11,502 of such seizures were overturned by the court over the past year alone.
6 July 2021
Materials are published 3 times per week
Presently, the Unified Registry of Debtors of Ukraine currently lists 390,755 enforcement proceedings opened on the premise of the so-called notarial enforcement deeds instead of court rulings.
To speed up the debt collection process and optimize costs, collectors, pawn offices, loan organizations, and some banks increasingly often turn to notaries to get an enforcement deed—a document letting them block the defaulters’ accounts and seize their property without going to the court. This issue has gained utmost importance as banks are about to start blocking their clients’ accounts on the third-party lender’s request starting July 6.
«The enforcement deed is a convenient lender protection instrument that is easy to obtain and simplifies debt collection than in the case of recourse to the court. However, it is equally likely to be abused. Often, notaries may grant the enforcement deed to dubious organizations and fail to check the documentation required for the deed’s issue. Luckily, the enforcement deed can be challenged in court, and people resort to this measure increasingly often»,
— commented Andrii Hevko, a partner with the Bargen law firm.
«If your accounts get seized under the dubious enforcement deed, and you want to challenge it, first make sure that:
— The enforcement deed was backed by the documentation package as required by law
— The notary checked if your debt was actually indisputable and had documentary evidence
— The loaner provided evidence that it is them that you are in debt to, not some other organization
— No more than three years have passed since the day the debt was incurred
If any of these boxes are unchecked—bring it to court».
Ukrainian debtors show increasing legal literacy: in 2018, 2923 enforcement deeds were overturned against 5,772 in 2020, meaning the figure has doubled over the two years. Over the past year alone, 11,502 enforcement deed overturn rulings were made.
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