Debt recovery
Debt recovery is a complex and important process faced by both individuals and legal entities. Regardless of the amount owed, the issue of refunding money requires a careful approach and compliance with legal regulations.
Debt repayment is not a right, it is a duty Kovalev Artem
Repayment of debt on receipt
Repayment of debt on receipt – in most cases a troublesome and time-consuming procedure. According to Chapter 49 of the Civil Code, your interests can be protected by collecting from the debtor not only the amount of debt, but also:
- penalty;
- foam;
- fine;
- collateral and more.
It is important that the measures to repay the debt on receipt, in case of delay in the fulfillment of the obligation, were prescribed in the contract. If the debtor is late in fulfilling his obligations and / or evades repayment of the debt, it is important to contact a lawyer to repay the debt as soon as possible. In the event of a delay, the debtor may disappear, the statute of limitations expire, lose his property, which may have been pledged, etc.
Debt repayment without receipt
Debt repayment without a receipt – if the debtor flatly refuses to return the borrowed money, and the receipt of the loan you did not make, sometimes quite a simple conversation in the process of which to determine the reasons for non-repayment. When the reasons are justified, you can compromise and agree on installments, partial reimbursement, etc.
Debt repayment assistance
You can also re-agree on debt repayment, and make an interesting loan agreement or write a receipt, be sure to specify in the document:
- terms and conditions of refund;
- the amount of debt;
- date of concluding the contract;
- passport data of both parties.
Debt repayment through the court
Some people categorically do not want to go to court. Some of them are convinced that justice will not be achieved in court, some do not want to spoil the relationship, others want to save on costs. Judicial procedure is the only civilized form of resolving a debt dispute when negotiations have proved ineffective.
Litigation can be the most effective way to repay the debt, when you have properly executed documents, the debtor’s financial condition is satisfactory and you have time within 3-5 months. To resolve the situation.
If the debt is repaid in court, it will be a strong proof of the creditor’s rightness, and will give the right to collect the loan from the borrower in full.
The specialists of our company have many years of experience in debt repayment, including penalties and will help you find a legal way to restore the violated rights.
Stages of debt recovery
The debt collection process is complex and requires the attention of lawyers, because a significant amount of time can pass from the moment the debt arises to its recovery. In general, this process can be divided into three main stages:
- Pre-trial settlement
At this stage, negotiations are held with the debtor in order to reach an agreement on full or partial payment of the debt or restructuring. This is the fastest and most convenient way to resolve the situation. If an agreement cannot be reached, the creditor files a claim indicating a deadline for voluntary repayment of the debt. If the claim is ignored, the judicial stage begins.
- Judicial proceedings
In court, the applicant must prove the existence of the debt, correctly state the essence of the dispute, provide documents confirming the obligations, and calculate possible sanctions. Legal support is important, because even during the trial, the parties can conclude an amicable agreement.
- Enforcement of the decision
After the decision is issued, the stage of its execution begins, which is carried out by the enforcement service.
Assistance in debt repayment Kyiv
Provision of professional legal assistance in mediation during out-of-court dispute settlement |
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Provision of professional legal assistance in preparing and filing a lawsuit |
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Provision of professional legal assistance before the actual execution of the court decision |
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* Applying the analogy with the Law of Ukraine “On Judicial Fees”, the cost of legal aid for participation in court hearings in appellate instances (writing and submitting responses, petitions, complaints, etc.) is 150% of the cost of legal aid in the first instance.
The cost of legal aid for participation in court hearings in cassation instances (writing and submitting responses, petitions, complaints, etc.) is 200% of the cost of legal aid in appellate instances.
Recommendations from a lawyer for successful debt recovery
- Fix all financial agreements and obligations in writing.
- Indicate the exact amounts, terms, conditions of repayment and possible sanctions for non-fulfillment.
- At the initial stages, try to resolve the issue peacefully: remind about the debt, offer restructuring or installments.
- If the debtor does not contact you, send an official claim.
- Use the help of a professional debt recovery lawyer to properly prepare documents and file a lawsuit in court.
How we work:
- Leave a request in a convenient way for you: through the feedback form, by e-mail or by phone
- We hold a meeting, discuss the terms of cooperation.
- We sign the contract, you pay for the services and we immediately start working on your issue.
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