Statement of claim for debt collection under a loan agreement

When a debtor does not repay the funds under a loan agreement, there is a need to legally protect the interests of the lender. In most cases, the most effective way is to apply to the court with a statement of claim for debt collection. Such a statement is not just a formality, but a procedural document that paves the way for the legal return of funds. In order for the court to satisfy the claim, it is important to correctly formulate the requirements, substantiate the legal position and collect the appropriate evidence. In this article, we will consider how to clearly prepare a statement of claim, what documents to attach, what legal norms to refer to, and how to avoid common mistakes.

What is a loan agreement and its features

A loan is a civil law agreement that involves the transfer of funds or things by one party to another with the obligation to return them. According to the Civil Code of Ukraine, a loan agreement is considered concluded from the moment of the actual transfer of property. This means that even without a written agreement, obligations may arise – a receipt or confirmation of the transfer is enough.

It is worth considering that:

• If the loan amount does not exceed ten times the tax-free minimum, the agreement may be oral;
• If the amount is larger or at least one party is a legal entity – a written form is required;
• The key evidence is the fact of the transfer of funds – this can be a bank statement, receipt or other document.

Grounds for filing a claim for debt collection

A claim may be filed in the event of the borrower’s failure to fulfill his obligations under the loan agreement, in particular:​

1. Failure to repay the loan amount: after the expiration of the term established by the agreement.​
2. Breach of repayment terms: if the borrower has delayed the fulfillment of the obligation.​
3. Refusal to repay: when the borrower refuses to repay the loan without legal grounds.​

The Civil Code clearly states that the borrower is obliged to repay the amount within the term stipulated by the agreement. If the term is not established, the money must be returned within 30 days after the claim is filed. That is why it is very important to record a written claim to the debtor.

Structure and content of the statement of claim

The statement of claim must comply with the requirements of the Civil Procedure Code of Ukraine. It is a legal instrument that must clearly and convincingly prove the existence of grounds for satisfying the lender’s requirements. An improperly drawn up statement may be left without consideration or returned to the plaintiff to eliminate deficiencies. Therefore, each element must be structured and completed in accordance with legislative requirements. The statement must necessarily contain:

1. Name of the court to which the statement is filed – the exact name of the court at the place of registration of the defendant or at the choice of the plaintiff in cases provided for by law is indicated.
2. Information about the plaintiff: full name, address of registration and actual residence (if different), contact numbers, e-mail.
3. Information about the defendant: similar data that allow the court to identify the debtor.
4. The essence of the claims: a detailed description of the circumstances of the case, a sequential description of the events that led to the debt, an indication of the norms of substantive and procedural law that confirm the legality of the claims.
5. Annexes and documents attached to the application: all available written evidence, receipts, correspondence, copies of documents.
6. Date of application submission and signature of the plaintiff: mandatory details that formalize the submission of the application.

Required documents for filing a claim

The following documents should be attached to the claim, which play a key role in proving the legitimacy of the plaintiff’s claims:

1. A copy of the loan agreement or receipt confirming the fact of the transfer of funds. If a written agreement was concluded between the parties, it must contain the borrower’s signature, the loan amount, repayment terms and terms.
2. Documents confirming the transfer of funds: these can be bank statements, payment orders, receipts from a bank or post office, receipts for receiving funds in cash.
3. A copy of the plaintiff’s passport and identification code: required to identify the person filing the claim.
4. Evidence of sending a demand for debt repayment: registered letters with a notification of delivery, electronic correspondence, notarial notices. If the repayment term was not specified in the agreement, the lender’s demand for repayment is a prerequisite for the deadline for performance.
5. Court fee receipt: confirms that the plaintiff has paid the amount established by the state for filing a lawsuit.

The importance of legal support

Court practice shows that even obvious cases can be lost due to technical errors or a weak evidentiary base. Legal support is not a luxury, but a practical necessity, especially when it comes to money. If you want to increase your chances of winning, contact lawyers.

The company “Prykhodko and Partners” specializes in debt collection and bankruptcy cases. Our lawyers will help you draft a flawless statement of claim, collect the necessary evidence and effectively defend your interests in court.

Sign up for a consultation today to save time and money. Get yours back — legally!