What should the borrower and the guarantor do if the Bank sued?
As you know, the procedural legislation of Ukraine has a large number of gaps that allow the participants of the process to abuse the rights that they are endowed with the norms of the civil procedure code of Ukraine.
Abuse of rights is particularly common during litigation on the issue of debt collection.
Since the process is strictly formalized, the courts, as a rule, cannot stop such abuses. And debtors, often, are ready to use the most sophisticated methods to delay the trial and, thus, delay the moment of repayment of the debt on the loan.
Consider some ways of delaying the process
A counter-claim or separate proceedings
The borrower-debtor or the guarantor, to whom the requirement for collecting of debt on the credit was made, brings the claim to Bank, the creditor on the challenge of this credit agreement. At the same time, not a counterclaim was brought, but a claim in a separate proceeding.
This is done, in most cases, with only one purpose-to delay the process of the claim of the creditor Bank. After the claim for challenging the loan agreement is accepted by the court for consideration, the debtor declares the suspension of proceedings on the claim of the creditor Bank. In the vast majority of cases, the courts grant such applications and suspend proceedings against the creditor Bank. Through this, debtors manage to delay the process on the claim of Bank-creditor, and accordingly, and debt repayment term for a long time: from 6 to 12 (under certain circumstances and more) months.
Also, debtors (guarantors) use another way of delaying the process through counterclaims. For example, they file a counterclaim, without paying, at the same time, the state fee for its consideration. As a result, this claim is left without movement, and since the counterclaim is considered in the process of the claim of the creditor, the consideration of the original claim is also suspended.
Another means of abuse in court is the filing of a petition for the appointment of expertise on the disputed issue. Practice shows that the court does not always satisfy such requests. However, if the court will satisfy the petition and will appoint examination, then, depending on a type of examination, the judicial process can be tightened from several months to half a year. If, for example, an economic examination is appointed to recalculate the loan, the trial is delayed for about 5-7 months
Thus, the court of the first instance does not last 7-8 months, as it usually happens, but stretches for 2-3 years.
Among the common ways of delaying the process of debt repayment is also the involvement of third parties in court proceedings.
As a rule, the debtor, knowing that the meeting is one of the last, declares at it a petition for the involvement of a third person or a co-respondent-the one whose rights may be affected by the rendered decision.
In such a situation, the court has to consider the case from the very beginning, which delays the process for at least another month.
To prevent such a move on the part of the defendant, the plaintiff must advance before litigation or in its early efforts to identify the individuals which may be related to the dispute and to take the initiative to attract the Respondent or the beneficiary at the beginning of litigation.
Unfortunately, based on moral prejudices, Kasyanenko & Partners Law Company cannot voice all the methods of delaying the trial. But, in any case, the knowledge of their rights can help the defendant the Bank debtor, if not reset, and then at least significantly reduce the possible financial losses.
In General, because there are many ways in which you can delay the trial and slow down the repayment of debt on the loan, Bank lawyers make every effort to ensure that the claim to the defendant was unprofitable to delay the process. For example, in advance, at the very beginning of the trial, the Bank asks the court to seize the property of the debtor or guarantor, to prohibit travel outside Ukraine.
Thus, there are various methods, the correct use of which will protect against financial losses. Our specialists have extensive experience in protecting the interests of both debtors and creditors in cases of debt collection
Turning to us, you are guaranteed to receive reliable legal protection in ANY difficult situations.