Statement of claim for collection of debt for utility services

In situations where debtors ignore their financial obligations, utility providers are forced to go to court. A lawsuit to collect utility debt becomes the only legal mechanism for restoring justice and receiving due funds. It allows you to resolve the conflict in the legal field, protecting the interests of both parties.

The situation with the payment of housing and communal services in Ukraine has long remained difficult. Particular difficulties arose during the martial law imposed in connection with the aggression of the Russian Federation. The ban on the termination of the provision of services due to non-payment, as well as the ban on the accrual of fines and penalties, which operated on the basis of the Resolution of the Cabinet of Ministers of Ukraine No. 206 of March 5, 2022, lasted almost two years. However, in late 2023, the Government of Ukraine adopted Resolution No. 1405 of December 29, 2023, which lifted the moratorium on service termination and restored the possibility of collecting debts in court and charging penalties. It is important to note that the moratorium remains in effect only for occupied territories and regions where hostilities are ongoing.

What is the basis for going to court?

The main grounds for filing a claim for the collection of debt for utility services are:

Failure to pay for housing and communal services within the established period. According to the Law of Ukraine “On Housing and Communal Services”, consumers are obliged to pay for the services received in a timely manner.

The presence of a concluded contract. The relationship between the supplier and the consumer is regulated by a contract that provides for the obligation to make payments within the specified periods.

Debt, confirmed by documents. This may be a debt calculation, copies of invoices, acts of work performed, etc.

In the event of non-payment for the maintenance of the house and the adjacent territory, associations of co-owners of apartment buildings (OSBB) also have the right to file a lawsuit in court. For example, if the decision of the general meeting of the OSBB approved monthly payments for the maintenance of the house, and the residents ignore them, this is a basis for going to court.

How to draw up a statement of claim: structure and basic requirements

The statement of claim must comply with the provisions of the articles of the Civil Procedure Code of Ukraine. Here are its main components:

1. Title: name of the court to which the application is filed; data of the plaintiff (service provider or condominium association); data of the defendant (debtor).
2. Introductory part: description of the concluded contract for the provision of utility services; indication of the grounds for the occurrence of the debt.
3. Main part: calculation of the debt (indicating the amount of the principal debt, penalties, fines); explanation of why the defendant does not fulfill his obligations; references to articles of legislation confirming the legitimacy of the plaintiff’s claims (for example, Article 625 of the Civil Code of Ukraine).
4. Requirements: collection of the principal amount of the debt; reimbursement of penalties, fines, legal costs.
5. Appendices: copies of contracts, invoices, demands for payment of the debt; calculation of the amount of the debt; copies of decisions of the general meeting of the condominium association (if necessary); receipt for payment of court fee.

Judicial procedure for debt collection

Stages of judicial review

1. Acceptance of the application by the court. After submitting the application, the court checks its compliance with the requirements of the law.
2. Preparatory proceedings. The judge sets the date for the hearing of the case, invites the parties.
3. Consideration of the case. It is held in an open session, where both parties have the right to express their positions.
4. Decision-making. Based on the evidence, the court makes a decision on debt collection.

Defendant’s options

The debtor has the right: to dispute the amount of the debt; to submit evidence confirming his position; to request an installment or postponement of the execution of the court decision.

Enforcement Proceedings

After the court decision is made in favor of the plaintiff, the case is transferred to the enforcement service. Enforcement officers have the right to take a number of measures aimed at the forced execution of the court decision. In particular, they can seize the debtor’s accounts and property, withdraw funds from the debtor’s income to repay the debt, and sell property through auctions.

In addition, enforcement officers are obliged to act within the framework of the Law of Ukraine “On Enforcement Proceedings”, which guarantees the observance of the debtor’s rights. For example, the law limits the possibility of seizing property necessary to ensure basic living needs. Debtors also have the right to challenge the actions of enforcement officers in court if they consider them unlawful.

Recommendations and legal assistance

Effective resolution of issues related to the collection of debt for utility services requires a responsible approach from all participants in the process. Here are some important recommendations:

For debtors:

1. Do not ignore the supplier’s demands for payment of the debt to avoid additional fines and legal costs.
2. In case of financial difficulties, be sure to apply for debt restructuring, this can significantly ease your financial burden.
3. Consult with lawyers to protect your rights and avoid possible violations by executors.

For suppliers:

1. Record all facts of the provision of services and non-payment to have enough evidence for a trial.
2. Follow the pre-trial dispute resolution procedure to try to resolve the issue without going to court.
3. If necessary, involve professional lawyers to prepare a statement of claim and represent your interests in court.

The company “Prykhodko and Partners” provides comprehensive legal support in resolving issues of debt collection for utility services. Our specialists will help you draw up a statement of claim in accordance with all legislative requirements, represent your interests in court, providing proper legal support, and organize effective execution of the court decision through the enforcement service.