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

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.