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Messenger Lawyer and attorney for enforcement proceedings in Kyiv
Our legal association offers its clients the following services:
- pre-trial assessment of court prospects, analysis of the debtor’s solvency and ability to repay debts, and identification of the ways to protect the client’s interests;
- full representation in court and after the verdict is issued.
A dispute won in court is only half the battle, because the court’s decision still needs to be enforced. The question of how to enforce a court decision arises for more than half of those who win a case. Do not assume that if the writ of execution is with the bailiff, the decision will be enforced very quickly. It is only a starting point from which enforcement proceedings begin. Many who have never dealt with such cases before believe that the court ruling itself serves as this document, but that is far from the truth.
Ukrainian enforcement legislation defines a list of documents that must be provided to the state enforcement officer in order for the latter to have the opportunity to issue an order to open proceedings. The seemingly simple procedure of submitting a writ of execution to the enforcement service within the prescribed time may turn out to be a major problem. Even an initial consultation with a lawyer on this issue will not be superfluous.
For example, are you familiar with the requirements that the legislation imposes on writs of execution? If not, do not expect a quick satisfaction of your claims. Or do you know exactly to which enforcement service you need to submit the documents, and how to file an application for compulsory recovery and enforcement of the court’s decision. Negative answers to these questions indicate that you need an attorney in enforcement proceedings. After all, the examples given above are only the tip of the iceberg.
Many court enforcement officers, after receiving the documents, intentionally or unintentionally delay opening proceedings. This can be partly explained by the fact that bailiffs are currently simply overwhelmed with work and are not in a hurry to scrutinize every case. That means you have no guarantee that your case will be handled first.
Enforcement proceedings imply a long list of issues, the answers to which can be found by contacting a lawyer specializing in enforcement proceedings who is well acquainted with the legislative framework. Legal assistance provided by experienced specialists of our association will help quickly and effectively resolve all problems that arise in the process of collecting funds. There are also cases when state enforcement officers, acting in the interest of the other party to the dispute, deliberately delay the enforcement process. In this case, professional assistance from the attorneys of our legal association in Kyiv will be invaluable.
Enforcement proceedings involve a whole range of measures. Quite often debtors manage to withdraw all funds from accounts, sell their property, transfer it to relatives, etc. Subsequently, the bailiff has to take measures to locate the debtor’s property, followed by its seizure and sale. Therefore, the seizure of the debtor’s property in enforcement proceedings should be the first stage from which the bailiff’s enforcement proceedings begin. It is hard to imagine how the enforcement procedure would develop without these actions. Such interference in the defendant’s business activities gives rise to many disputes with state enforcement officers and endless clarifications.
All these procedures are rather labor-intensive and complex work. Legal support of enforcement proceedings will be a more reliable option for a creditor than trying to protect their interests independently.
An attorney for enforcement proceedings will impartially assess the existing situation and prepare a course of action. Remember that delay in these matters is unacceptable, since the law sets certain deadlines for performing particular procedures (conducting evaluations, inspections, reviews). Qualified legal assistance will also be helpful if a consolidated enforcement proceeding has been opened against your debtor, during which a large number of disputed issues usually arise.
By contacting us, you can be fully confident that you will receive all the funds due from an irresponsible borrower. Our enforcement attorney will take all measures to locate the defendant’s assets and will devise the best course of action.
The initiation of enforcement proceedings begins immediately after all the specified periods for the debtor to voluntarily comply with the court decision have expired.
- money, various property or property rights (even if such items are held by other persons);
- wages, scholarships, pensions, other payments;
- other items (if they are mentioned in the court decision);
- other assets.
The lawyers of our company in Kyiv can not only carry out measures to locate the debtor’s property, but also monitor the course of the enforcement proceedings and ensure compliance with deadlines by the enforcement service employees. In short, our enforcement attorneys will carry out all necessary actions to protect the interests of each client.
Enforcement proceedings are the culmination of numerous court disputes, their final stage. Therefore, it is so important for the plaintiff to complete it successfully, that is, to recover the debts awarded from the defendant. Experience shows that this is not always possible. The reason lies not only in the actions, or rather the inaction, of state enforcement officers, but in the initial hopelessness of the entire court process.