{"id":8071,"date":"2021-01-11T18:46:45","date_gmt":"2021-01-11T16:46:45","guid":{"rendered":"https:\/\/bargen.com.ua\/?p=8071"},"modified":"2021-01-15T17:08:19","modified_gmt":"2021-01-15T15:08:19","slug":"yak-styagnuty-zaborgovanist-z-kontragenta","status":"publish","type":"post","link":"https:\/\/bargen.com.ua\/en\/yak-styagnuty-zaborgovanist-z-kontragenta\/","title":{"rendered":"How to collect debt from the counterparty?"},"content":{"rendered":"
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\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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The sale of goods "on credit" is a common practice among entrepreneurs. The seller's goods do not have dust in the warehouse, and the buyer gets the opportunity to raise funds to pay for such goods. As a result, each party is satisfied and receives its profit. However, such an idyll can always be intervened by poor customer management, financial crisis, epidemic and so on. And instead of money, the seller receives numerous promises over the phone.<\/span><\/p>

If you find yourself in this situation, you should be prepared for it. Therefore, we analyze the main steps towards debt collection from the debtor.\u00a0<\/span><\/p>

In general, the whole process should be divided into three stages:<\/strong><\/p>

  1. Pre-trial.\u00a0<\/span><\/em><\/li>
  2. Judicial.<\/span><\/em><\/li>
  3. Execution of a court decision.<\/span><\/em><\/li><\/ol>

    Consider each of them in more detail.<\/strong><\/p>

    Pre-trial stage<\/h3>

    The first thing to do if the counterparty does not repay the debt - <\/span>check and collect documents confirming the debt. <\/b>Often at the stage of submitting documents to the court it turns out that the invoices are not signed or they indicate a smaller amount of goods that were actually taken by the buyer.\u00a0<\/span><\/p>

    Make sure you have all the documents. <\/b>If the contractor has not returned the invoice or deed - contact him. It is easier to collect documents from the buyer at this stage than after exchanging written claims.\u00a0<\/span><\/p>

    After collecting all the documents, write or call the director or owner of the debtor company. <\/b>We should not forget about the human factor in such processes: the manager or accountant responsible for payment could go on vacation and did not submit documents for payment. Unfortunately, no one is safe from such misunderstandings. In turn, if the conversation with the director does not bring results - go to the next steps.<\/span><\/p>

    Preparation and direction of the claim. <\/b>The standard procedure for filing a claim is provided by the Commercial Code<\/span>m of Ukraine. It is not mandatory, but this is how you formalize the requirements. In the claim <\/span>you need to specify the requirements, as well as the calculation of debt. Penalties should also be calculated if they are provided for in the contract. We also recommend notifying the debtor of the possibility of litigation and additional costs that will be imposed on him: court fees, court costs, etc. It is advisable to involve a lawyer and file a claim on his behalf. This step will emphasize the seriousness of the intentions and persuade the debtor to make the right decision.<\/span><\/p>

    For some debtors, such a warning sign is enough<\/u>. Anticipating further loss in court, they agree to pay the debt.\u00a0<\/span><\/p>

    If even after the claim the position of the debtor has not changed, it is necessary to proceed to the court stage.<\/span><\/p>

    Judicial stage<\/h3>

    The main purpose of the trial stage<\/strong> - get a document that will enforce the debt. Such a document will be issued in the form of a court decision.<\/span><\/p>

    But litigation can be lengthy and expensive.<\/strong> Therefore, before going to court you need to rationally approach this issue. Otherwise, you risk getting a court decision that will never be executed or additional costs that are not commensurate with the actual debt of the counterparty.\u00a0<\/span><\/p>

    Therefore, before going to court you need at least:<\/span><\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    and. Check the counterparty.<\/b><\/p>

    Realizing that the court decision will be up to you, debtors resort to unethical practices, avoiding liability.\u00a0<\/span><\/p>

    Such techniques include:<\/em> change of location and director, withdrawal of assets, liquidation, etc. The result of these actions is the impossibility of recovering debt from the debtor company.\u00a0<\/span><\/p>

    To avoid such a situation, it is necessary to check the debtor before going to court.<\/em> Information on the change of location, director, the beginning of the liquidation can be obtained from open sources: USR, Cabinet of electronic services. You can also contact the debtor's sales department or its counterparties to check if the company continues to operate.\u00a0<\/span><\/p>

    The normal operation of the debtor company will increase the chances of debt collection. Conversely, suspicious changes can be a signal that it is no longer appropriate to go to court.\u00a0<\/span><\/p>

    ii. Choose a way to go to court<\/b><\/p>

    You can apply to the court for a court order or a statement of claim. The application for the issuance of a court order is considered in the order of injunctive proceedings, the statement of claim - in the order of simplified or general claim proceedings.\u00a0<\/span><\/p>

    Order proceedings<\/b><\/h4>

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    benefits<\/strong><\/p><\/td>

    shortcomings<\/strong><\/p><\/td><\/tr>

    • The court fee for filing an application is UAH 227.\u00a0<\/span><\/li><\/ul><\/td>
    • The court revokes the court order if there is a dispute over the debt. For example: the buyer will declare that the goods are of poor quality and he should not pay for the part or that he did not receive the goods and in the invoices is not his signature.\u00a0<\/span><\/li><\/ul><\/td><\/tr>
    • The court considers the application for a court order within five days from the date of its receipt.<\/span><\/li><\/ul><\/td>
    • A written contract signed by the parties is required. The courts generally deny satisfaction if there is a public contract or a treaty of accession.<\/span><\/li><\/ul><\/td><\/tr>
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