Senior lawyer
Specialist in bankruptcy of individuals and legal entities. Provides legal support in bankruptcy procedures for individuals, private limited liability companies, legal entities, as well as closing executive proceedings, concluding restructuring and settlement agreements with financial institutions
Debtor's rights protection
In today’s world, any person who has failed to fulfill obligations under a credit agreement in a timely manner, which has led to the formation of a debt, can become a debtor in enforcement proceedings. In such cases, the creditor applies to the court, and after a decision on debt collection is made, the next stage is its enforcement, which is carried out by a public or private executor. This process is regulated by the Law of Ukraine “On Enforcement Proceedings”, which gives the debtor rights to protect his interests. However, many people do not know how to effectively use their rights in enforcement proceedings.
One of the conditions for the effective execution of court decisions is the proper and timely performance of the duties assigned to them by all participants in the executive proceedings. Ilya Kolesnik
This can be achieved by regulating the terms and procedure for execution of executive actions, as well as establishing levers of influence on the behavior of participants in executive proceedings in case they abuse their procedural rights, as well as ways to protect rights and interests in the event of their violation.
What rights does the debtor have during enforcement proceedings?
During enforcement proceedings, the debtor in Ukraine has a number of rights that protect his interests and provide opportunities for fair consideration and execution of court decisions.
The main rights of the debtor according to the Law of Ukraine “On Enforcement Proceedings” include:
- Right to information. The debtor has the right to receive information about enforcement proceedings, including a copy of the decision on the opening of proceedings, information about the executor and the terms of execution of the decision.
- The right to voluntary execution of the decision. After the opening of executive proceedings, he has a period for voluntary implementation of the decision. This allows you to avoid additional sanctions and costs.
- The right to challenge the actions of the executor. The defendant may challenge the actions or inaction of the executor in court, if he considers them illegal or in violation of his rights.
- The right to property protection. The debtor has the right to request the removal of the attachment from the property, if this property is not subject to collection according to the law, or if the attachment was imposed illegally.
- The right to installments or postponement of the execution of the decision. The defendant may apply to the court for postponement or installments of the execution of the decision, if there are good reasons (for example, difficult financial situation).
- The right to engage a lawyer or a representative, in particular to exercise the right to legal assistance and to engage a lawyer or other representative to protect one’s interests in the process of executive proceedings, etc.
Types of legal aid LC “Prikhodko and partners”
Debtor’s rights protection includes such types of legal assistance as:
- protection of the rights of the borrower, as well as the guarantor;
- support of credit cases;
- defense in the event of a claim, representation of interests in court;
- development of schemes for the withdrawal of property from pledge;
- stopping the foreclosure of property;
- invalidation of pledge and mortgage agreements;
- analysis of the terms of the loan agreement;
- oral and written advice on lending issues;
- recognition of the loan agreement as invalid;
- reduction of the amount of debt under the loan agreement;
- withdrawal of guarantors;
- recognition of the surety agreement as invalid;
- protection of the rights, interests and property of the guarantor;
- stopping the sale of real estate;
- recognition of the results of the auction as invalid;
- viewing court decisions in absentia on debt collection under a loan agreement;
- support of enforcement proceedings;
- appeal against the actions of the state executor;
- suspension of enforcement proceedings;
- appeal against the appraisal of property;
- appeal against a notary’s executive note;
- appeal and cassation appeal of court decisions.

- The state executor is obliged to use the rights granted to him in accordance with the law and not to allow violations of the rights and legitimate interests of individuals and legal entities in his activities.
- foreclosure is not allowed on property specified in the list of types of property of citizens, which cannot be foreclosed according to executive documents, in accordance with the appendix to the Law (table items and household items and food products for three months, etc).
- collection on the debtor’s property is applied in the amount and volume required for execution according to the court order, taking into account the collection of the performance fee, costs associated with organizing and carrying out enforcement actions, fines imposed on the debtor during enforcement proceedings. In the event that the debtor owns the property jointly with other persons, the collection is levied on his share, which is determined by the court on the proposal of the state executor.
- the debtor has the right to appeal against the decisions, actions or inaction of the state executor and other officials of the state executive service in court.
- the debtor, as well as the claimant, may file a claim with the state executive service and demand compensation for losses caused by the state executor during the enforcement proceedings.
What are the advantages of contacting our company?
| A highly qualified team of lawyers | The company’s specialists have considerable experience in the field of executive proceedings and debt collection. They will help the debtor effectively protect his rights at all stages of the process. |
| Individual approach | “Prіkhodko and Partners” approach each case individually, taking into account the features of the debtor’s specific situation and offering the most optimal protection strategies. |
| Legal support at all stages | The company provides comprehensive legal support, starting with case analysis, participation in court hearings, and monitoring the execution of the court decision, which significantly reduces risks for the debtor. |
| Protection against illegal actions | The company provides comprehensive legal support, starting with case analysis, participation in court hearings, and monitoring the execution of the court decision, which significantly reduces risks for the debtor. |
| Minimization of financial losses | The legal team is looking for opportunities to reduce the amount of debt, postpone or restructure payments, which allows to reduce the burden on the debtor. |
In order to quickly and effectively remove the attachment from your property or accounts in Ukraine, contact the specialized lawyer of the company “Prykhodko and Partners”. Time is the most important thing in solving a case. Our lawyers will help you with unblocking accounts and with litigation related to debts, loans and enforcement proceedings.
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