Kovalev Artem
Kovalev Artem

Head of criminal law practice

Phone numbers
+38 (093) 007-44-03 +38 (073) 007-41-81

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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Forced collection of debt

Forced collection of debt

Quite often there are problems with the payment of debt obligations. Of course, each case is individual. It is best to enlist the support of professional lawyers – specialists of the Prykhodko and Partners law office. In this article, we will consider in detail the procedure for recovering problematic debt.

Peculiarities of recovery of problem debt

At the heart of debt collection through radical methods is a process in which representatives of the court or executive authorities use legal means to recover an existing debt, the repayment of which did not take place according to the agreements specified in the contract.

Recovery of problematic debt involves the following measures:

  1. Seizure of the debtor’s property.
  2. Withholding of wages.
  3. A number of other actions aimed at the prompt return of debt under credit obligations.

At the same time, it is very important that executive authorities take into account the interests and rights of both debtors and creditors. Everything should be exclusively within the framework of current legislation. For example, in the process of enforcement proceedings, the state bailiff must issue a decision on the initiation of proceedings no later than every other day. It is in this resolution that the debtor’s obligation to submit a Declaration on property and income is clearly stated. Also, as a separate item, there is a warning against entering inaccurate information into the Declaration or its untimely submission.

Simultaneously with the commencement of enforcement proceedings, data on the debtor is entered into the Unified Register of Debtors.

Among the ways to solve the problem with the payment of debt obligations:

  • Pre-trial settlement

The conflict situation is resolved with the help of an amicable agreement between the creditor and the debtor.

  • Debt collection through court

This option should be considered in cases where it is impossible to reach an amicable agreement with the debtor.

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Forced debt collection: in what cases is it necessary?

Among the most common cases when debt enforcement may be necessary:

Non-fulfilment of payment obligations

When the person who took the funds on credit does not regularly pay the fixed payments specified in the contract, the creditor can apply to the court.

Judgment

If the court made a decision in favor of the creditor with a fixed amount of the debt, however, the debtor did not comply with this decision, the creditor can use the procedure of forced collection of the debt.

Availability of executive letter

In cases where the creditor receives a writ of execution from the court confirming the existence of the debt, the executive authorities begin the process of forced recovery.

Debt of the enterprise

If the debtor is a legal entity, the procedure for forced collection of the debt may be applied in cases where the debtor refuses to repay the debt in accordance with the conditions specified in the contract.

Therefore, in most cases, forced debt collection is used in the absence of other debt settlement methods.

Assistance of debt collection lawyers

Lawyers Prykhodko and Partners have developed the most effective methods of interaction with debtors. We act exclusively within the framework of the current legal framework.

For example, if the court issued a decision on compulsory collection of the debt, then the defendant has a one-month term to repay the payment for the credit obligations.

We will help prevent complications that accompany the debtor’s repayment process. Our specialists will be able to achieve an effective result at the stage of executive proceedings.

Приходько та партнери

Each of our clients can count on:

  • Prompt response.
  • An individual approach to each specific case.
  • Effective decision-making.
  • Professional assistance during the consideration of the case in court.

We advise our clients 24/7.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of the services of a debt collection lawyer, fill out the form below.

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Has the preparation of documents to resolve the issue already started?

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Is it possible to go through the bankruptcy procedure if the debt is less than 180,000 UAH?

Bankruptcy can be filed regardless of the amount of debt — there are no minimum limits set by law. However, if the amount of debt is less than UAH 180,000, it is usually more advisable to agree on debt restructuring, as bankruptcy may be economically unprofitable.

If I am not in Kyiv, can I cooperate with you?

Yes, we work remotely throughout Ukraine and even with clients abroad! We have many clients from Lviv, Odessa, Dnipro, Kharkiv, Cherkasy and other settlements.

Communication is carried out in any way convenient for you.

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Individual bankruptcy

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Liquidation of the company under the bankruptcy procedure

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Liquidation of a company through bankruptcy proceedings

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Bankruptcy of an individual

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Bankruptcy

Agreement on the assignment of the right of claim An appeal against a court decision on debt collection Anti-collector Application for initiation of bankruptcy proceedings Assignment of the right of claim under the credit agreement Bankruptcy certificate for legal entities Bankruptcy of a legal entity Bankruptcy of a utility company Bankruptcy of an individual Bankruptcy of an individual entrepreneur Bankruptcy of individuals Certificate from the Unified Register of Enterprises in respect of which bankruptcy proceedings have been initiated Challenging the executive inscription of the notary on the loan Checking the availability of loans for an individual Collect the debt from the guarantor Consultation of a lawyer regarding credit debts Consultation on bankruptcy of an individual Corporate Bankruptcy (Company Bankruptcy) Credit debt collection Credit lawyer Credit restructuring in a bank/microfinance organization Debt cancellation Debt collection for housing and communal services Debt collection under a credit agreement Debt collection under the factoring contract Debt collection under the loan agreement Debt restructuring for housing and communal services Debt restructuring under a credit agreement Debt write-off for credit / microloans Debt write-off in bankruptcy Declaration of bankruptcy Development of a contract of assignment of the right of claim Development of a debt receipt Development of a loan agreement between individuals EBRD lending Executive proceedings for communal services Fictitious bankruptcy File for bankruptcy Financial rehabilitation and bankruptcy of enterprises Forced collection of debt Forced collection of debt under a credit agreement Gas debt restructuring How to get a certificate of bankruptcy / no bankruptcy? Individual Bankruptcy Lawyer Judicial debt restructuring outside of bankruptcy proceedings Lawyer for credits and microloans (MFI) 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 advice on loans Legal analysis of credit agreements Legal assistance with microcredits (MFIs) Legal support of the assignment of the right of claim Legal support of the bankruptcy procedure Liquidation of a company through bankruptcy proceedings Liquidation of a legal entity Liquidation of LLC with debts Liquidation of the company under the bankruptcy procedure Mortgage write-off under the bankruptcy procedure Obtaining a certificate of absence of bankruptcy Opening of bankruptcy proceedings Protection of creditors’ rights during the liquidation of a legal entity Protection of creditors’ rights in bankruptcy Protection of the rights of consumers of banking services Recognizing a natural person as bankrupt Removal of seizure from the account for payment of wages Removal of seizure from the debtor’s accounts Restructuring debt on a mortgage loan in foreign currency Restructuring of electricity debt Restructuring of foreign currency loan Restructuring of foreign currency loan Privatbank Restructuring of foreign currency mortgage Restructuring of heating debt Restructuring of the debtor’s debts Sanitation of the debtor in bankruptcy cases Sanitation of the enterprise Statement of claim for collection of debt for utility services Statement of claim for debt collection Statement of claim for debt collection under a credit agreement Statement on insolvency of a natural person Support of creditor in the bankruptcy procedure Support of creditors in the debt collection procedure Support of creditors in the restructuring procedure Support of the bankruptcy procedure of a legal entity Support of the bankruptcy procedure of an individual The bankruptcy procedure of an individual Voluntary liquidation of a legal entity through the bankruptcy procedure Write off a loan for a mortgage (housing) Write off a mortgage loan Write-off of accounts payable Write-off of Borgs for utility services Write-off of loan debt for the guarantor