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Procedure of the penalties under Article 336 of the Code of Civil Procedure

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Lindyuk Svyatoslav02.03.2021

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When initiating a property dispute, the lawyer, in addition to assessing the victory of his legal position, should think about the prospective recovery of funds in case of victory. The classic scheme is to expect when the debtor will receive at least some money from the counterparties or his debtors on the arrested bank accounts.

However, there is another way.

The Commercial Procedure Code of Ukraine (hereinafter referred to as the Code of Civil Procedure of Ukraine) introduced in 2017 a new mechanism for enforcing a court decision on recovery of funds – through recovery of funds from third parties who have debts to the debtor.

Such a mechanism is provided by Article 336 of the Code of Civil Procedure, which provides for the possibility of foreclosure on funds belonging to other persons and real estate, the ownership of which is not registered in the prescribed manner.

The application of such a procedure is relevant when enforcement proceedings are opened, seizures are imposed on the accounts, but debt collection is not carried out because of zeros on the accounts.

Recovery procedure

The first thing you need is a decision that has come into force to recover money from the debtor.

The next most important step is to search for the undisputed debt or to confirm the debt by a court decision that has entered into force that third parties have before the debtor.

After such a debt has been identified, we apply to the court – submit an application for recovery of funds belonging to the person who has a debt to the debtor. Such an application is submitted as part of your case, in which a decision was made to recover the money. Such a statement must indicate the decision on the basis of which the debtor is recovered, evidence of non-enforcement of the judgment on the date of application, evidence of a valid undisputed debt of a third party to the debtor or a judgment from which such debt is seen.

In its conclusions, the Supreme Court notes that the subject of such applications is 1) non-repayment debt to the debt collector and 2) the fact that there is an actual third party debt to the debtor, as evidenced by relevant evidence (including court decisions).

We recommend you to contact a professional lawyer in such procedures as finding the debt of third parties to the debtor, compliance with all procedural aspects, obtaining evidence of the relevance of the debt, as well as the correct wording of the claim in such a statement . 

In addition, the costs of his services can also be indicated as the costs of professional legal assistance, which are reimbursable by the debtor when filing the Application.

 

Author Lindyuk Svyatoslav, lawyer of corporate law practice and court representation Patriot.Legal.

Patriot.Legal is a company that provides legal and audit services.



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