The question of how to cancel the enforcement fee is quite common among debtors who are at the stage of enforcement proceedings.
Article number 27 of the Law of Ukraine On enforcement proceedings indicates that a person who is a debtor and has not fulfilled the voluntary repayment of the debt to the applicant within 7 days (the period established by the state executive) from the date of receipt of the decision on the opening of enforcement proceedings, in favor of the state is collected you can learn about this amount from the writ of execution, the court decision or the executive inscription carried out by notarial bodies.
To carry out the abolition of the enforcement fee, it is necessary to carefully analyze the conditions and reasons based on which the state executive can make a corresponding decision.
It is also worth paying attention to the documents that precede the decision:
- Court decision on debt collection or the subject of collateral. By revoking or changing this decision, you can free yourself from the payment of the enforcement fee.
- Executive inscription carried out by a notary. If the executive inscription of the notary in court will be recognized as such, which is not subject to execution, the state executor will be obliged to complete the paperwork and cancel the collection of the enforcement fee.
- The SIS decision on the opening of enforcement proceedings. If the court finds the opening of enforcement proceedings unfounded and satisfies the complaint of the debtor, then, accordingly, the enforcement fee will also be canceled.
- The debtor was not aware of the commencement of enforcement proceedings. If the debtor has not received the necessary documents under the signature and therefore did not have the opportunity to exercise their right to voluntary repayment of the debt, it can become a significant argument in court on the issue of cancellation of the enforcement fee.
- Some other reasons that are actively used by our experts to help clients depending on the situation and circumstances of the case.
If you do not want to pay the enforcement fee, know that Kasyanenko & Partners Law Company specialists have enough experience to cancel the enforcement fee with minimal risk to the client.
And remember that poor-quality assistance from lawyers or even its absence will only harm you!