Even hopeless property seizures can be lifted

Recently, our team managed to lift an individual's arrests, which were imposed by a state executor in the city of Donetsk in 2011-2012.

With these arrests, the client lived quietly until 2018, when he did not want to sell the car. It was then that he learned of the arrests.

From acquaintance with case materials to exclusion of information on arrest from the Uniform register of prohibitions of alienation of real estate objects passed almost a year and a half!

The term of lifting the arrests was directly related to both the complexity of the situation and the inaction of state executors. A detailed description is given below.

In 2010, the court decided to collect money from our client. Based on this decision, in 2011 the state executor seized all the client's real estate and movable property and entered the relevant entries in the register. Subsequently, the executor closed the enforcement proceedings due to the lack of property, which can be levied.

In 2013, the appellate court formally overturned the decision of the court of first instance and made a new decision, which re-collected funds from the client.

According to the decision of the appellate court, a new enforcement proceeding was opened against the client. Then the enforcement proceedings were closed and sent to another department of the executive service of Donetsk. It has not reached the new department. The war prevented.

Our company started business at the end of 2018. We have established a clear basis for lifting the arrests, namely cancellation of the court decision on the basis of which the enforcement proceedings were opened.

Next, we describe the process of lifting arrests:

As in 2018 the territorial body of the State Executive Service of Ukraine (hereinafter - ICE) was located on the territory of the Joint Forces Operation (hereinafter - OOS), its powers were to be performed by another territorial ICE body from the controlled territory.

To begin with, we decided to apply to the relevant territorial body of the ICE with a request to resume the lost enforcement proceedings due to the fact that it is located on the territory of the environmental protection, and to lift the arrests based on the reversal of the court decision.

Of course, in order to lift the arrest, the state executor demanded “certified by the seal " the decision of the appellate court to cancel the decision of the court of first instance.

Of course, we did not have such a court decision. However, we had a photo of him and the decision was available in the Unified State Register of Court Decisions.

This indicated that we could recover the lost judgment in court. Such restoration is carried out by the court of first instance, which is located on the territory of the Environmental Protection Agency.

And again, all court cases considered by courts from the territory of the Environmental Protection Agency have been transferred to the courts in the controlled territory.

The court granted our application to renew the decision of the appellate court.

We then sent a statement to the state executor to resume the lost enforcement proceedings and lift the arrests, along with a long-awaited copy of the court decision with a seal.

Everything could not end so easily and the internal affairs body refused to cancel the arrest.

We appealed the decision of the state executor to the court and asked the court to oblige the state executor to restore the lost enforcement proceedings and lift the arrests.

In a court hearing that took place without our participation, the court upheld the complaint.

Subsequently, we sent a copy of the certified court decision to the relevant territorial body of the ICE.

After several months of constant correspondence in messengers with the state executor and hundreds of phone calls, we still achieved the result. All seizures of the client's property were lifted.