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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Development of a contract of assignment of the right of claim

Development of a contract of assignment of the right of claim

Assignment of the right of claim is a civil legal process that involves the transfer by one subject (assignor) to another (assignee) of the right to collect a debt from a third party (debtor). Simply put, this is the sale of a debt obligation.

Why is it important to make a competent contract?

Assignment of the right of claim is a legal procedure that has a number of nuances, which makes drawing up a competent contract extremely important.

Here are a few reasons why:

Clear definition of the subject of the contract:

  • A valid contract clearly defines the amount of the debt, the term of its repayment, the essential terms of the obligation, the party that gives up the right of claim (assignor), and the party that receives this right (assignee).
  • This prevents inaccuracies and disputes in the future, because it clearly outlines the subject of the contract.

Protection of the rights and interests of the parties:

  • A contract drawn up taking into account all legal norms protects the rights and interests of both the assignor and the assignee.
  • It clearly defines the responsibility of the parties, the procedure for resolving disputes, and the conditions for terminating the contract.

Minimization of risks. An incorrectly drawn up contract can have legal consequences, such as:

  • Recognizing it as invalid will result in the assignee not being able to collect the debt from the debtor.
  • Disputes with the debtor – this can lead to court proceedings and additional costs.
  • A competent contract minimizes these risks, because it meets all the requirements of the law.

Avoiding disputes in the future:

  • A clearly drafted contract prevents inaccuracies and ambiguities, which reduces the likelihood of disputes between the parties in the future.
  • It saves time, money and nerves.

Ensuring legality:

  • The contract drawn up by a lawyer complies with all norms of current legislation.
  • This ensures its legitimacy and protects your interests.

In summary, a competent contract of assignment of the right of claim is a guarantee that:

  • Your rights and interests will be protected.
  • You will be able to avoid disputes and legal problems.
  • Fulfillment of obligations will be clearly defined.
  • You will be insured against risks.

Do not risk your interests – contact the lawyers of “Prykhodko and Partners” and get a competent contract of assignment of the right of claim.

Is it possible to draw up a contract without the involvement of a lawyer?

Theoretically, it is possible to draw up a contract of assignment of the right of claim independently. However, this is not recommended, because:

  1. This process has a number of legal nuances: ignorance of which can lead to serious mistakes.
  2. Incorrectly drawn up contract: may be declared invalid, which will put your interests at risk.
  3. Drafting a contract requires knowledge of current legislation: in the field of civil law, in particular, the law of obligations.

Algorithm of cooperation between the legal company “Prykhodko and partners” and the client regarding the development of the contract of assignment of the right of claim:

Customer request:

  • The client applies to the company by phone, e-mail or through the website.
  • The company’s specialist conducts an initial consultation to find out the essence of the case and the client’s needs.

Meeting with a lawyer:

  • If the client needs, a meeting with a lawyer specializing in the assignment of the right of claim is organized.
  • At the meeting, the lawyer explains all the nuances of the procedure to the client in detail, answers his questions and discusses the terms of cooperation.

Conclusion of an agreement on the provision of legal services:

  • After the client decides to cooperate with the company, a contract for the provision of legal services is concluded.
  • The contract clearly defines the working conditions, cost of services, rights and obligations of the parties.

Collection and analysis of information:

  • The lawyer collects all the necessary information about the debt, the obligation and the parties to the contract of assignment of the right of claim.
  • It analyzes this information to identify possible risks and legal nuances.

Draft contract development:

  • On the basis of the collected information, the lawyer develops a draft contract of assignment of the right of claim.
  • The draft contract is agreed with the client, his comments and wishes are taken into account.

Signing the contract:

  • After the client has approved the draft contract, it is signed by the parties.

Legal support:

  • If necessary, the company can provide the client with legal support at all stages of the execution of the contract of assignment of the right of claim, including debt collection from the debtor.

Contact “Prykhodko and partners” and make the assignment of the right of claim safe and profitable for you.

If you would like to receive advice or would like to know the cost of developing a contract of assignment of the right of claim – 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