Legal support of the assignment of the right of claim

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Shakhovets Anastasia

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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Legal support of the assignment of the right of claim

Assignment of the right of claim is a common practice that enables the creditor to transfer the debt to a third party. This process can be complicated and require careful legal preparation, because it involves significant financial obligations.

What is a waiver of claim?

According to the Civil Code of Ukraine, the creditor has the right to dispose of his right of claim by transferring it in whole or in part to another person (assignee). This can be advantageous both for the creditor, who receives funds immediately, and for the assignee, who can purchase the debt at a lower price.

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Why is legal support important?

Independent execution of the agreement on the assignment of the right of claim can lead to serious legal mistakes, which will later turn into significant financial losses.

The following situations can become the most common mistakes if you do not seek the help of a lawyer:

  • Incorrect definition of the subject of the contract.
  • Non-compliance with the formal requirements of the contract.
  • Absence of clear fixation of debt repayment conditions.
  • Failure to ensure the proper transfer of the right of claim.
  • Lack of information about the debtor’s financial condition.
  • Ignoring tax consequences.

Expert support in case of withdrawal of the right of claim: guarantee of legality and protection of your interests

The legal company “Prykhodko and partners” offers comprehensive support of a specialist in the cession of the right of claim, which includes:

Analysis of legal relations with the debtor:

  • Our lawyers carefully study all documents related to the debt, including the contract on the basis of which the right of claim arose, the deed of acceptance-transfer, payment documents, correspondence with the debtor, etc.
  • We analyze the financial condition of the debtor, his solvency and the presence of other debt obligations.
  • Based on the analysis, we assess the risks associated with the assignment of the right of claim and develop an optimal action strategy.

Development of an agreement on the assignment of the right of claim:

  • Our lawyers prepare a draft agreement on the assignment of the right of claim, which meets all the requirements of Ukrainian legislation.
  • The contract clearly defines the subject of the contract, the price of the right of claim, the conditions and terms of its payment, the procedure for the transfer of the right of claim, the responsibilities of the parties, etc.
  • We agree all the terms of the contract with the client and the assignee to ensure full protection of the interests of all parties.

Legal examination of documents:

  • Our lawyers carry out a legal examination of all documents related to the debt, as well as the agreement on the assignment of the right of claim.
  • We check the availability and legality of all necessary documents, as well as their correctness.
  • We identify and eliminate possible legal risks associated with the assignment of the right of claim.

Representation of the client’s interests in negotiations with the assignee:

  • Our lawyers represent the interests of the client in negotiations with the assignee regarding the terms of the contract on assignment of the right of claim.
  • We protect the client’s rights and interests, negotiating the most favorable terms of the agreement for him.
  • We ensure the achievement of a compromise between the client and the assignee.

Ensuring state registration of the contract of assignment of the right of claim (if necessary):

  • In some cases, the contract on assignment of the right of claim is subject to state registration.
  • Our lawyers collect all necessary documents and submit them to the relevant state registration authority.
  • We ensure timely and correct registration of the contract.

Taxation and accounting consulting:

  • Our lawyers advise the client on taxation and accounting issues related to the assignment of the right of claim.
  • We help the client to correctly reflect this transaction in tax and accounting reports.
  • We minimize tax risks for the client.

Other services:

  • If necessary, we can provide the client with additional services, such as: debt collection from the debtor; contesting the actions of the debtor; protection of the client’s rights in court.

Why should you choose Prykhodko and Partners?

  • Experience and competence. Our lawyers have many years of experience in assignment of claims and have successfully completed many similar projects.
  • Individual approach. We carefully study each case and develop an optimal strategy to protect our client’s interests.
  • Privacy. We guarantee complete confidentiality of all information provided to us by the client.
  • Affordable prices. We offer competitive prices for our services that match their high quality.

Contact the legal company “Prykhodko and partners” and we will make sure that the process of assigning the right of claim is as safe and profitable as possible for you.

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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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