Challenging a notary’s executive inscription

About the executive inscription of the notary in simple words

An enforcement writ is a notary’s order to forcibly collect money from a debtor or claim property, which is drawn up as a special writ on a document confirming the debt (for example, on the original contract or debt document).

When a notary can issue an executive inscription:

• The debt must be indisputable (that is, the debtor does not deny its existence)
• There are all documents confirming the debt (contracts, receipts, etc.)
• The statute of limitations has not expired (usually 3 years)
• The creditor previously notified the debtor in writing about the existence of the debt

The most common cases of use:

• Debt under credit agreements
• Debts under loan agreements
• Non-payment under leasing contracts, etc

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Why can the notary’s executive inscription be challenged

The most frequent grounds for appeal:

• Lack of indisputability of the creditor’s claims
• Skipping the statute of limitations
• Violation by the notary of the procedure for making the inscription
• Lack of necessary documents
• Non-notification of the debtor about the existence of debt
• The executive inscription was made according to a document that was not notarized.

Jurisdiction of the case (where to file a lawsuit)

As a general rule, Claims are submitted to the court at the location of the Defendant, but in this case there is an alternative jurisdiction, which provides for the filing of a claim against the debt collector for recognition of the notary’s executive writ as unenforceable, or for the return of the notary’s levied under the executive writ also at his location implementation.

Appeal period

The term of appeal of the writ of execution is 30 days from the day you learned about its execution.

Practical advice: If you missed the deadline for good reasons, add to the lawsuit a request for its renewal with evidence of good reasons (hospital, business trip, etc.).

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Court fees

The size of the court fee depends on the amount of the enforcement writ:

• For individuals: 1% of the amount of requirements, but not less than 0.4 of the subsistence minimum and not more than 5 of the subsistence minimum
• For legal entities: 1.5% of the amount of claims, but not less than 1.5 of the subsistence minimum and not more than 350 of the subsistence minimum

Practical advice: If the recovery amount is large, you can ask the court to pay the court fee in installments.

Step-by-step instructions for appealing

1. Preparation of documents

• Copy of executive inscription
• Evidence of violation of your rights
• Documents refuting the creditor’s claims
• Receipt for the payment of the court fee

2. Drawing up a statement of claim

In the claim, it is necessary to specify:

• The name of the court
• Your data and data of the defendant (creditor)
• Information about the notary as a third party
• The circumstances of the case
• Grounds for the illegality of the inscription
• The requirement to recognize the inscription as unenforceable

Nuance: We recommend also asking the court to stop execution of the inscription as security for the claim. Otherwise, it may happen that in parallel with the consideration of your case, the enforcement service will begin to collect money or property from you, and as a result, the court will recognize the enforcement writ as illegal.

3. Filing a lawsuit

Submission methods:

• Personally through the court office
• By mail with a description of the attachment
• Through the “Electronic court” system

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Actual judicial practice on appeals of executive inscriptions

Case No. 910/3027/23 dated September 26, 2023 (Supreme Court)

The essence: the Bank received an executive writ of debt collection under the credit agreement

Solution: The inscription is cancelled

Reason: The bank did not provide evidence of sending the debtor a notice of indebtedness. The mere fact of the presence of a notice in the case file does not prove that it was sent to the debtor.

Important conclusion: The creditor must prove not just the presence of the notice, but the fact of its receipt by the debtor.

Case No. 638/22347/22 dated 07/05/2023 (Supreme Court)

The essence: Appealing the writ of execution regarding debt collection under the loan agreement

Decision: The inscription is recognized as unenforceable

Reason: The existence of a dispute between the parties regarding the amount of debt. The debtor sent a letter of objection even before the writing was executed.

Important conclusion: If the debtor denies the amount of the debt before the inscription is made, the claim loses the sign of indisputability.

Case No. 927/287/23 of April 12, 2023 (Commercial Court)

Essence: Debt collection under the lease agreement

Solution: The inscription is cancelled

Reason: The notary did not properly check the statute of limitations

Important conclusion: The three-year term must be calculated separately for each overdue payment.

Справа №760/14384/23 від 31.08.2023

Essence: Debt collection for utility services

Solution: The inscription is cancelled

Reason: The documents provided by the utility company did not confirm the indisputability of the debt

Important conclusion: Unilateral debt settlements without confirmation by the debtor are not sufficient evidence.

Calculate the cost of a lawyer’s assistance on appeal

Practical tips for successfully challenging a notary’s writ of execution

1. Before filing a lawsuit:
   • Collect all the documents confirming your position
   • Analyze the notary’s compliance with the procedure
   • Check the statute of limitations
2. During the consideration of the case:
   • Submit a request for documents
   • Record violations of the procedure
   • Provide written explanations
3. Typical mistakes to avoid:
   • Missing the appeal period
   • Incorrect definition of jurisdiction
   • Lack of evidence of violation of rights
   • Inadequate substantiation of claims

Legal support

The lawyers of our company have considerable experience in successfully contesting executive orders of notaries. We undertake full support of the case, providing:

• Analysis of the prospects of the case
• Preparation of all necessary documents
• Representation in court
• Accompaniment until the complete cancellation of the inscription

Challenging a writ of execution is a complex but very real process. The main thing is to act quickly, competently and have adequate evidence. With the right approach and compliance with all procedural requirements, the chances of a successful appeal increase significantly.

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