Writs of execution
Affective assistence at enforcement proceeding
Delivery of a judgment is only a part of a case. A successful judgment shall be enforced. Enforcement of judgments and other writs of execution shall be carried out by the State Executive Service or private executors. At the same time the success of enforcement proceedings directly depends on a qualified legal assistance. A lawyer will not only provide you with some advice on legal aspects of enforcement proceedings, but also will ensure the necessary procedures to enforce the judgment shall be followed.
Jurvneshservice attorneys provide for an effective assistance in the field of enforcement proceedings. A client without any legal support may face a situation when repossession of property, debt collection or other enforcement of a judgment becomes a lengthy and unpromising procedure.
Highly qualified Jurvneshservice attorneys can provide you a full support in procedures of enforcement of Ukrainian and foreign judgments, enforcement of notary writs and other executive documents.
Development of a comprehensive strategy
Jurvneshservice is a team of professionals aiming to ensure the achievement of the result, which is necessary for the client. To this end we are developing a comprehensive strategy to enforce the judgment.
The strategy of enforcement of a judgment may comprise of a preliminary search for the debtor’s property, matters concerning interaction with the state executive service or a private executor, a plan of possible measures within the enforcement proceedings addressing foreclosure (when the estate becomes the absolute property of the mortgagee), analysis of risks of possible non-enforcement of the execution writ.
A preliminary search for a debtor’s property includes analysis of its/his/her possible assets, analysis of registries and open data sources, searching for bank accounts, searching for a debtor’s movable and immovable property, and corporate rights in other companies, any encumbrances or other enforcement proceedings pending.
At the same time, we are ready to offer a comprehensive strategy for debtors as well for the maximum protection of their rights and interests within the framework of enforcement proceedings that will allow managing enforcement proceedings with the least losses.
Support for enforcement proceedings
Jurvneshservice attorneys will be able to provide you a full range of services related to support for enforcement proceedings, namely:
- development of an integrated strategy for support for enforcement proceedings;
- preparation of documents for initiating of enforcement proceedings;
- search for assets and property of the debtor;
- legal support for debt enforcement proceedings;
- legal support for procedure for recovery of the debtor’s property;
- foreclosure of collateral or mortgage;
- foreclosure of a lease;
- legal support of enforcement of non-monetary judgments;
- effective protection of interests of debtor in all types of enforcement proceedings;
- control over enforcement of judgments and decisions of other government authorities;
- appeal against unlawful decisions/actions of the executive service bodies.
Appeal against decisions/actions/omissions of executors
The success of enforcement proceeding is directly fuelled by control over it. Unfortunately, despite of 10% remuneration stipulated by law for the state executor for successful enforcement of judgment, the state executive service in Ukraine is slow and not always correctly implements the procedures provided for by the Law of Ukraine “On Enforcement Proceedings” that is why it is always better to work with private executors. Due to that fact sometimes a creditor shall appeal against unlawful decisions, actions or omissions of the executor. Appeal against decisions/actions/omissions of the executor is an effective means of protection of interests of both the creditor and the debtor. Such an appeal may be made within the framework of the system of executive service bodies or in court. When appealing against decisions of the executive service in the judicial authorities, it is necessary to determine the court to apply: general court, administrative court or commercial court. It depends actually on the fact which judicial body delivered the judgment being enforced now. As a general rule, appeals against decisions/actions/omissions of the executive service shall be filed to the court that delivered a judgment under enforcement. And in case the execution document is issued by another body, for example, by notary, the decision of executor shall be appealed against in the system of administrative courts.