Having a debt does not make you powerless. We will help protect your rights Ugrin Svyatislav
WHAT TO DO IF YOU ARE THREATENED BY COLLECTORS?
The consequence of the formation of the credit market was that many citizens of Ukraine issued financial loans without objectively assessing their own solvency. Since it is not profitable for credit companies to engage in the collection of small unsecured debts from their borrowers, they practice transferring outstanding loans to collection companies.
The relevant agencies in this situation overcome the debtor by phone calls, write to him and at the same time often threaten. What to do if you, to put it mildly, are worried about collectors, now worries many. But, at the same time, financial debt does not affect the legal human rights granted to him by the norms of current legislation.
How collection companies work
First, let’s clarify who the collectors are in essence. The institutions in which they work are engaged in the collection of problem, overdue loans. These organizations are a type of factoring financial institutions that buy out debts of debtors “cheap” and “live” on the interest received.
Despite this, the cooperation of credit institutions with collection companies is mutually beneficial, since the process of collecting money debts is not very simple: it takes time and funding.
Lawsuits with the help of a collection attorney regarding outstanding loans often last for years and often end in a decision in favor of the debtor rather than the loss-maker.
Collection companies are financial firms that buy out credit debts with the right to later collect them from the defaulter.
Transfer of debt to collection companies
Since it is not profitable for credit companies to sue their unscrupulous borrowers, they often practice transferring debts of defaulters, or rather, selling them to collection agencies.
The debt of a bank client can be sold to collectors through its closure or a significant delay in the loan payment.
In this case, for the client itself, only the details for repaying the debt are changed, while the amount of the debt amount is preserved.
For a bank to exercise its right to transfer client debts to a collection company, there is no need for a court decision. Most often, this right of a financial institution is indicated in loan agreements.
With a slight delay in repayment of loans, it is 1 or 2 months, and there is no refusal of the client from the loan obligations taken, his debts cannot be transferred to third parties.
The condition for the sale of the relevant debts is a delay in payment of the loan for a period of three months, if such a situation does not contradict the content of the agreement concluded between the borrower and provided him with a loan by the Bank (MFO).
If the client’s debt is transferred to another financial institution with all the ensuing consequences, the debtor must be informed about this.
It is not uncommon for employees of collection structures to represent persons engaged in fraud. Such offenders usually obtain information about the borrowers of banks in an illegal way. Payments to the appropriate fraudsters have nothing to do with legal debt repayment. These illegal actions entail criminal liability in accordance with the Criminal Code of Ukraine (Article 190).
The basis confirming the transfer of rights related to the collection of a loan debt, the conclusion of a factoring agreement between a credit institution and a collection agency. In this case, the client retains the right to apply to the banking authority in which he took out a loan and to clarify the data on the transfer of his debt to collectors.
The refusal of collectors to provide documentation confirming their authority can be interpreted as fraud, a collector lawyer in Kiev will help you with this.
According to the Civil Code of Ukraine (part 2, article 517), borrowers, until they receive official evidence of the transfer of their debt to another institution, have the right not to fulfill their financial obligations.
There is no legislation regulating the activities of collection organizations on a legal basis in our country. That is why responsibility as regards the illegal actions of collectors is spelled out in the Criminal Code. But, recently, in the first reading, the Verkhovna Rada adopted the Law on collection activity, which already clearly spelled out the rights and obligations, responsibility, the procedure for collecting funds, etc.
What does the law allow for collectors?
The main legal method of collecting financial debt in our state involves an appeal to the courts. But this kind of action is not profitable for both credit and collection companies: the corresponding lawsuits often last for years, and you also have to pay a court fee.
Taking into account such a nuance, the process of debt collection by a collection company has two:
The representatives of the credit institution inform the debtor that his debt has passed to another creditor (this action, called “Soft collection”, can be performed by a phone call or a letter sent by e-mail).
Employees of the collection company contact the client in order to repay the debt (they can come home and at his place of work, resort to telephone negotiations, send letters with complaints, etc.) The second stage is called “Hard collection” and is used if the initial the stage of work did not bring the desired results.
The main method of debt collection through the court is to seize part of the borrower’s basic income. If the debtor receives the minimum wage, the write-off amount cannot exceed 20%.
So, the employees of the collection authorities are allowed the following actions:
messages of the defaulter about the demand to pay off the debt;
messages from the debtor to the address;
representation of the interests of your organization in court;
use exclusively of the subscriber number of the defaulter, which is fixed in the loan agreement.
Prohibited actions of collectors
In accordance with the norms of criminal procedural and civil legislation currently in force in Ukraine, the following actions of employees of collection offices are prohibited:
anonymous actions – the collector is obliged to introduce himself to the debtor, giving his personal data, the organization in which he works, provide the registration number of the corresponding company and a power of attorney confirming his authority;
Communication with the defaulter at night (22.00 – 8.00 on weekdays and 20.00 – 9.00 on weekends);
the image of debtors, the use of physical force, threats of physical harm to the defaulter or his family members before the murder;
an arbitrary increase in debt amounts when the debtor is “put on the counter”;
destruction and damage to the borrower’s property;
penetration into the home of debtors without their consent or without a court decision;
disclosure of the amount of debt to third parties (or several persons) without the permission of the borrower, received in writing;
misleading the defaulter in order to force him to pay off the debt.
Help of a lawyer for collectors in Kiev
If the collector does not agree with the non-payer in advance, calls him after hours, threatens, promises to deprive the debtor of liberty and harm his loved ones – his actions are illegal, you can safely contact the police. Record all violations, if possible.
It is also considered illegal to disseminate private information about the defaulter, which the collector provided the credit company, anonymous, fraudulent actions and the seizure of material assets from the borrower without a court decision.
Well, if you cannot cope with this on your own – seek help from professionals!
The attorneys of the Prikhodko & Partners Law Office know how to help you.
IMPORTANT! How to understand that a lawyer is an amateur or not a professional in criminal matters?
The lawyer takes a passive position. For example, when a criminal lawyer is just nearby during a search and does nothing (most likely, because he does not understand anything).
The lawyer behaves aggressively towards the investigator or operatives. There are situations when a criminal lawyer constantly gets into conflicts, shouts, and frightens law enforcement officers.
The lawyer is trying to make friends with the investigator. This often happens when a criminal lawyer asks not to seize something during a search and builds friendly relations with the investigator or operatives. High-quality defense in criminal cases is, first of all, the independence and objectivity of a lawyer.
The lawyer claims that you should not do anything, let the investigation look for evidence. This happens in cases of interrogation, when it is recommended to “completely go to Art. 63 of the Constitution of Ukraine ”, instead of fixing the essence of the interrogation and understanding what the person is accused of.
A lawyer uses common phrases without understanding criminal law terminology. You have to understand that criminal cases are not civil. For example, when a lawyer says “some kind of certificate”, “something was taken in court” or confuses the statuses “defendant”, “plaintiff” with criminal “suspect”, “accused.”
A good criminal lawyer cases – this is either a former investigator or a prosecutor who clearly understands how the investigation works or a lawyer with extensive experience in criminal cases, there is no other way! This is especially important if you are looking for a serious crime lawyer!
Basic guidelines by which you can determine that a criminal lawyer is truly professional and will not cheat.
Relationship. A good crime lawyer or law firm always has clients. Relationships should be built like this – you asked for help, it is not a lawyer who runs after you to lure money out. If the opposite happens, be careful!
Office. A lawyer must have an office and not change it for a certain time (at least a year). There are, of course, different cases, but the most important factor in choosing a lawyer is stability. If a criminal lawyer has been working steadily for a long time, then everything is fine with him, and if everything is fine with him, then most likely you will be fine.
Reviews. Before hiring a criminal lawyer, first look at the reviews on Google or social. networks. At the same time, do you treat reviews reasonably? Read them and grasp the essence. It happens that competitors or other unfriendly people write negative reviews. And it happens that reviews are clocked for a couple of hundred hryvnia.
Media. Today, each person will be best told by his social networks. Come and see them. This will help you understand how your future lawyer lives, what cases he does, what achievements he has, by whom and where he is recognized as a specialist.
Experience. An experienced criminal lawyer should not only convince you that he clearly understands what is happening in your specific situation, he should put on the table the same or similar cases in which he took part and where a positive result has been achieved. If there are only words and there is no evidence – do not believe, every lawyer wants to take money from you. It is important that this money is for the cause, not for the words.
Contract. A contract with a lawyer is a very complicated thing. Because he makes them every day, but you do not, and it can be difficult to delve into the whole point. Do not be too lazy to read! Pay special attention to the lines of the contract – how long the lawyer undertakes to provide legal assistance, the amount of work, either in hours, or in specific actions.
Important! A lawyer cannot guarantee a won case – but he can clearly define the scope of work. Pay attention to the general phrases “for providing legal assistance” or “comprehensive support of the case” or “all the services of a criminal lawyer at the stage …”
A situation may arise when you later say “I paid 5 thousand cu, and you are not doing anything. ” And he will say – “I study the materials and prepare one document for the court and I think that this is enough.” And then you will not prove anything and will be forced to look for another lawyer.
Price. What are the prices for criminal defense lawyers in Kiev? What are the prices for criminal lawyers in general in Ukraine? In fact, the prices for criminal defense lawyers are different, from UAH 500 per hour or action to thousands of dollars. Price is a very important criterion especially in criminal matters. A good professional crime lawyer cannot be cheap. But at the same time, the price must be justified. Again, if a criminal lawyer takes $ 1,000 and does 5 specific actions for this, this is normal. And when he takes the tighter $ 1,000 and says “for complex business management” and then does nothing, then this is not normal.
Comparison. Never agree to immediately work with the first lawyer with whom you managed to talk. At least 3 interviews should take place. Then you will be able to understand in comparison who is who. And who is a really criminal lawyer from lawyers, how much does a criminal lawyer cost and who is the best to contact them for help.
What if you are suspected of or charged with a criminal offense?
You need a good criminal lawyer. How do you find such a lawyer? Search on the Internet, select several lawyers specifically in criminal cases. Choose at least three lawyers who specialize in criminal law.
Next, you need advice on a criminal case. High-quality criminal counseling will let you understand whether or not a professional lawyer is what to do next and how much the services of this criminal lawyer cost.
Follow the advice of a lawyer to act with him.
Cost of a lawyer in criminal cases
Depending on whether what status you are there are two options for paying for the services of a criminal lawyer:
1. Accompanying individual investigative actions
More suitable for those who are not involved in the case, and are in the case of a witness.
express consultation of a criminal lawyer by phone without analyzing the situation – 500 UAH, just to describe your rights in order to understand , what can be done, what must not be done and the first mistakes to be avoided
preparation of a response to a request to provide documents – $ 100
It is important to understand what is really, according to Art. 93 of the Criminal Procedure Code of Ukraine, the investigator has the right to demand the provision of documents. But what happens if they are not provided? There is no responsibility for this, but it gives the investigator the right to go and take a court order for a search. Therefore, you need to weigh what is more reasonable for you – to give documents for the request or sit and wait for the search.
escort during interrogation – 100 USD / hour, but not less than 200 USD.for investigative action
escorting a search – $ 100 / hour, but not less than $ 500 for investigative action
return of confiscated property – from 500 USD or a percentage of the total cost
other investigative and procedural actions are paid hourly at the rate of $ 100. hour robots of the company’s lawyer.
2. Comprehensive criminal case management at the stage of pre-trial investigation, court of first instance, appeal or cassation.
Comprehensive criminal case management suits a person suspected, accused or convicted. Because it is difficult for a criminal lawyer to immediately determine the scope of work and the strategy of the defense. You need to familiarize yourself with the case to make a defense plan and backup options if the main ones do not work.
The cost of a criminal lawyer for each stage is from 3000 USD. up to $ 10,000 depending on the complexity of the case and its size.
How we work on the integrated management of criminal cases:
Signing a contract with a criminal defense attorney and joining the case.
This is the first step, at which a criminal attorney in our company affairs communicates with you in essence of the case, in order to understand what is the essence of the crime and what exactly I can incriminate you.
Familiarization with a criminal case by a criminal defense lawyer.
At this stage, you pay – 1 thousand c.u. This is the payment for the involvement of our company’s crime lawyers. Study the materials of the criminal case and the formation of a plan and strategy for the defense. When we understand how much work needs to be done, we issue an invoice for the remainder of the payment within the amount discussed above.
Be sure to determine the success fee of criminal defense lawyers – this is an additional remuneration for criminal lawyers for achieving a positive goal in your case. This is a very important point. Since it additionally stimulates a criminal lawyer to achieve a positive result.
Prikhodko & Partners Law Firm is the best experienced criminal lawyer in Kiev!
Sign up for a consultation, we will definitely find a solution to your problem. If during the consultation we are not convinced that we are really professional criminal lawyers, we will refund the money for the consultation!
How we work:
Leave a request in a convenient way for you: through the feedback form by e-mail or call
We hold a meeting, discuss the terms of cooperation
We sign a contract, you pay for the service and we start working on your question right away
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