According to the current legislation, the debt on the receipt can be collected only in court. To begin with, you will need to draw up a statement of claim for the collection of debt under the receipt. All available evidence must be attached to the statement of claim. The correct filing of a claim for collection of a debt on a receipt will allow you to get a positive decision. Lawyers Prykhodko and Partners will help you with this.
What legal force does the receipt have?
The answer to this question is regulated by the current Ukrainian legislation. The main condition is that the receipt must comply with certain rules. In particular, it must record the fact of money transfer. The terms, conditions, and obligations of the parties must also be written down. Important: a handwritten receipt by the debtor or borrower has the same legal force as the loan agreement.
As for the debt recovery receipt, it will not have legal force in the absence of such mandatory elements as a signature. Also, the receipt will not be valid in the following cases:
- There are traces of forgery.
- The receipt is difficult to read due to poor handwriting.
- The receipt was written under pressure.
- The natural person was recognized as incapacitated.
Thus, a debt receipt is a clear and documented confirmation that the borrower has received the stipulated amount in debt. The debt receipt must include:
- Conditions for receiving funds by the debtor.
- The date of receipt.
- Refund period.
- Borrower and lender data (passports and contact details).
- Interest charged for the use of money.
- Obligation to return received funds on time.
If one or more items are missing from the above list, this will affect the possibility of debt collection under this receipt. Please note: the borrower may challenge the collection in cases where he can prove that the funds were received, for example, in a smaller amount than indicated in the receipt.
Important: the expiration date of the receipt is 3 years from the date indicated on it as the date of repayment of the debt.
Is it realistic to collect the debt on the receipt?
Only by seeking help from professional lawyers can you count on an effective and as prompt solution to this situation as possible.
It is very difficult to draw up a statement of claim on your own, without having the relevant knowledge.
Regarding the recommendations that come into effect in the event of an appeal to the court with an application for debt collection:
- The submission of the application may be accompanied by the preparation of a claim for seizure of the debtor’s property (this information is additionally specified in the application).
What kind of property can be seized?
- To answer this question, it is necessary to send official requests to the relevant authorities – traffic police, BTI, etc.
If the court decision has already been issued and entered into force, the next step is to apply to the court with a statement of claim. After receiving the executive letter, you should contact the representatives of the State Executive Service.
Assistance of professional lawyers in filing a claim for collection of debt by receipt
Analyzing the above, it is worth noting that in the event that the money is not returned according to the receipt, it is better to use the help of professional lawyers for debt collection.
Prykhodko and Partners lawyers:
- They will analyze the document itself, that is, the receipt.
- They will assess the prospect of recovery.
- They will get acquainted with the financial situation of the debtor.
Based on the received data, the lawyer will be able to file a claim with the court. We will conduct all the necessary examinations and will be able to collect the debt according to the receipt.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a debt collection lawyer’s services by receipt, fill out the form below.