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.
Sue the counterparty
When can you sue a counterparty?
Unfortunately, today it is quite common for a counterparty to breach its contractual obligations. In such a case, you can sue the counterparty because its actions directly harm the other party to the contract.
Below are the main grounds for preparing a lawsuit:
- first, direct violation of contractual obligations (their non-fulfillment or improper fulfillment). In this case, you can go to court to collect the debt (for example, if the counterparty has not paid for the services provided), impose penalties (penalties) on the counterparty, perform the agreement in kind (transfer of goods, provision of services, etc.), terminate the agreement in the presence of a systematic violation;
- second, if there are grounds for declaring the agreement invalid in court. These are cases when the counterparty concluded the agreement on the basis of forged documents, the agreement contains conditions that contradict the law, the agreement was signed under the influence of fraud or error (due to the actions of the counterparty);
- third, malicious violation of rights to intellectual property. If the counterparty illegally uses your trademarks, patents or transfers confidential information to third parties.
- finally, other illegal actions during cooperation (in particular, if the counterparty illegally lures your customers and violates the rules of fair economic competition).
Alternative methods of resolving a dispute with a counterparty
Filing a lawsuit in court is not the only way to resolve a conflict with your counterparty. Most courts in their practice draw attention to the importance of using pre-trial methods of resolving the relevant dispute. These include:
- filing a claim against the counterparty. Thanks to the claim procedure, you can obtain compensation, arguing the claim for violation of the terms of the contract, the damages caused;
- considering the dispute in the mediation process. This is an alternative method of resolving disputes, in which the parties to the conflict involve a neutral intermediary (mediator) to reach a mutually beneficial solution (compromise in the dispute);
- applying to an arbitration court. As for the latter, there are certain limitations here, since the parties must foresee in advance the possibility of applying to an arbitration court, fixing the relevant clause in the contract.
Each of the methods provided for above has a number of advantages and disadvantages. However, if the desired results were not achieved during the pre-trial settlement, the person may go to court.
How to properly prepare for filing a lawsuit against a counterparty?
Filing a lawsuit against a counterparty can be difficult for ordinary citizens. This process requires taking into account a number of important legal aspects and consists of several stages. Improper preparation for court, wording of the statement of claim or other documents that need to be attached to it, may result in unsuccessful protection of the rights and legitimate interests of the person.
The most important thing to do is to approach the preparation of the statement of claim correctly. This process will include preparatory actions (careful study of the contract with the counterparty to understand which obligations have been violated, collection of evidence of violations by the counterparty, in particular, acts of work performed, correspondence with the counterparty, pre-trial claims, etc.). The next step will be to competently draft a claim in accordance with the provisions of Articles 175 and 177 of the Civil Procedure Code of Ukraine.
In the future, it is also necessary not to forget about the mandatory payment of the court fee for considering the statement of claim (in the event of a decision in favor of the plaintiff, the amount will be reimbursed at the expense of the counterparty), since its failure to pay entails the return of the claim.
Finally, the last step will be the correct filing of the claim with the court, which can be done in person through the office of the chosen court (at the place of residence of the defendant), by mail in the form of a letter of recommendation with attachments, online through the “Electronic Court” system with the help of a qualified lawyer. It is the latter option that is the easiest and will stimulate a faster transition to the consideration of documents.
Assistance from a lawyer from “Prikhodko & Partner” for filing a lawsuit against a counterparty
An experienced lawyer from “Prikhodko & Partners” will provide comprehensive legal support, help effectively protect your interests and prepare all the necessary documents for trial. We provide a guaranteed individual approach (detailed analysis of the case and development of the optimal defense strategy), compliance with legality and correctness (prevention of procedural errors that can complicate the consideration of the case), saving your time (fast and high-quality preparation of documents, representation of interests in court).
The main services of our lawyer include:
- legal analysis of the situation and provision of consultations, which involves a mandatory assessment of the legal aspects of the conflict and determination of the prospects for judicial proceedings;
- preparation of procedural documents, in particular, drafting and submitting statements of claim, motions and other necessary documents to the court (if necessary, appeals or cassation complaints);
- representation of interests in court, in particular, protection of the client's rights at all stages of the legal process, negotiations with the other party (if necessary).
Thus, you can sue a counterparty in case of non-performance or improper performance of the contract, recognition of the contract as invalid, violation of intellectual property rights and other unlawful actions. Lawyers also recommend using pre-trial methods of dispute resolution, such as the claim procedure, mediation or appeal to an arbitration court, before going to court. Legal support from the lawyer "Prikhodko and Partners" will help to avoid procedural errors and ensure effective protection of interests in court.
Contacting professional lawyers is a guarantee of your confidence in the legality of all due procedures and effective protection of your rights before the counterparty. To find out the cost of legal support, 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.
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