Senior lawyer
Lawyer in the practice of bankruptcy of individuals and individual entrepreneurs. Specializes in write-off of bank and MFI loans through the bankruptcy procedure.
Claim for cancellation of debt for communal services
Sometimes citizens find themselves in financial difficulties that make it difficult or impossible for them to pay for utilities such as heating, electricity, gas and water. In such difficult situations, the question arises whether it is possible to write off debts for these services.
In other words, when people, due to various circumstances, are unable to pay utility bills, they can look for ways to get rid of accumulated debts for these services. Therefore, the question of writing off debt for communal services becomes relevant for some people who find themselves in a difficult situation.
Reasons for writing off the debt for communal services
The legislation of Ukraine provides for a number of grounds on which the debt for communal services can be cancelled.
These grounds include:
Death or death of the consumer: in this case, the debt is canceled from the date of death or death of the consumer.
Recognition of the consumer as missing: the debt is canceled from the date of entry into legal force of the court decision on recognition of the consumer as missing.
Disconnection of the residential premises from the centralized supply networks of housing and communal services: the debt is canceled from the date of disconnection.
Provision of a subsidy for the reimbursement of the costs of housing and communal services: the debt is canceled in the part covered by the subsidy.
Other cases provided for by law: for example, natural disasters that damaged the residential premises and made it impossible to live in it.
Cancellation of the debt for communal services through the court
Legislation provides for cases when the debt for communal services can be cancelled. This is possible if there are relevant reasons, such as the death of the consumer, his recognition as missing, disconnection of housing from utility networks, receipt of a subsidy or as a result of a natural disaster. However, to write off such a debt, it is necessary to apply to the court with a lawsuit.
The statement of claim must contain:
- name of the court,
- data of the plaintiff and the defendant,
- detailed statement of circumstances,
- evidence to confirm these circumstances and clear claims for debt cancellation.
After filing the lawsuit, the court will schedule a hearing to consider the case. During the meeting, all evidence and circumstances provided by the parties will be examined. Based on the results of the review, the court will make a decision: to satisfy the claim and cancel the debt, or to reject the claim, leaving the debt valid.
Importantly!
Before filing a lawsuit, you should consult with a lawyer. A specialist will help to correctly draw up a lawsuit, collect the necessary evidence and protect your rights and interests in court.
To get a positive result, contact the company “Prykhodko and Partners” for professional legal assistance. Specialists of this company have a lot of experience in the field of consumer rights protection, have a thorough knowledge of the law and are ready to help in a qualified manner with solving the problem of canceling the debt for communal services.
Remember that a timely request for legal help can significantly increase the chances of successfully canceling the debt for utility services and protecting your rights as a consumer.
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The amount of the debt exceeds UAH 180,000?
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