Lawsuit for debt collection under the lease agreement

Lawsuit for debt collection under the lease agreement

Lease agreements are an important element of modern business. However, not always all participants of such agreements comply with their obligations. If you are faced with a situation where the other party to the contract does not fulfill its obligations and owes you a debt, a debt collection lawsuit may be a necessary step to restore your rights.

In which court can such a lawsuit be filed?

A claim for debt collection under a lease agreement can be filed with the local commercial court. This is important to consider when considering a case, as the rules and procedures of different courts may differ.

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Why can you lose in court if you act without a lawyer?

Even if you have some legal knowledge, filing a lawsuit on your own can be dangerous. The trial process is complex, and even the smallest mistake in drafting documents or carelessness in presenting evidence can have negative consequences for your case.

The main mistakes when filing a claim for debt collection under a lease agreement

  1. Incorrect determination of the jurisdiction of the case:
  • The plaintiff may file a lawsuit in the wrong court, which will lead to a delay in the consideration of the case or the return of the statement of claim.
  • It is important to correctly determine the jurisdiction, taking into account the amount of the debt, the place of residence/stay of the defendant and the location of the property.
  1. Unclear wording of claims:
  • The plaintiff must clearly state the exact amount of the debt he wants to recover, as well as what other recoveries are involved (interest, penalty, inflationary losses).
  • Unclear wording may result in the court not being able to satisfy the claim in full.
  1. Lack of necessary documents:
  • A number of documents confirming the validity of the claims must be attached to the claim:
    • Lease agreement;
    • Acts of acceptance and transfer of property;
    • Evidence of payment/non-payment of rent;
    • Calculation of the amount of debt;
    • Other evidence relevant to the case.
  1. Improper processing of evidence:
  • Evidence must be properly prepared and meet procedural requirements.
  • Deficiencies in the presentation of evidence may lead to their recognition by the court as inadmissible.
  1. Missing procedural terms:
  • There are clearly defined terms for filing a claim, as well as for taking other procedural actions.
  • Missing these terms may result in the loss of the right to sue or the annulment of the court decision.

To avoid these mistakes, it is recommended to seek the help of a qualified lawyer.

Consult a lawyer

A lawyer will help you:

  1. Correctly determine the jurisdiction of the case:
  • The lawyer will analyze the amount of the debt, the place of residence/residence of the defendant and the location of the property to determine which court should be filed.
  • This will help you avoid having your claim returned due to lack of jurisdiction.
  1. Formulate claims:
  • A lawyer will help you clearly formulate the exact amount of debt you want to recover, as well as what other recoveries are involved (interest, penalty, inflationary losses).
  • This will help the court to make a legal and well-founded decision.
  1. Collect all necessary documents:
  • The lawyer will make a list of all the documents needed to file a claim, and help you get them.
  • This will save you time and effort.
  1. Properly prepare the evidence:
  • The lawyer will check whether your evidence meets the procedural requirements, and will help you prepare it correctly.This will help the court to take your evidence into account.
  1. Adhere to procedural deadlines:
  • The lawyer will ensure that you do not miss any procedural deadline, and will help you take all the necessary actions in a timely manner.
  • This will help you avoid overturning the court decision.
  1. Represent your interests in court:
  • The lawyer will represent your interests at all stages of the court proceedings, and defend your rights and legitimate interests.
  • This will help you protect your rights as much as possible and get the desired result.

By contacting a lawyer, you significantly increase the chances of a successful resolution of the debt collection case under the lease agreement.

Consult a lawyer

Consult an experienced lawyer

Filing a claim for debt collection under a lease agreement requires not only knowledge of legal aspects but also professional experience and the ability to work with the court system. Therefore, to maximize the chances of a successful outcome, contact an experienced lawyer who will provide you with competent support and help you defend your rights.

The company “Prykhodko & partners” is a team of lawyers who know their business very well and do everything possible to effectively help their clients. Individual approach and fair prices are guaranteed.

If you want to order a consultation or find out the price of a debt collection lawsuit under a lease agreement, fill out the form below.

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