Kolesnyk Ilya
Kolesnyk Ilya

Attorney

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+38 (073) 007-44-49 +38 (073) 007-44-54

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

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Debt write-off for utility services

Debt write-off for utility services

The issue of paying for communal services remains acute for a certain part of Ukrainians under martial law. Due to declining incomes, unemployment, destruction of housing and infrastructure, many families find themselves in a difficult situation and cannot pay utility bills on time and in full. As a result, debts for housing and communal services accumulate.

In such a situation, the idea of ​​writing off these debts becomes attractive for many consumers. After all, communal debts become a significant financial burden, which only increases the difficult financial situation.

However, under what conditions is it possible to write off such debts?

Legislative regulation

Currently, there are no regulations in the legislation that would provide for full or partial write-off of debts for communal services for all categories of consumers. At the same time, the Resolution of the Cabinet of Ministers of Ukraine No. 206 dated 05.03.2022 established temporary restrictions for the period of martial law:

  1. Prohibition of debt collection for utility services incurred after February 24, 2022, for residents of war zones and temporarily occupied territories. This prohibition applies only if consumers document their temporary absence from these accommodations.
  2. Prohibition of charging fines, penalties and other sanctions on public debts for communal services, regardless of the date of their occurrence.
  3. Prohibition of disconnection of public utility services due to non-payment

Приходько та партнери

However, these restrictions are temporary for the duration of the martial law and do not provide for the full write-off of debts. After the end of martial law, utility companies will be able to demand the payment of accumulated debts, including through the court and executive service.

Debt cancellation procedure

Consumers of utility services have a legal opportunity to initiate the write-off of their debts to suppliers. However, a certain prerequisite is necessary for this – the service provider must first apply to the court with a claim to collect the debt from the consumer.

If during the court proceedings the court sides with the consumer, he may be given the right to write off utility debts. This is possible under several circumstances:

  1. If the consumer’s debt to the supplier exists for more than 3 years.
  2. If the debt arose due to the accrual of funds by the previous owners of the home, which the consumer is forced to pay.
  3. If the supplier charged the consumer the debt incorrectly, not in accordance with the actual area of ​​his home.
  4. If the consumer is officially recognized as bankrupt in a court of law.

Under certain circumstances, when the consumer proves his right in court, he can achieve write-off of accumulated debts for utility services in accordance with current legislation.

Help of professional lawyers

Debt write-offs for utility services can be quite complicated. To successfully resolve such a situation, contact the lawyers of the company “Prykhodko and Partners” for qualified legal assistance.

The company’s experienced lawyers specialize in debt cases. They will help prepare all the necessary documents, arguments and represent interests in court for the most successful resolution of cases related to debt write-off for utility services.

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The amount of the debt exceeds 180,000 hryvnias?

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Debtor's rights protection

A statement of claim for the removal of a seizure from a bank account A statement of claim for the removal of seizure from property A statement of claim for the removal of the attachment from the debtor’s funds Appealing a loan agreement Appealing executive inscriptions Appealing the executive proceedings in case of imposition of a fine by the TCC Application for writing off interest on the loan Bank protection Claim for cancellation of debt for communal services Claim to lift seizure of property and accounts Close a loan in cryptocurrency Collector protection Complaint to the NBU against the MFI Credit history appeal Credit history check Debt cancellation in court Debt collection during martial law Debt collection for utility services during the war Debt collection from military personnel Debt write-off for utility services Determination of a current bank account for spending transactions Exemption from loan debts Forced collection of debt Freeze credit Individual bankruptcy Judicial debt restructuring outside of bankruptcy proceedings Judicial support of cases with the Unified State Register of Legal Entities Lawsuit for recognition of a natural person as bankrupt Lawyer for credit debts Lawyer under Art. 200 of the Criminal Code – Illegal actions with transfer documents, payment cards and other means of access to bank accounts, electronic money Lawyer under Article 302 of the Criminal Code – Creation or maintenance of places of debauchery and solicitation Legal analysis of credit agreements Legal assistance with microcredits (MFIs) Objection to the claim for debt collection Recalculation of the amount of the debt in court Recognizing a natural person as bankrupt Redemption of a loan or debt Removal from the unified register of debtors Removal of encumbrance from movable property Removal of seizure from property in enforcement proceedings Removal of seizure from the account for payment of wages Removal of seizure from the debtor’s account Removal of seizure from the debtor’s property Remove the arrest from the apartment Remove the attachment from the account, property, apartment, car Response to the claim for debt collection by receipt Restructuring debt on a mortgage loan in foreign currency Restructuring of foreign currency loans Restructuring of PrivatBank credit card debt Salary account unlocking Statement of claim for collection of debt for utility services Statement of claim for debt collection under a credit agreement Statement of claim for debt collection under a loan agreement Statement of claim to appeal the actions of a state enforcement officer Sue the bank Termination of executive proceedings of a serviceman The single register of debtors is the price of removal from the register of debtors Unlocking debtors’ account Write-off of accrued interest during martial law on loans for military personnel Write-off of debts of an individual in Ukraine Write-off of interest on a loan to the military in Ukraine Write-off of loans and interest on loans to female military personnel Write-off of single tax debt (SP) due to bankruptcy Writing off debts and loans