Igor Shavrov, a well-known Ukrainian lawyer who manages the Shavrov and Partners law firm, told our readers about how banks collect debts from their clients without going to court.
"There are two ways of collecting a debt. The first is to obtain a court decision and a writ of execution, after which contact the enforcement service. The second is to obtain an executive signature from a notary, which we will discuss in more detail, the lawyer noted. — The notary's executive inscription is a notary's order for the collection of a sum of money from the debtor to the creditor, or for the return, or the transfer of property to the creditor."
Executive inscription is carried out at the claimant's request and on the original document. It is important that its execution is possible without obtaining a court decision, and this document is a writ of execution and is accepted for execution by both a state and a private executor.
At the same time, the documents confirming the debt must be issued in accordance with the requirements of Art. 9 of the Law "On Accounting and Financial Reporting" (this important detail was noted by the Supreme Specialized Court for the Consideration of Civil and Criminal Cases in its decision on case No. 6-4882св11).
The bank must inform the debtor about the amount of the debt before the inscription is made, which must be confirmed by relevant evidence. Also, a notary must verify the presence or absence of a dispute between the parties regarding the debt. "I would add that no more than 3 years should have passed since the date of the claim, and no more than a year in relations between enterprises. The validity period of the notary's executive inscription (presentation for compulsory execution) is only one hour. The procedure for recovery of a notary's executive inscription must fully comply with the Law "On Executive Proceedings," the lawyer said.
In addition, Igor Shavrov told about three rules that are necessary in order not to remain in debt to the bank even after repayment of the loan.
"First, you should always take a certificate from the bank about the full repayment of the loan, secondly, get into the habit of always checking the mail at the place of registration, and thirdly, get advice and explanations from lawyers or advocates when signing any document."
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