Prikhodko&Partners
Services
Debtor's rights protection
Bankruptcy Statement of claim for debt collection under a credit agreement

Kolesnyk Ilya

Attorney

E-mail

kolesnyk@prikhodko.com.ua

Phone numbers

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

Statement of claim for debt collection under a credit agreement

Situations when a person cannot repay a loan on time are a common occurrence in the modern world. The main reasons are the loss of stable income, dismissal from work or economic crisis. In such cases, creditors are forced to take measures to return funds, including applying to court with a statement of claim for the collection of debt under a loan agreement. A statement of claim is an integral part of the process of protecting the interests of the creditor, since the loan agreement establishes clear obligations between the parties.

It will also be useful: Lawyer for credit debts

The process of debt collection includes several stages, each of which has its own characteristics and legal aspects, which are determined by the current legislation of Ukraine.

Get legal advice on debts

Debt collection procedure: three main stages

The process of returning credit debt can be conditionally divided into three stages: pre-trial settlement, trial and enforcement proceedings.

Pre-trial settlement of the dispute

At the first stage, the creditor tries to collect the debt without involving the court. This includes:

Reminding the debtor of the debt. The credit institution sends SMS messages, letters or calls the borrower.

Making demands for repayment. According to the legislation of Ukraine, the creditor has the right to demand the fulfillment of obligations within the period established by the contract.

If the debtor does not respond to the appeal, the financial institution is forced to file a lawsuit in court.

Important: The statute of limitations in such cases is set in accordance with the article of the Civil Code of Ukraine, unless otherwise provided by the contract.

Judicial review

The creditor files a claim with the court at the debtor’s place of residence. The claim must meet the requirements stipulated by the articles of the Civil Procedure Code of Ukraine and include information about the parties (plaintiff and defendant); the price of the claim (amount of debt, interest, penalty); evidence of the debt formation (contract, payment schedule, calculation of debt).

The judge makes a decision based on the submitted documents. If the debtor does not agree with the decision, the case may be transferred to the court of appeal.

Enforcement proceedings

After receiving the court decision, the case is transferred to the state enforcement service. Executors may withhold part of the debtor’s income; seize property (apartment, car, jewelry, etc.); sell property to repay a debt.

According to the Law of Ukraine “On Enforcement Proceedings”, essential items such as clothing or tools needed for work cannot be seized.

The price of a lawyer’s services in a debt case

How to write a statement of claim: structure and requirements

To successfully file a claim, the creditor must write the statement correctly, since the outcome of the court proceedings depends on its content. A typical structure includes:

Title: It indicates the name of the court to which the statement is filed, as well as the details of the plaintiff and defendant (their full name, address and contact information).
Introductory part: This part describes the circumstances of the conclusion of the credit agreement, its main terms, as well as the justification for the borrower’s obligations.
Description of the violation: This section specifies in detail what constitutes the debtor’s violation of his obligations, for example, late payments or failure to fulfill the terms of the credit agreement.
Requirements: This section indicates the plaintiff’s financial claims: the principal amount of the debt, the amount of penalties, interest and legal costs.
Appendices: Documents confirming the stated circumstances are attached to the statement: copy of the loan agreement, debt calculation, correspondence with the debtor, receipts for payment of court fees, etc.

Recommendations for creditors and debtors

For creditors:

Collect all documents confirming the debt.
Try to resolve the dispute pre-trial.
Follow the requirements of the law when drawing up a claim.

For debtors:

Avoid ignoring the creditor’s demands.
Contact a lawyer to protect your rights.
Use the possibility of debt restructuring.

A statement of claim for debt collection is an effective tool for a creditor that helps protect his financial interests. However, it is important for both the creditor and the debtor to know their rights and obligations, act within the law and, if necessary, seek help from specialists.

Legal assistance

Resolving legal issues related to debt collection requires a professional approach and detailed knowledge of the legislation. The company “Prykhodko and Partners” offers a full range of legal services in this area. Our lawyers have many years of experience in preparing claims, representing clients in court, and effectively supporting enforcement proceedings. We understand the importance of an individual approach to each case and guarantee high quality services.

By contacting us, you will receive not only consultation, but also practical assistance in defending your rights. Do not hesitate, contact “Prykhodko and Partners” today and entrust the resolution of your legal issues to professionals!

Calculate the cost of services

1 question

Are you interested in a claim for debt collection under a credit agreement?

Yes

2 question

Are you in Kyiv?

Yes

3 question

Do you need the service urgently?

Yes

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.

Successful cases on the topic: