HomeCategoryКредитно-боргові відносини

The Client was served with a lawsuit to recover the debt under the real estate lease agreement in the amount of UAH 763,583.50 and a penalty in the amount of UAH 9,045,764.91.

In court, the Client filed additional claims for invalidation of the real estate donation agreements as fraudulent transactions.

The court of first instance made a decision that satisfied the claims in full, which was upheld by the court of appeal.

Following a cassation appeal filed by our lawyer, the Supreme Court reversed the decision of the court of first instance in favour of the Client and reduced the amount of the penalty from UAH 9,045,764.91 to UAH 763,583.50.

The debt for housing and communal services was recovered from the Client by a judgment in absentia.

The attorneys of our Firm prepared and filed an appeal against the judgment in absentia.

The Court of Appeal cancelled the decision in absentia and made a new decision to dismiss the claim. The court found:

The panel of judges agrees with the arguments of the appeal that the calculations of the payments accrued to the defendant and 3% per annum attached to the case file do not confirm the fact of providing housing and communal services, and also do not allow to establish the grounds for the accruals and their validity. At the same time, in the opinion of the Court of Appeal, the documents submitted by the plaintiff regarding the tariffs are not considered to be proper, admissible and indisputable evidence, since, as can be seen from the content of the information, the tariffs are determined as of …, and Annex No. 1 on the amount and components of the tariff for the maintenance of the house and adjacent territory does not contain a date regarding the period of its application. At the same time, none of these documents contains evidence of when and by whom they were established and their respective approval (coordination).

A private notary made an executive inscription against the Client to recover the debt under the loan agreement.

The lawyer of our Firm prepared a lawsuit and an application for interim relief.

During the court proceedings, the enforcement proceedings were suspended, and as a result, the writ of execution was declared unenforceable and the legal aid costs were recovered from the financial company.