Recovery of damages and penalties under the contract.
We collect damages, fines, and penalties through the court for breach of contract by the counterparty: non-performance, delay, inadequate quality.
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| Consulting Analysis of the contract and the circumstances of the breach; Full calculation of the amount of claims; Written opinion on the prospects; Action strategy; Without legal representation | 7 ₴ |
| Full support Everything from Consulting; Preparation of a claim; Statement of claim; Motion for seizure of property; Representation in court; Enforcement proceedings | from 25 000 ₴ |
| Premium Large amount of losses (long enforcement proceedings, several property objects); Non-resident debtor or international arbitration; Expertise (construction, technical, valuation); Protection from counterclaim | from 50 000 ₴ |
About the service
The counterparty has violated the contract - failed to perform, was late, delivered of inadequate quality - and does not respond to your demands? The law and your contract provide several levers for recovery: direct damages, lost profits, contractual penalty (fines, penalties), 3% per annum and inflationary interest on monetary obligations. In total, this is often many times more than the initial amount of the claims.
We prepare a claim, then a lawsuit, obtain a writ of execution, transfer it to the enforcement service. We bring the case to the actual receipt of funds. Often the issue is resolved at the claim stage - the counterparty sees a professional calculation of the full amount and goes to negotiations.
What do you get?
A court decision to recover from the counterparty the amounts that he is obliged to pay you: losses incurred, lost profits, contractual penalty (fines, penalties), 3% per annum for late payment, inflationary losses, legal costs. We transfer the writ of execution to the enforcement service for the actual receipt of funds.
- Recovery of direct damages (documented expenses)
- Recovery of lost profits (income not received due to the violation)
- Contractual fines and penalties for late payment
- 3% per annum and inflationary losses for the period of default
- Enforcement proceedings for the actual receipt of funds
How it works
We analyze the contract for the presence of formulas for calculating fines and penalties, a list of payments provided as sanctions for non-performance. Special attention is paid to whether the procedural requirements of the contract were met: notification of a violation, a claim, and a deadline for correction. Without these steps, individual claims may be rejected by the court.
We calculate the full amount of claims: direct damages, lost profits (often 'forgotten' by the party, but legally enforceable), contractual penalty, 3% per annum and inflation (standard for monetary obligations in Ukraine). We prepare a claim - often the issue is resolved before the court, because receiving an official claim with arguments forces the counterparty to negotiate.
If the claim did not work - we prepare a lawsuit with the justification of each claim. We file a petition for the seizure of the debtor's property. We defend our position in court, obtain a decision, and transfer the writ of execution to the enforcement service or a private bailiff for actual collection.
When is it the right choice?
Contact us when the counterparty has not fulfilled the contract in full or in part; has exceeded the deadlines for performance; has delivered goods/services of inadequate quality; has not paid for the work performed or the goods delivered; has performed less than promised, with a significant deviation from the contract.
Do not contact us if you yourself have not fulfilled your part of the contract (then there will be a counterclaim) or the amount of the claim is insignificant (the cost of legal work and court fees may exceed the expected result). During the consultation, we will honestly assess the prospects and costs.
Who needs this service?
The counterparty did not fulfill
We ordered work/goods, paid, but there is no performance - we charge a refund plus damages.
Didn't pay for work done
You performed the work or delivered the goods, and the counterparty 'forgot' to pay - we charge the amount plus a penalty.
Delay with significant consequences
The delay caused you losses (breakdown of the contract with a third party, lost profit) - we will charge the full amount.
Inadequate quality
Received defective or poor-quality work - reimbursement of the cost of processing plus related damages.
Settlements with a non-resident
A foreign counterparty has violated a foreign economic activity agreement - the strategy depends on the chosen jurisdiction; we consider it in the Premium package.
How we work
- 01
Contract analysis
We identify sanction mechanisms, penalty formulas, and mandatory procedural steps. On the day of the appeal.
- 02
Calculation
Full calculation: direct losses, lost profits, penalty, 3% per annum, inflationary.
- 03
Claim
We prepare a claim with the full amount and arguments - often the issue is resolved at this stage.
- 04
Claim
If the claim does not work - a lawsuit with a request to seize the debtor's property.
- 05
Implementation
We transfer the writ of execution to the enforcement service or a private executor. We monitor the actual receipt of funds.
What will be required of you?
- Contract original or copy
- Implementation documents acts, invoices, receipts - confirm your part of the performance
- Evidence of violation letters, acts, expert opinions on inadequate quality, evidence of delays
- Calculation of losses primary documents confirming the amount of direct costs and lost profits
- Correspondence with the counterparty performance requirements, responses or lack thereof
- Debtor details EDRPOU, address, bank accounts - for enforcement proceedings
Frequently asked questions
01 What is included in the 'full calculation' of claims?
Direct losses (documented expenses), lost profits (income that was not received), contractual penalty (penalty - usually 0,1-0,5% per day of delay; fines - fixed), 3% per annum on monetary obligations, inflation index for the period of non-performance, court fee and legal aid costs. The amount is often many times greater than the initial amount of the claims - therefore correct calculation is critical.
02 Can 'lost profits' be recovered?
Yes, but you need to prove that you had a real opportunity to earn income, and it was the counterparty's violation that prevented you from doing so. This is often confirmed by contracts with third parties that you could not fulfill due to the defendant's violation. We structure the evidence base during the initial analysis.
03 How does the claims procedure work?
We prepare a written claim with a full calculation and argumentation, send it by registered letter with a description of the attachment. In most commercial disputes, the law requires a preliminary submission of the claim before the lawsuit. The counterparty has a certain period of time to respond. Real value - often 30-50% of disputes are resolved at this stage through negotiations.
04 What is the risk of a counterclaim?
If the counterparty can prove that you also violated the contract (delay in payment, improper assignment, improper preparation) - he will state counterclaims. Before filing a lawsuit, we carefully analyze your performance so as not to get a negative balance. Often, before filing a lawsuit, we prepare an act of reconciliation of mutual settlements.
05 How long does the whole process take?
Depends on the circumstances and behavior of the debtor. Claim - 1-2 weeks. First instance proceedings - 4-8 months. Enforcement proceedings - from several weeks (if there are cash accounts and property) to years (for a debtor who systematically evades). We discuss the terms during the consultation.
06 Can legal costs be recovered?
Yes. Court fees, the cost of legal assistance, expertise, translation of documents - all are subject to recovery from the guilty party in the event of the claim being satisfied. This is included in the writ of execution and is recovered together with the principal debt.
07 What if the debtor has no property?
The risk of unsuccessful execution is real. At the analysis stage, we check the debtor in the registers: whether there is real estate, vehicles, assets, accounts. If it is an 'empty company' - we can advise not to file a lawsuit, or to act through bankruptcy, or to seek subsidiary liability of managers. At the consultation, we show a realistic perspective.
08 Is the appeal included in the price?
No. The appeal is a separate contract, the cost is formed after the decision of the court of first instance.
Do you have any questions about this service?
A partner of "Your Lawyer" will answer your questions during the working day with an assessment of the prospects and cost.