Forced collection of debt

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Kovalev Artem

Head of criminal law practice

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

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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Kovalev Artem
Head of criminal law practice

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

Contact now
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