Employees of the bodies of the state executive service of the territorial directorates of justice do not always perform their duties on compulsory execution of the court decision in full and on time. We know how to effectively monitor the progress of enforcement proceedings and cooperate with executors for the prompt execution of a set of necessary actions in the interests of the recoverer. A new institution of private performers has recently been included in the scope of this practice. We cooperate with a qualified and competent private contractor, the appeal of which will be an alternative to ICE for certain categories of executive documents and the availability of a budget. We draw your attention to the fact that you will not apply to a private executor for compulsory execution of decisions on the removal of a child, decisions in which debtors are the state, state bodies, legal entities in whose authorized capital the state’s share exceeds 25%, eviction and accommodation, and the like. It should not be forgotten that access to state executives has also become not cheap, given the latest legislative changes. So before filing an application for compulsory execution of a court decision, it is necessary to pay an advance payment of 2% of the amount to be recovered, but not more than 10 minimum salaries, and in non-property decisions in the amount of one minimum wage from the debtor of an individual and two wage fees from a legal entity. With the reform of enforcement of court decisions, a new automated system of executive proceedings and a register of debtors were introduced. Information on debtors are included in the Unified Register of Debtors and are open. Notaries and state registrars of real estate rights, to which the debtor addressed the purpose of the transaction of alienation of property – is obliged to make a check on the debtors register.
Control over the execution of the seizure of the debtor’s property and monetary funds can take place both during the trial, in the form of enforcement of the order to secure the claim, and in the execution of the court decision. Provision of our legal services in the issue of arrest, firstly it will be timely, secondly effective, thirdly, will save your funds. For example, in the practice of other less qualified lawyers, there are cases when: they thoughtlessly pay clients money for the execution of arrest in the form of securing the claim, as an advance payment. Although such encumbrance is a public law, the executor must come from the court and does not require payment for its execution. The timely introduction of an order to arrest movable property in the register of encumbrances and verification of encumbrance by such lawyers is sometimes left without attention. A debtor may have only one day to dispose of his property. The lawyers of our company control that the executive document meets the requirements of the law and was executed in a short time. We have considerable practical experience in carrying out the arrest and drawing up an inventory of the movable and immovable property of the debtor.
We have a positive jurisprudence in resolving the issue of restricting the debtor’s right to travel abroad, before fulfilling the duties established by the court decision. We know how to monitor the appeal of the state executor with the idea of a restriction on the right to travel abroad to the court. What actions and in what form should be performed by the executor before applying to the court. And how to ensure a positive court consideration of the submission. The court’s decision on the temporary restriction of an individual in the right to travel outside Ukraine can be made on the proposal of the state or private executor, to whom the relevant enforcement proceedings have been opened. Review of the submission and decision-making takes place without summoning the debtor and is subject to registration with the State Border Service. In the enforcement proceedings for the recovery of alimony, new restrictions were established for malicious defaulters, namely: restriction of vehicle management, the right to hunt, the use of weapons and the like.
The appearance of “gray” collection companies in our country occurred in the crisis of 2008, and was the result of the existence of large bank portfolios of bad debts of citizens. Banks, in turn, sold the right of claim to borrowers for a pittance. Collectors who understand the hopelessness of the return of debts in the legal field, use illegal psychological methods of pressure. The actions of the majority of the “bouncer of debts” are illegal and we know how to protect the debtor from the illegal actions of collection companies. Very often collectors resort to tactics of mass calls to the debtor and directions of improperly charged, inflated amounts of debt. We advise dialogue with the collectors solely in writing, and preferably with the mediation of professional lawyers. We are ready to act as an arbiter in a conflict situation and significantly reduce the inflated amounts of claims. As a consequence, most of the amount of the claim will be forgiven, and the parties can conclude a mutually beneficial settlement in a court of law. Sometimes the actions of collection companies violate honor, dignity and business reputation, as a result, it can already go about filing a claim from the borrower for compensation for moral damage.
Important full legal control in the matter of forced sale of the debtor’s property from public auctions, auctions. Debtors often use the tactic of understating the value of property, holding several markdowns and auctioning for the benefit of stakeholders involved in the debtor himself. We emphasize the importance of the proper use in the interests of the debtor or the claimant of the software capabilities of SETAM (the electronic trading system of seized property). In any case, our lawyers are ready to help in the issue of recognizing the procedure for bidding illegal, and as a consequence, the cancellation of the result of the auction.
On the other hand, there are cases when objectively the debtor does not have the property to execute the decision to recover the debt. In order to arrest and remove other prohibitions against the debtor within the actuator production in this case there may be two options: returning the execution document collector since no property or closure executive manufacture in connection with a bankruptcy. Assistance to debtors in closing enforcement proceedings can be to control the timely establishment of evidence of the fact that the debtor does not have the property necessary to fulfill the decision or sources of income. With the option of recognizing a citizen as bankrupt, the existence of the legal status of the entrepreneur must be a necessary condition. The current legislation of Ukraine provides for the possibility of bankruptcy only for individuals with a special status of an entrepreneur. Having obtained a decision to declare a natural entrepreneur a bankrupt, he is released from payment of a debt related solely to entrepreneurial activity. Another debt, including a loan in a bank that is registered with an individual, must be paid by the citizen in the general procedure. Unfortunately, in March 2018, the draft law “On restructuring the debts of a natural person or declaring it bankrupt” was withdrawn from consideration by the Supreme Council. The authors of the bill suggested creating a separate system for regulating specific legal relationships related to the indebtedness of individuals. Nevertheless, in this situation we know what to do!