Kolesnyk Ilya

Attorney

E-mail

kolesnyk@prikhodko.com.ua

Phone numbers

Specialist in bankruptcy of individuals and legal entities. Provides legal support in bankruptcy procedures for individuals, private limited liability companies, legal entities, as well as closing executive proceedings, concluding restructuring and settlement agreements with financial institutions

Statement of claim for debt collection

A statement of claim for debt collection is a legal instrument that allows a creditor to apply to court to restore his rights in the event of non-payment of a debt. It plays a key role in situations where pre-trial methods of conflict resolution do not yield results. In such cases, the statement of claim becomes the basis for initiating legal proceedings, which makes it possible to collect the debt from the debtor in a compulsory manner through the court. Such a document is used both to resolve disputes between legal entities and for cases involving individuals.

In this article, we will examine in detail all aspects of drawing up a statement of claim, including its structure, requirements and common mistakes.

Price of legal support in debt cases

What is a debt collection claim?

A debt collection claim is a legal instrument by which a creditor applies to court to protect their rights. The main grounds for filing a claim are:

Breach of contract: For example, failure to fulfill obligations under purchase, supply, or lease agreements.
Default on a promissory note: When an individual or legal entity fails to pay a debt within the specified period.
Default on a loan agreement: Failure to repay the loan or pay interest.

According to the Civil Code of Ukraine, obligations must be performed properly, and failure to perform entails legal liability. A claim allows the creditor to restore his rights through legal proceedings.

Statement of claim for debt collection

Main stages of debt collection

The debt collection process consists of several key stages, each of which has its own characteristics.

Pre-trial settlement

This stage involves:

Sending a written claim to the debtor.
Negotiating to reach an agreement on debt restructuring.
Concluding a restructuring agreement or agreeing on a repayment schedule.

The pre-trial stage is important because it allows you to avoid additional costs for legal proceedings.

It will also be useful: Lawyer for credit debts

Court recovery

If the pre-trial procedure has not yielded results, the creditor has the right to go to court. The main requirements for a statement of claim include:

Clear identification of the parties (creditor and debtor).
Description of the circumstances of the case.
Calculation of the amount of debt.
Substantiation of the claims with reference to the norms of the law.

Court recovery can be implemented both in civil and commercial proceedings, depending on the composition of the parties to the dispute.

Enforcement of a court decision

After the decision is made, the court issues an enforcement document – a writ of execution or court order. This document allows for the initiation of compulsory enforcement of the decision through the state enforcement service or a private enforcement agent.

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How to properly draw up a statement of claim?

Drawing up a statement of claim requires strict adherence to legal norms. It must comply with the articles of the Civil Procedure Code of Ukraine. Such a document serves as an official appeal to the court and contains all the necessary data to begin consideration of the case. The main elements of a statement of claim:

Name of the court to which the application is filed: The court that has jurisdiction to consider the case.
Information about the parties: Includes the names, addresses and contact details of the plaintiff and the defendant.
Description of the circumstances of the case: A clear statement of the facts that became the basis for filing the claim.
Calculation of the amount of debt: A detailed description of the financial claims, including the principal debt, accrued interest, fines or penalties. It is important to provide supporting documents, such as a calculation of the debt or bank statements. The amount of debt can also be calculated in court.
Substantiation of claims: An indication of the legal norms that confirm the plaintiff’s position.
Request to the court: A specific list of demands to the court, including debt collection, penalties, inflation losses, and reimbursement of legal costs.

Typical errors when filing a claim

Despite the formal clarity of the requirements for filing a claim, many claimants encounter errors that can significantly delay the legal process or become grounds for refusing to consider the case. The main errors are the following:

Lack of evidence: Filing a claim without supporting documents, such as contracts, invoices or certificates of work performed, may cause the claim to be left without action. The evidence must be clear, up-to-date and comply with the requirements of procedural law.
Incorrect defendant’s address: Filing a claim with an incorrect debtor’s address often causes additional delays in considering the case. Before filing a claim, it is recommended to check the relevance of the data.
Ignoring the claim procedure: In cases where pre-trial settlement is mandatory, the lack of confirmation of sending the claim may become grounds for returning the claim. It is recommended to keep copies of claims and receipts for their sending to confirm compliance with the requirements of the law.
Insufficient argumentation: Unclear or superficial justification of claims, without references to specific articles of legislation, reduces the chances of success in court.
Improper preparation: Failure to comply with the formal requirements for the structure of the application or the absence of attachments (for example, receipts for payment of the court fee) may result in its return without consideration.

If you need qualified assistance in drafting a claim or supporting a case, contact the lawyers of the company “Prykhodko and Partners”. Our experts have extensive experience in resolving such issues and will provide you with full legal support..

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1 question

Are you interested in a debt collection claim?

Yes

2 question

Are you in Kyiv?

Yes

3 question

Do you need the service urgently?

Yes

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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