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KPD CONSULTING LAW FIRM SUCCESSFULLY PROTECTED THE CLIENT'S INTERESTS IN THE CASE REGARDING REMOVAL OF SEIZED PROPERTY

A Client who had been unsuccessfully trying for several years to remove the seizure of property imposed on the basis of enforcement proceedings applied to KPD CONSULTING Law Firm.

Thus, in 2014 the Department of the State Enforcement Service opened enforcement proceedings on the basis of a writ of execution, took actions to recover the debt and seized all the property of the Client and his guarantors to ensure execution of the court decision. Later, at the request of the collecting bank, the writ of execution was returned without execution. After that, the debt was paid by the Client to the bank voluntarily. However, despite the actual execution of the court decision, the absence of debt and claims of the collector, the enforcement service for several years repeatedly refused the Client to remove the seized property and repeated attempts to resolve the issue in court were unsuccessful.

However, the attorneys of KPD CONSULTING Law Firm thoroughly processed the documents on the said enforcement proceedings, collected sufficient data and information, including in archived records, and applied to court to remove the seized property of the Client and his guarantors.

In particular, the attorneys in the legal position assumed that the actual execution of the court decision excludes the need to apply enforcement measures and is the basis for termination of enforcement proceedings and removal of the debtor's seized property. In addition, the Law of Ukraine "On Enforcement Proceedings" clearly stipulates that in case of termination of enforcement proceedings or return of the enforcement document to the court that issued it, the seizure imposed on the debtor's property (funds) shall be removed, information about the debtor shall be excluded from the Unified Register of Debtors and other measures taken by the executor to implement the decision shall be canceled.

Based on the results of consideration of the complaint of KPD CONSULTING Law Firm, the court agreed with the legal position of the attorneys and made a positive decision in favor of the Client.

More information about the above case and many others is at the webinar of KPD CONSULTING Law Firm on "Removal of seized property in enforcement proceedings", which is scheduled for March 26, 2021, details at: http://lawbot.com.ua/product/freezing_order/.

Igor Kalitventsev

Managing Partner

KPD Consulting

 

 

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Igor Kalitventsev (i.kalitventsev@kpdconsulting.com.ua). We will be pleased to assist You. The information contained in this overview is not intended to provide legal advice and should not be relied on or treated as a substitute for specific advice concerning individual situations.

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