Challenging a notary's executive inscription
The lawyers of our law firm will professionally, promptly and effectively help resolve all problematic legal issues that arise for the debtor (a natural or legal entity that received a loan or loan) when contesting (cancelling) the notary’s executive inscriptions on loans.
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Credit is funds and tangible assets provided by the creditor (Bank or MFI) for the use of the borrower (individual or legal entity) for the term and under the conditions specified in the credit agreement.
Main types of loans: consumer loan, commercial loan, mortgage loan, investment loan, microloan.
Currently, there is such an economic situation that a significant number of our citizens and legal entities have loans, both in significant amounts and microloans, which were quite easy to obtain by completing an online application on the website of the MFI or the Bank, and the vast majority of these loans were paid by debtors in a timely and proper manner.
But everything changed radically starting from the spring of 2020 (with the introduction of quarantine restrictions in connection with Covid), and especially the situation became critical starting from February 24, 2022 (in connection with the introduction of martial law in Ukraine), after which a significant number of people simply lost their jobs and means of livelihood, but the problem of repaying loans (microloans) with interest, penalties (fines and penalties) has not gone away, but has only worsened recently: Banks and MFIs, regardless of any circumstances (military introduced in Ukraine state, difficult financial situation of the debtor and physical impossibility to pay the loan) systematically and massively present their creditor claims to debtors by contacting a private notary, who issues an executive writ for presentation to an executive service body, usually to private executors, where in the future, forced collection of funds from the debtor is already taking place.
And the most unpleasant surprise awaits the debtor after the bank or financial institution calculates the debt for the unreturned loan, interest for use, as well as penalties (penalties, fines) in an amount that is tens, hundreds or thousands of times greater than the amount of the loan (i.e. principal debt) received by the debtor.
For example, in our practice there were many cases when the debtor received a loan in the amount of UAH 3,000, UAH 5,000, UAH 7,000 (i.e. microloans/consumer loans), and literally after 6-8 months the amount of the debt was calculated in the amount already 30,000 hryvnias, 50,000 hryvnias, 70,000 hryvnias. and even on a larger scale, there are thousands of such cases, I am sure that you have definitely heard this information from your relatives, acquaintances, colleagues at work, precisely from those who have already taken such loans and had such problems.
The executor (state or private) during forced execution imposes a seizure on the debtor’s funds, including salary and other accounts for social benefits, a seizure on vehicles, an apartment, a house and other property belonging to the debtor or the debtor’s spouse.
Such actions, in the overwhelming majority, are carried out by the executor on the basis of a notary’s executive inscription, which according to the Law of Ukraine “On Executive Proceedings” is an executive document and which was issued in connection with the debtor’s non-fulfillment of credit agreements, including microloans and consumer loans.
The case of contesting (cancellation) of a notary’s writ of execution is quite complex and ambiguous from the point of view of practical application, as a rule, it is impossible for an average citizen to correctly navigate this problematic legal issue on his own, which makes it impossible to effectively protect his rights and legitimate interests in a case of contesting a notary’s writ of execution on loans, and therefore, with the aim of proper legal resolution and settlement of cases and disputes of this category, there is a need to seek urgent legal assistance from qualified and experienced lawyers who will provide effective legal protection to the Client in the case of challenging the notary’s executive writ on loans of any complexity , who definitely and for a long time work in the Naumenko and Partners law firm.
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- The credit agreement between the debtor and the Bank or MFI was not notarized.
- The 3rd year deadline for paying the credit debt has expired.
- Illegally accrued interest and fines on the loan (penalty, fine).
- Not informing the debtor about the amount of the debt and not sending the debtor a written notification about the amount of the credit debt and its subsequent collection.
- There is no proper evidence about the undisputed amount of the credit debt.
- Executive writ for credit obligations is made in violation of the requirements laid down in Art. 87 of the Law of Ukraine "On Notary".
In accordance with the legal opinion set out in the decision of the Grand Chamber of the Supreme Court dated September 21, 2021 in case No. 910/10374/17, the court established that in fact all executive notary public notary documents issued in connection with non-performance of credit agreements, including for microloans are unenforceable, that is, they are invalid (illegal), but this can only be established by the court in its decision and only at the appropriate claim of the person who took the loan (microloan/consumer loan).
Everything is very simple: debtors, i.e. persons who received loans (as a rule, these are microloans/consumer loans from the Bank or MFI), simply do not want to take any measures to protect their rights and legal interests and ignore the illegal deduction from their wages by the executor, stipends, other social benefits, statistical data tell us about this: only about 18% of debtors turn to the court with lawsuits to challenge the notary's executive inscriptions on loans. The reasons for such passive behavior of debtors are various: ignorance of the very possibility of contesting the notary’s executive writ, lack of funds to apply to the court with a claim, and the main unwillingness to find these small funds, unwillingness to spend time preparing materials for court and time for attending court hearings and others But all these and other reasons listed above, as well as grounds, boil down to only one thing: the debtor who received the loan does not take any active actions to protect himself, and the Bank or MFI, on the contrary, takes a number of active actions (in this case, illegal actions), sent to recover from the debtor and the debt due to the unreturned loan, and interest for the use of the loan, as well as penalties (penalties, fines) in an amount that is tens, hundreds or thousands of times greater than the amount of the body of the loan (i.e. the principal debt), which received by the debtor, which in the future are collected by the executor under the executive inscription of a notary from the debtor in full.
The only legal way to cancel a notary's writ of execution on loans is to file a civil lawsuit in court to declare the writ of execution unenforceable.
The statute of limitations for filing a lawsuit to declare an executive writ unenforceable is 3 years from the moment of its execution.
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A statement of claim for recognition of a notary's executive inscription as unenforceable is submitted to the court office or sent to the court of your choice as the plaintiff (alternative jurisdiction):
- At the place of execution of the executive document, i.e. at your place of registration (residence);
- At the location of the defendant (Bank or MFI in favor of which the writ of execution was executed).
Taking into account our practical experience in solving cases of this category (which is more than 4,700 cases), the real time period during which the court of the 1st instance considers a case on recognition of an executive writ as unenforceable, depending on the region of Ukraine, is: 2 - 4 months from the time of submission of documents to the court.
- For a legal claim to recognize a notary's executive inscription as unenforceable - UAH 1,211. 20 kopecks;
- For submitting an application for securing a claim (suspension of enforcement proceedings by the court during the case review (if such an application is filed) – UAH 605, 60 kopecks;
Step 1 - We provide the Client with a free competent initial legal consultation on this issue
Step 2 - We study the documents and form a competent legal position in the case in favor of the "Client"
Step 3 - We conclude an agreement with the "Client" on the provision of legal assistance, and the "Client" makes an advance payment
Step 4 - We prepare all the necessary procedural documents in the interests of the "Client"
Step 5 - We represent the interests of the "Client" in courts, law enforcement agencies and other organizations
Step 6 - We compensate the court costs in the case
Step 7 - We receive a court decision in the case (decision, decision)
Our legal company independently provides full support of the case (collection of all necessary documents for the court, drafting of the statement of claim and other procedural documents, referral of the case to the court), and we also represent our Clients throughout the territory of Ukraine.
In the city of Kyiv and the Kyiv region, we represent our Client through the personal visit of a lawyer, within Ukraine we represent the interests of our Client in a remote (remote) manner through the existing registered electronic office in the Unified Judicial Information and Telecommunication System (EUITS).
- Providing oral online legal consultation by phone to the "Client" on the relevant legal issue in the case of challenging the notary's executive inscription on loans at the request of the "Client" lasting up to 20 minutes. (with the possibility of using social networks: WhatsApp, Viber, Telegram and video communication) - FREE!
- Provision of oral legal advice to the "Client" on the relevant legal issue in the case of contesting the executive inscription of a notary directly in the office premises in Kyiv, lasting up to 30 minutes. - from UAH 500.
- Preparation and collection of all necessary documents for the court - from UAH 1,500.
- Summary statement on the recognition of the notary's executive inscription on the collection of debt due to loans as unenforceable - from UAH 2,500.
- Application for securing a lawsuit in the case of recognition of a notary's executive writ of debt collection for loans as unenforceable - from UAH 1,500.
- Petition for the demand of evidence in the case of recognition of the notary's executive inscription on the collection of debts due to loans as unenforceable - from UAH 1,500.
- Representation (participation) of a lawyer in court sessions in the court of the 1st instance - from UAH 2,500.
Our legal company is one of the few on the legal services market of Ukraine at the moment, which fully compensates (reimburses) its Client for all legal expenses incurred (paid) in a court case, in particular, expenses for providing professional legal assistance of a lawyer.
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Why choose us?
Professionalism and significant practical work experience
We provide the Client with interest-free installment payments for the rendered legal services
A comfortable and modern office in the very center of Kyiv, next to the metro
(100 meters from the University metro station and 4 minutes from the Teatralna metro station, as well as from the Zoloti Vorota metro station)
