Collection Services, Debt Recovery and Return in Kyiv

We have specially developed three cooperation options for you. Depending on your wishes and available free time, choose the package that suits you best.

The modern reality is such that the issue of debt recovery is becoming relevant for an increasing number of people. Debt recovery is a rather unpleasant procedure, but our legal association is ready to take on this work and provide you with comprehensive assistance in recovering the debt. Many of our clients wonder how to recover a debt without an IOU or having one, and why such problems arise in the first place?

Quite often people lend large sums of money to friends and acquaintances without thinking about formalizing any documents, relying on principles of trust or sympathy for the person. A written IOU in the case of lending money plays the role of a loan agreement, determining the conditions under which the funds are transferred to the borrower and the terms of repayment.

If specific terms are not defined, the loan must be repaid within 30 days from the moment a demand for repayment is made. If the debtor does not want to resolve the issue of non-repayment voluntarily and amicably, debt recovery without an IOU can be handled in court. To achieve a positive outcome, the plaintiff needs to take care of collecting the evidentiary base, witness statements, video recordings, any documents confirming the fact of providing the funds as a loan. The help of a professional lawyer will be extremely effective, especially for those who are not well versed in the legal field.

Undoubtedly, the most prompt way debt recovery can proceed is an amicable resolution between the debtor and the creditor without the involvement of any third parties. But if you see that the borrower does not want to negotiate or all your attempts to reach an agreement end in a deadlock, proceed to decisive actions. Do not forget that the legislation of Ukraine limits the statute of limitations to three years, and it may well be that the person who owes you money deliberately delays the process to deprive you of the chance to collect the debt. Delay can make debt recovery under a contract impossible. Therefore, if you are currently perplexed about how to recover a debt under an IOU, know that you should file a lawsuit in court without delay.

With a document confirming the existence of debt obligations (an IOU), your chances of a positive outcome are virtually 100%. Debt recovery by IOU will proceed in a shorter timeframe and with maximum benefit to you if you involve a professional assistant — a lawyer. The lawyers of the legal association “Nakaz” will gladly take on any case related to delayed repayment of debt. Whether it is necessary to recover debts with an IOU or without one, or recovery of overdue debt from a legal entity is required, contact us. Our specialists will professionally and promptly carry out all necessary actions, and the debt recovery will be resolved in your favor.

Problems do not tend to resolve themselves. To carry out debt recovery by IOU, you must act, and do so decisively and quickly. From our side, our firm guarantees its clients a thorough study of the case, a professional approach to resolving the issue, an optimal plan of action and constant control at all stages of solving the problem.

Recovering funds that a debtor is unlawfully withholding is a rather laborious and complex process. This is due to the fact that it often includes many stages (including locating the debtor), and also the need to balance legality and effectiveness when choosing methods and work techniques.

Procedure for recovering funds

1. Gathering information about the debtor. There are cases when a person lacking some legal knowledge may initially incorrectly identify the debtor or his official details. A relevant recent example: you conclude a travel service contract with company “A”, pay the full cost of the tour product, receive all consultations and necessary documents from this company “A”. Unfortunately, when the vacation time comes, it turns out that your tour has been canceled. Naturally, your initial actions are to demand a refund from the company you paid. But such a tactic can lead to delays; you may get the impression that you are being given “form responses” and being directed from one company to another. The reason is that you concluded the contract with a travel agent, while the legislation of Ukraine states that responsibility for organizing the tour lies with the tour operator. Accordingly, the travel agent is only an intermediary who, after deducting its commission, forwarded your money to the tour operator, and it is to the operator that you need to present your claims. Regarding details, we are used to directing all our claims to the address where our debtor is located, but in reality all official appeals must be sent to the officially registered address (for legal entities this is the legal address).

2. Pre-trial settlement of the dispute. If you have the full necessary evidentiary base, this stage is not mandatory; you can apply to the court to protect your rights and interests directly. But we recommend not neglecting the opportunities of pre-trial dispute settlement for the following reasons:

• the court process is quite laborious and lengthy. In addition, all actions for debt recovery in court are highly formalized and require fairly substantial knowledge in jurisprudence;
• obtaining a court decision does not yet guarantee its enforcement.

Starting from this stage, all communication with the debtor must be transferred to an official documented plane. Of course, resolving the issue at the pre-trial stage is preferable, but it is still necessary to prepare for the next steps.

For a pre-trial resolution of the dispute, a written claim is sent on behalf of the creditor to the debtor’s address, substantiating the existence of the debt and expressing the demand for its repayment in a specified manner.

3. Appeal to internal affairs authorities. Filing a statement with the police and initiating a pre-trial investigation is already an effective method of influencing an unscrupulous debtor. The statement must describe precisely what criminal actions the debtor has committed and refer to a specific article of the Criminal Code of Ukraine. Often the unlawful retention by a debtor of funds due for return has signs of fraud (art. 190 of the Criminal Code of Ukraine). As a general rule, the statement is filed at the place where the crime was committed.

Sample police report for fraud

4. Filing a lawsuit. If all previous actions have not had the desired effect on the debtor, only one option remains — debt recovery in court. It is at this stage that you will need all the collected written appeals, copies of documents, witness statements. You can find a detailed instruction on the court application procedure and sample documents here. Debt recovery through the courts is one of the main services provided by the specialists of our legal association. Judicial debt recovery involves comprehensive work to locate the debtor’s assets, conduct an in-depth analysis of the debt with calculation of the principal amount, fines, penalties, and default interest, determine the prospects of a positive result when applying to the court, litigate the case in court and actually collect the debt after obtaining a court decision. Timely referral to competent lawyers and their prompt actions in preparing the necessary documents and collecting information increase the chances of recovering sums from the debtor with minimal losses.

5. Seizure of assets. Court proceedings can be significantly delayed, and the debtor may conceal assets that a court could later direct recovery against. Therefore it is necessary to take care to impose a seizure on the debtor’s assets by filing the appropriate petition with the court.

6. Obtaining the court decision.

7. Enforcement proceedings. Debt recovery through the court does not end with obtaining a positive court decision; its existence does not yet mean that the debt will be reimbursed. It is not uncommon that recovery of debts by court decision is required, but your borrower has transferred all the borrowed funds to relatives who, in turn, purchased real estate and registered it in their name. In such a case, enforcement of a court decision on debt recovery without the help of a qualified lawyer, their knowledge and experience, is unlikely to be executed. The same applies when the non-payer transfers all his property to relatives, which significantly complicates debt collection. In our country, after a claim for debt recovery is satisfied in court, the main work begins.

It is necessary to monitor the activity of the state enforcement officer and, if necessary, file complaints about illegal actions and petitions for seizure of assets. Lawyers have to constantly keep the situation under observation and adjust its development.

To ensure debt recovery, professionalism and deep knowledge of jurisprudence are necessary, as well as the rights and obligations of the borrower, the creditor and state enforcement officers, and many other nuances.

The legal company “Nakaz” provides various debt recovery services. In our work we use only legal, civilized and effective methods of dealing with debtors. Our specialists will promptly collect full and up-to-date information about the debtor. The professionals of our company prefer to act in such a way as to recover the debt without going to court. Since pre-trial debt recovery is guaranteed and is usually completed quickly with receipt of the debt, unlike court proceedings which can drag on for years. Our company’s collection services are aimed at prompt recovery of problematic debt with minimal losses for the client. We also strive to preserve normal working relations between our client and the debtor, implying further mutually beneficial cooperation.

Collection services provided by our lawyers

1. Recovery of debt both with documents confirming debt obligations (IOU, loan agreement, pledge, credit agreement) and without them;
2. A set of services for collecting official data about the debtor;
3. Recovery of debts for which the statute of limitations has expired;
4. Return of debt in pre-trial and judicial procedure;
5. Support of enforcement proceedings;
6. Seizure of the debtor’s assets.

Debt recovery in Kyiv is one of the many services provided by our legal association. Providing debt recovery services, we strive to make this troublesome and difficult process as simple as possible for you and, of course, deliver the desired result.