Debt collection is a set of legal measures aimed at ensuring voluntary performance by a debtor of his obligations or compulsion to repay debt or return the property by resorting to court proceedings, as a result of enforcement of court judgment by public enforcement authorities or private enforcement officers, or through a debtor’s bankruptcy procedure.
Please note that in practice, the debtors aggressively appeal against all procedural steps as well as court orders, challenge acts of the public or private enforcement officers to delay the debt collection procedure, and defer the performance of financial obligations.
Please note that debtors effectively use gaps in applicable Ukrainian laws and often prevent their bank accounts from being attached, open new accounts, and avoid mandatory direct debiting by public enforcement authorities or private enforcement officers.
Many years of practice and extensive experience of our professionals allow us to effectively counteract procedural tricks of the debtors, provide effective assistance in the debt repayment to the accounts of our clients at any stage, from a pre-trial settlement in connection with outstanding debt through the client representation before court and debt recovery judgment enforcement.
Debt recovery stages:
- pre-trial stage (it is based on the negotiations between the competent professionals and debtors aimed at finding the solution to the problem of debt repayment with minimum financial losses)
- trial stage (the main point of the stage is to confirm the existence of a debtor’s obligation and reflect it in a court decision)
- recognition of a foreign court decision if the dispute was adjudicated outside Ukraine
- enforcement proceedings (execution)
Our services include:
- our specialist legal advice
- studying court documents
- case law research and analysis
- audit of the cause of action and analysis of the potential collection outcomes
- assessment of the debtor’s financial status
- checking the availability of debtor’s assets
- finding out the risks that can affect the recovery and likelihood of their occurrence
- development of strategy and alternative debt settlement solutions
- drafting proceedings (claims, submissions, motions, petitions, defences, grievances)
- pre-trial settlement (direct communication, correspondence, etc.)
- collection of the evidential base
- application of provisional remedies (asset attachment, injunction, etc.)
- acting as representatives in court
- appealing the court judgments
- recognition of a foreign court judgment if a dispute was adjudicated outside Ukraine
- obtaining an enforcement document
- opening and acting as representatives in enforcement proceedings
- initiating and providing support in the bankruptcy procedure