Debtor's rights protection

Debtor’s rights protection

One of the conditions for the effective execution of court decisions is the proper and timely fulfillment of the duties assigned to them by all participants in the enforcement proceedings. Ugrin Svyatoslav

This can be achieved by regulating the timing and procedure for performing enforcement actions, as well as establishing leverage on the behavior of participants in enforcement proceedings in the event that they abuse their procedural rights, as well as ways to protect rights and interests in the event of their violation.

Types of legal aid

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 current legislation of Ukraine provides for ways to protect the debtor’s rights, which are sufficient and may fall under the definition of “minimum”:

• 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.

How we work: