Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Court order for debt collection
A court order is a simplified form of a court decision issued in cases provided for by Article 161 of the Code of Civil Procedure of Ukraine. In general, a creditor may apply to the court for a court order to collect a debt from a debtor when there is no dispute, the monetary claim is insignificant, and is also based on documents (contract). The main purpose of this court decision is to quickly collect the debt without unnecessary bureaucracy and legal costs. How to obtain/appeal it and how a lawyer can help in this case is described in the article below.
When does a court issue a court order to collect a debt?
A court order is issued in the order of writ proceedings in cases where it is necessary to collect:
- unpaid wages;
- child support;
- debt for housing and communal services;
- debt under a contract for the performance of works or the provision of services;
- the amount of the return for goods of inadequate quality;
- damages or moral damage;
- compensation for the search (of a child, debtor or his transport).
Important to know! The total amount of the claim must not exceed 100 subsistence minimums for 2025 (302,800 hryvnias). It includes not only the principal amount of the debt, but also accrued annual interest and inflationary costs in the appropriate amount.
How can a creditor obtain a court order to collect a debt?
In order to initiate enforcement proceedings, the creditor must follow a clear algorithm of actions and correctly file an application for the issuance of a court order (in accordance with Article 163 of the Code of Civil Procedure of Ukraine). This application must:
- indicate that the claim is undisputed;
- contain a substantiated calculation of the amount of debt (principal debt, inflation index, interest and other charges);
- be supported by documents (contract, certificates of work performed, etc.);
- be filed with the court at the debtor’s place of residence.
It is also worth noting that if the application is filed by a representative of the creditor, a duly certified power of attorney (or a warrant for the provision of legal aid, if filed by a lawyer) must be attached.
Can the debtor appeal the court order?
Yes, the debtor has the right to file an application with the court to cancel the relevant court order. This is done without summoning the parties and holding a court session, by familiarizing the local court with the submitted documents. However, it must be filed within 15 days from the date of delivery of a copy of the court order to the debtor, otherwise the consideration may be refused. The debtor cannot appeal the order only if it is issued to collect alimony in a fixed amount of money (50% of the subsistence minimum) or as a share of the debtor’s earnings.
Entry into force of a court order: when does it become mandatory?
A court order becomes binding only after 15 days have passed since its issuance and the debtor does not request its cancellation in accordance with the law. After that, the creditor may submit this decision to a state or private enforcement agency for its forced execution. Ignoring a court order by the debtor entails the possibility of seizure of his property (including bank accounts).
Legal support for obtaining/appealing a court order to collect debt
A lawyer from the company “Prikhodko & Partners”, who specializes in commercial law, can be useful for both the creditor and the debtor himself (in particular, in the issue of appealing an unjustified court order). In order to initiate enforcement proceedings and achieve what is desired, it is necessary to strictly comply with all the requirements stipulated in the current national legislation. To this end, the lawyer:
- first, will check whether the claim expressed by the creditor falls under the exhaustive list in Article 161 of the CPC of Ukraine;
- second, will systematize all documents that will be required in enforcement proceedings (a copy of the contract, invoices, receipts, etc.);
- third, will draft the text of the application for issuance/cancellation of the court order;
- fourthly, check the correctness of the calculation of the amount of debt and the compliance of the chosen method of calculating interest and inflation costs with the law;
- fifthly, correct errors in the submitted application at the request of the court;
- sixthly, prepare and submit a petition for the renewal of the missed deadline for appealing the court decision;
- finally, assist in the forced collection of debt within the framework of enforcement proceedings.
Thus, a court order is issued to collect undisputed and insignificant debt and only if the creditor has complied with the requirements of the current Code of Civil Procedure of Ukraine. The entire procedure also requires the creditor/debtor to correctly complete the application and submit supporting documents. In order not to make mistakes and achieve the desired result in court, we advise you to immediately think about ordering support for the case from our business law lawyer.
To receive a consultation and find out the price of a lawyer’s services to obtain or cancel a court order to collect debt – fill out the form below.
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Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
You may also need:
Appeal against the decision of the court of first instance
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Application for annulment of a court order
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Answer to the response to the statement of claim
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Appealing a court order
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Cancellation of court order
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Appeal against the judgment of the ECHR
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