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.
Debt collection (debt) by court order
Debt collection by court order is a simplified method of forced recovery of funds. This mechanism is used to resolve undisputed claims arising from contracts. Unlike traditional proceedings, debt collection by court order occurs without summoning the parties or examining a large number of documents. This has a great advantage for creditors and at the same time sets a significant framework for the debtor’s possible actions.
When can a court issue a debt collection order?
A court order is issued under the following conditions:
- when the subject of the creditor’s claim is exclusively a monetary debt based on a contract (loans, provision of services, leases, etc.);
- the amount of the debt does not exceed the amount specified in Article 148 of the Code of Civil Procedure of Ukraine (302,800 hryvnias);
- the claim is undisputed (in other words, the debtor does not dispute the amount of the debt).
Typical examples of situations when the court issues an order to collect a debt are the collection of debts for utilities, mobile communications, for work performed, etc. To learn more, we recommend that you order a consultation with one of our professional business lawyers.
Application for issuance of a court order for debt collection: what criteria must it meet?
In order for the court to issue a court order, your application must meet clear requirements regarding form and content. This will help to avoid refusal and speed up debt collection in court as a whole. As a general rule, such an application must contain:
- the name of the commercial court to which it is submitted (the rules for its determination are given in the current Code of Civil Procedure of Ukraine);
- information about the applicant and the debtor (full name, place of residence and contact details, if possible);
- the requirements put forward by the creditor (what exact amount of money you are demanding to be collected);
- justification of the specified requirements (circumstances that led to the emergence of the debt, details of the contract and other evidentiary basis).
In addition, all documents on which your requirements are based will also need to be attached to the application. In addition to the contract, it can also be a calculation of debt, acts of work performed, bank account statements, etc.
Important! For filing an application in accordance with the Law of Ukraine “On Court Fee”, a payment of 0.1 of the subsistence minimum is provided (for 2025 it is 302.80 hryvnias, respectively). It is also worth emphasizing that if the court refuses to consider the application on the basis of its non-compliance with the law, the specified amount is not returned to the counterparty’s details.
How can you cancel the collection of debt (debt) by court order?
If you have received a copy of a court order to collect a debt from you and do not agree with it, you have the legal right to cancel it by filing an application in accordance with Article 157 of the Code of Civil Procedure of Ukraine. The deadline for this is fifteen days from the moment you are served with a copy of the court order in the case. The unfoundedness of the creditor’s claims can be explained by proving that:
- the contract was terminated;
- the debt was repaid (partially or in full);
- the services were not provided or were provided improperly;
- there are other circumstances indicating the absence of debt.
How to avoid cases of debt (debt) collection by court order?
In order not to receive a court order, you need to follow some recommendations. First, if the debt still exists and you confirm it, then the best option would be not to lose communication with the creditor and negotiate. In your case, the best option would be:
- to justify your difficult financial situation;
- to agree on the restructuring of existing debt.
Secondly, it is important to involve a lawyer in time to promote your interests in legal relations with the creditor, as well as to have the most effective dialogue. When you understand that the situation is complicated and the creditor is not making concessions, then contacting a lawyer will be most desirable. We will consider in more detail how a lawyer can help you below.
How can a business lawyer help?
First of all, it is worth emphasizing that our company “Prikhodko and Partners” provides services for both the debtor and the creditor. The lawyer helps to ensure the efficiency of the process, minimize risks and achieve the desired result for the party. His main services are:
- legal consulting;
- pre-trial settlement of the dispute between the counterparties;
- preparation of applications for the issuance or cancellation of a court order;
- contract analysis and calculation of the exact debt;
- collection of evidence to confirm the claims or explanations of the debtor and the creditor;
- procedural support in court (in the event that the claim goes beyond the scope of injunctive proceedings and becomes a claim);
- appealing a court decision;
- legal support in enforcement proceedings (interaction with a state or private executor to enforce the requirements of a court order).
A business lawyer is an indispensable assistant in the case of debt collection under a court order. You can find out the cost of his services by receiving a consultation using 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.
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