Kolesnyk Ilya
Kolesnyk Ilya

Attorney

Phone numbers
+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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Objection to the claim for debt collection

Objection to the claim for debt collection

What is a statement of claim and objection to a statement of claim?

A claim for debt collection is a procedural document submitted to the court by a person (plaintiff) who believes that his rights have been violated by the non-fulfillment of a debt obligation by the second party (defendant).

Objection to the statement of claim is a procedural document submitted by the defendant in case of disagreement with the claim.

In the objection, the defendant sets out his arguments against the claim, refers to facts, evidence, legal norms that refute the plaintiff’s arguments.

The purpose of the objection is to convince the court to reject the claim in whole or in part. Filing an objection is an exercise of the defendant’s right to defense.

 

What should the objection contain?

The objection must contain the following information:

  • Name of the court to which the objection is filed.
  • Full name (surname, first name and patronymic) of the defendant and his place of residence or stay.
  • Full name (surname, first name and patronymic) of the claimant and his place of residence or stay.
  • The name of the claim to which the objection is filed and its details (case number, date of receipt, etc.).
  • The content of objections to the subject of the lawsuit – the defendant’s well-founded arguments about why he does not agree with the lawsuit in whole or in part. References to evidence, legal norms, etc.
  • Petition of the defendant – for example, to stop the proceedings in the case, request additional evidence, conduct an examination, etc.
  • List of attachments to objection.
  • Signature of the defendant or his representative with indication of the date.
  • List of benefits granted to the defendant upon payment of the court fee (if any).

Circumstances that indicate the groundlessness of the claim

Such circumstances in particular include:

  • Actual unconfirmed receipt of funds.
  • Invalidity of the loan agreement or other document on the basis of which claims are made.
  • Inconsistency of the amount of the debt with the actual amount of the debt.
  • Significant violations of the rules of jurisdiction or other procedural order.

 

Measures for comprehensive and objective consideration of the case

The defendant can also propose measures to the court that he considers necessary for a comprehensive and objective consideration of the case:

  • Demand additional documents or other evidence from the plaintiff that confirm the fact of the debt and its amount.
  • Appoint an expert opinion on the case – accounting, handwriting, etc. An expert opinion can confirm or deny the fact of debt.
  • Take care of review and research of written or material evidence in the case.
  • Submit a request to stop the proceedings in the case due to the impossibility of considering the case until the previous issue is resolved in another process.
  • Dismiss a judge or expert in case of doubts about their impartiality.

Such petitions of the defendant are aimed at comprehensive consideration of the circumstances of the case and protection of his rights and legitimate interests.

Objection to the lawsuit is the key to successfully protecting your interests in court!

Have you received a statement of claim and do not agree with the requirements? Don’t panic! Qualified lawyers of the company “Prykhodko and partners” will help prepare a substantive objection.

We will carefully study the circumstances of your case, advise on possible arguments against the claim, and collect the necessary evidence. Our lawyers will represent your interests in court proceedings. We are determined to have a constructive dialogue with the opponent for the peaceful settlement of the dispute. But we are also ready for decisive legal protection!

Entrust the preparation of objections to professionals! Contact “Prykhodko and partners”.

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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