Yes, we work remotely throughout Ukraine and even with clients abroad! We have many clients from Lviv, Odessa, Dnipro, Kharkiv, Cherkasy and other settlements.

Communication is carried out in any way convenient for you.

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Bankruptcy

Agreement on the assignment of the right of claim An appeal against a court decision on debt collection Anti-collector Application for initiation of bankruptcy proceedings Assignment of the right of claim under the credit agreement Bankruptcy certificate for legal entities Bankruptcy of a legal entity Bankruptcy of a utility company Bankruptcy of an individual Bankruptcy of an individual entrepreneur Bankruptcy of individuals Certificate from the Unified Register of Enterprises in respect of which bankruptcy proceedings have been initiated Challenging the executive inscription of the notary on the loan Checking the availability of loans for an individual Collect the debt from the guarantor Consultation of a lawyer regarding credit debts Consultation on bankruptcy of an individual Corporate Bankruptcy (Company Bankruptcy) Credit debt collection Credit lawyer Credit restructuring in a bank/microfinance organization Debt cancellation Debt collection for housing and communal services Debt collection under a credit agreement Debt collection under the factoring contract Debt collection under the loan agreement Debt restructuring for housing and communal services Debt restructuring under a credit agreement Debt write-off for credit / microloans Debt write-off in bankruptcy Declaration of bankruptcy Development of a contract of assignment of the right of claim Development of a debt receipt Development of a loan agreement between individuals EBRD lending Executive proceedings for communal services Fictitious bankruptcy File for bankruptcy Financial rehabilitation and bankruptcy of enterprises Forced collection of debt Forced collection of debt under a credit agreement Gas debt restructuring How to get a certificate of bankruptcy / no bankruptcy? Individual Bankruptcy Lawyer Judicial debt restructuring outside of bankruptcy proceedings Lawyer for credits and microloans (MFI) Lawyer under Art. 200 of the Criminal Code – Illegal actions with transfer documents, payment cards and other means of access to bank accounts, electronic money Lawyer under Article 302 of the Criminal Code – Creation or maintenance of places of debauchery and solicitation Legal advice on loans Legal analysis of credit agreements Legal assistance with microcredits (MFIs) Legal support of the assignment of the right of claim Legal support of the bankruptcy procedure Liquidation of a company through bankruptcy proceedings Liquidation of a legal entity Liquidation of LLC with debts Liquidation of the company under the bankruptcy procedure Mortgage write-off under the bankruptcy procedure Obtaining a certificate of absence of bankruptcy Opening of bankruptcy proceedings Protection of creditors’ rights during the liquidation of a legal entity Protection of creditors’ rights in bankruptcy Protection of the rights of consumers of banking services Recognizing a natural person as bankrupt Removal of seizure from the account for payment of wages Removal of seizure from the debtor’s accounts Restructuring debt on a mortgage loan in foreign currency Restructuring of electricity debt Restructuring of foreign currency loan Restructuring of foreign currency loan Privatbank Restructuring of foreign currency mortgage Restructuring of heating debt Restructuring of the debtor’s debts Sanitation of the debtor in bankruptcy cases Sanitation of the enterprise Statement of claim for collection of debt for utility services Statement of claim for debt collection Statement of claim for debt collection under a credit agreement Statement on insolvency of a natural person Support of creditor in the bankruptcy procedure Support of creditors in the debt collection procedure Support of creditors in the restructuring procedure Support of the bankruptcy procedure of a legal entity Support of the bankruptcy procedure of an individual The bankruptcy procedure of an individual Voluntary liquidation of a legal entity through the bankruptcy procedure Write off a loan for a mortgage (housing) Write off a mortgage loan Write-off of accounts payable Write-off of Borgs for utility services Write-off of loan debt for the guarantor