Appealing executive inscriptions

In accordance with current legislation,

executive inscription is an order of a notary executed on a contract concluded between a bank and a debtor, a financial institution, an MFI.

Every year, executive notarial inscriptions are becoming more and more popular. How to appeal executive orders? We will talk about this in this article. Challenging writs of execution is one of the services provided by our specialists – lawyers Prykhodko and Partners.

Why do you need an executive inscription?

Let’s start with the fact that the main purpose of the writ of execution is the possibility of collecting the debt or property of the debtor. It is for this reason that notaries certify the documents that confirm the debt, executive inscriptions.

A package of documents will be needed for effective and smooth debt collection. Its list is established by the Cabinet of Ministers of Ukraine.

Execution of an executive inscription by a representative of the notary office allows to certify the right of the lender to reimbursement of the specified sums of money or property by the debtor. Before making an executive inscription, the notary makes sure whether the lender (creditor) really had the right to do so. Executive inscriptions are executed by a notary under the conditions, if the documents that have been submitted fully confirm the indisputability of the debt. An important condition: no more than three years must pass from the date of the right of claim.

Executive inscriptions and “legal raiding”

In fact, the mechanism for recovering funds for the creditor is quite simple and effective, compared to debt collection in court. An executive inscription is an important document, which is subject to compulsory execution by executors of various subordinates (both public and private).

Already at the beginning of 2021, MFIs began to actively involve notaries in the execution of executive inscriptions on literally everything imaginable. At the same time, they provided their services for a minimum wage, not taking into account in their work the list of documents that was established by the Cabinet of Ministers of Ukraine. As you know, the debt is collected under these documents in an undisputed manner.

Executive inscriptions were made by unscrupulous notaries by the thousands, on electronic contracts, scanned copies of applications for issuing funds for loans, etc.

The above-mentioned algorithm for execution of writs has become an effective method of “legal raiding”. It was aimed at considerable earnings both for MFIs and for notaries and executors. In the presence of notaries who did not care much about their own reputation, this became another “source” of income. Anyone could be turned into a debtor in just a few mouse clicks. The following actions are blocking of accounts, withdrawal of funds, seizure of property.

The problem of protecting the violated right of a person who, as a result of “legal raiding” by an unscrupulous notary and a creditor, unjustifiably acquired the status of a debtor, is that the writ of execution can be recognized as unenforceable, only in a court of law. The current legislation does not provide for another way of protecting the violated right of the debtor.

Why is it necessary to appeal executive inscriptions?

Because 99% of them are illegal. As a result of contesting the notary’s writ of execution, the enforcement proceedings are subject to completion, the debtor is relieved of the obligation to pay the debt, the enforcement fee (remuneration of a private executor), and all encumbrances applied by the executor during the implementation of the enforcement proceedings are removed.

The law firm “Prykhodko and Partners” has sufficient experience, knowledge, and competence necessary to solve the issue of canceling the illegal writ of execution and completing the execution proceedings.