Recalculation of the amount of the debt in court

Recalculation of the amount of debt in court is a legal process that requires consideration of many aspects. The procedure of judicial recalculation of the amount of the debt requires the preparation of the evidence base, justification of the need for such recalculation, and clear observance of procedural norms.

Grounds for calculating the amount of debt

Grounds, taking into account which the court can recalculate the amount of the debt:

• Exchange rate change.

This basis is especially relevant in cases where the debt is in foreign currency. The court can transfer the amount of the debt into the national currency (hryvnia) at the exchange rate set by the National Bank of Ukraine on the day of the obligation’s fulfillment.

• Inflationary processes.

The court may apply the inflation index for the period from the moment of the obligation’s occurrence to the moment of its actual performance. Official data of the State Statistics Service of Ukraine are used for the calculation.

Importantly! Indexation can only be applied to the principal amount of the debt, not to penalties or interest.

• Errors in calculations.

The court has the right to correct errors related to technical, mathematical or logical situations in determining the amount of the debt and to perform a recalculation based on the correct initial data and correct calculation methods.

• Other circumstances.

Recalculation of the amount of the debt is also provided for in other circumstances that affect the amount of the debt:

• change in legislation;
• force majeure circumstances;
• partial fulfillment of an obligation that was not taken into account during the initial determination of the amount of the debt;
• changing the terms of the contract by mutual consent of the parties.

The procedure for calculating the amount of the debt

Recalculation of the amount of the debt in court requires strict compliance with the procedural norms:

• Appeal to the court with a claim.

The statement of claim is submitted to the court at the location of the defendant or at the place of performance of the contract, unless otherwise stipulated by the terms of the contract.

If the amount of the claim exceeds the threshold established by law, the case will be considered in the order of general claim proceedings, in other cases – in the order of simplified claim proceedings.

• Justification of the claim.

In the statement of claim, it is necessary to set out in detail the circumstances that became the basis for applying to the court, and to add all the available evidence of this.

• Participation in the court session.

After the opening of the proceedings in the case, the court appoints a preparatory meeting at which procedural issues are resolved and the order of consideration of the case is determined. In the course of the trial, the parties have the right to provide evidence, make motions, and give explanations to the court.

• Adjudication.

Based on the results of the case review, the court makes a decision on the satisfaction of the claim (in full or in part) or on the refusal to satisfy the claim.

• Appealing the decision and its implementation.

The parties have the right to appeal the court’s decision in the appeal procedure within the period established by law.

Important aspects

There are several important aspects in the context of recalculating the amount of the debt in court:

• You should pay attention to the terms of filing a claim.

Importantly! Missing the statute of limitations can be grounds for refusing to grant a claim if the opposing party claims it.

• Formation of the evidence base.

The claimant must provide all the necessary documents that confirm the existence of the debt obligation, such as contracts, receipts, acts of reconciliation, etc. In addition, it is necessary to submit detailed calculations that justify the new amount of debt.

• Attracting qualified legal assistance.

Considering the specifics of debt recalculation cases, the need for a qualified specialist is particularly important. The lawyer will help to correctly formulate claims and justify them from the point of view of legislation, prepare the necessary evidence base and present it correctly to the court. In addition, the specialist will develop an effective strategy for conducting the case in court, anticipating possible objections of the opposite party and counterarguments.

Do not delay and contact the legal company “Prykhodko and partners” to get proper protection and support in transferring the amount of the debt in your favor.