Enforcement proceedings.

What kind of practice is this?

Enforcement proceedings are a separate procedure that begins where the court process ends. The court decision itself does not return the funds or property: between the award and the actual receipt there are the enforcement service, registries, banks and the actions of the debtor, who often deliberately evades.

The practice is regulated by the Law of Ukraine "On Enforcement Proceedings", the Law of Ukraine "On Bodies and Persons Carrying Out Compulsory Enforcement of Court Decisions" (for private executors), Chapter VI of the Code of Civil Procedure (appealing the actions of the executor) and the Code of Bankruptcy Procedures (for hopeless cases involving individuals). A separate block is the recognition of foreign court decisions in Ukraine under Articles 462-470 of the Code of Civil Procedure.

Unlike a court case, there is no clear “decision day.” Enforcement proceedings are a long-term operation with active management. If the debt collector and his lawyer do not manage the process, the proceedings will hang for weeks and months without movement.

Who needs this practice?

Creditors who have won the dispute but cannot receive funds. Businesses - receivables from counterparties, individuals - loan repayment, victims - compensation for damage. The most common scenario: there is a court decision, enforcement proceedings have been opened, but the executor either does not act or acts formally. Active support is needed with the search for assets and pressure on the executor.

Debtors against whom enforcement proceedings have been opened. The law provides for protected property (single housing, minimum wage), limitations on total withholdings, the possibility of postponing or installment execution. Enforcement agents often act beyond what is necessary - they seize everything they find, and not in proportion to the amount of the debt. A debtor with a lawyer receives the protection to which he is entitled.

For business owners whose property has been unjustly seized in a third-party enforcement proceeding. A separate path is through a lawsuit to release the property from seizure.

Creditors with foreign judgments. A judgment of a court of another country is not automatically valid - a separate procedure for recognition in the Court of Appeal of Ukraine is required. It is complicated, but it works: a well-assembled package with an apostille and a notarized translation is accepted.

How we conduct enforcement cases

At the entrance - an honest assessment of the prospects for collection. If the debtor clearly has no assets and there is no reason to expect them to appear - we say this before taking an advance. The costs of conducting a hopeless case often exceed the real chance of recovering the funds.

If we take it - the choice of the enforcement agency. The State Enforcement Service is mandatory where the debtor is the state, a state or municipal body, an enterprise or a budgetary institution. Alimony can also be conducted by a private enforcement agent - with the difference that the protocol on administrative offenses for non-payment (publicly useful work) is drawn up only by the state. For the rest - we assess the feasibility of a private enforcement agent: he is motivated by remuneration, more active with registers and visits to the site, but more expensive. Often it is optimal to transfer proceedings already opened in the Internal Affairs Directorate to a private one.

Active support is our main difference from "filed and waiting". We coordinate the executor's requests to the registers (real estate, vehicles, PFU, DPS, banks), in parallel we analyze public sources and social networks to find assets that the executor cannot access on his own. For business debtors - analysis of the corporate structure, identification of schemes of withdrawal to related persons.

If necessary, appeal the inaction or excessive actions of the executor in the court that issued the writ of execution, or through an administrative complaint. The deadlines are short (10 days), the reaction must be quick.

How do we assess the future?

During the consultation, we review the enforcement document, the history of the proceedings (if any have already been opened), available information about the debtor - known assets, lifestyle, business structure. We conduct an initial examination of public registers to understand what is immediately visible.

We do not take on hopeless cases. If the debtor is an insolvent individual with no assets, with meager official earnings, and no prospects, we can honestly say that the result will be the same as in the Internal Revenue Service: a ruling on the impossibility of enforcement. Sometimes, instead, we offer a bankruptcy procedure for an individual - if it is in your interest (for the debtor) or as a method of restructuring (for the creditor).

If we take on the task, we choose a strategy (DVI or private executor, what to prioritize from the assets, whether to invest in the search) and give an honest forecast: the probability of return, realistic terms, approximate budget. We do not promise specific amounts and dates - the execution depends on the behavior of the debtor and the liquidity of his assets. But we promise active management and transparent communication regarding each step.