Debt collection in compulsory proceedings

In writ of execution, a debt can be collected in a quick and cost-effective way for the creditor. According to the Civil Procedure Code of Ukraine, writ of execution is used when a person’s debt is undisputed and does not require lengthy court debates. Regarding the cases in which a debt can be collected through a court order, and how to do this, we will consider in the article below.

Writ of execution: what cases does the court consider?

Injunctive proceedings are a simplified method of judicial protection of creditors’ rights, which allows for the collection of undisputed debts without a court hearing. It is implemented by considering an application for a court order and is used only for the consideration of categories of cases clearly defined by law, in particular regarding the collection of:

• a worker’s accrued but unpaid wages, compensation for their delay by the employer;
• expenses for the search by the internal affairs bodies of the defendant, child or vehicle;
• debt for housing and communal services, television, mobile communications, as well as inflationary charges;
• alimony as a percentage of official income or in the form of a fixed sum of money;
• funds for providing a person with goods of inadequate quality.

Important to know! The amount of debt in the cases specified above must not exceed 100 times the subsistence minimum (302,800 hryvnias).

The procedure for collecting debt in compulsory proceedings: how to obtain a court order?

Obtaining a court order is the only way to collect a debt in compulsory proceedings. The entire process of obtaining the relevant court decision is as follows:

• first, preparing and submitting an application for its issuance by the court. Such a document must be drawn up in writing and contain information about the collector and the debtor (name, legal address, contacts), specific requirements for the return of the debt in the appropriate amount of money (provide documentary confirmation of the amount received), the circumstances on which they are based;
• second, submitting additional documents to the application for the court. Such documents will be those evidence that confirm the requirements, in particular, the contract, calculation of the amount of debt, bank statements, etc. It will also be necessary to provide the original receipt for payment of the court fee for filing the application (is 302.8 UAH);
• thirdly, waiting for the court’s response within 5 days from the date of receipt of the application. The court has the opportunity to decide either to issue or refuse to issue the relevant court order;
• finally, waiting for such a document to enter into legal force within the next 15 days. The main condition will be the absence of an application to cancel the specified document.

When can a case on debt collection from injunctive proceedings be transferred to claim proceedings?

The main reason for this is the application of the debtor himself. In it, he is able to submit his objections to the existence of the debt itself or the accrued amount, as well as justify the need to consider such a case in claim proceedings. A sufficient reason for this will be the existence of a dispute between the creditor and the debtor. Moreover, the case can be considered within the framework of claim proceedings at the initiative of the creditor, if the court has given an affirmative answer to the application for cancellation.

How to cancel a court order to collect debt?

A court order, although not subject to appeal under the law, may be canceled at the request of the debtor. As noted earlier, for this, he must submit an appropriate application to the court, where he justifies the illegality of the creditor’s claims (for example, the absence of debt at all). It is important to have time to submit it to the court within 15 days from the moment when it became known about the decision.

Important to know! If for good reasons a person missed the deadline for submitting an application to cancel the relevant court order, then he has the opportunity to additionally apply for its renewal and provide evidence confirming the relevant circumstances (for example, a certificate from the hospital about undergoing treatment).

Legal support for debt collection in injunctive proceedings: what services does our lawyer provide?

When it comes to debt and possible ways to collect it, an experienced lawyer from our company “Prikhodko & Partners” can provide comprehensive case support for the creditor. The main services of our specialist include:

1. analysis of documents (in particular, the contract) to determine the amount of debt and accrued compensation;
2. legal assessment of the situation and provision of advice on the procedure for further actions;
3. sending a written claim with a demand for repayment of the debt, if the creditor wishes to settle this issue in a pre-trial procedure (if necessary);
4. drawing up an application for the issuance/cancellation of a court order and submitting it to the court;
5. preparation of other necessary documentation to be attached to the application;
6. representation of the client’s interests in court in the event of the case being referred for consideration in lawsuit proceedings (if necessary).

Contacting a lawyer guarantees you quick and unhindered debt collection in writ proceedings. To find out the cost of legal support, please fill out the form below.