Filed a lawsuit to collect arrears for heat. By executive ...?

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... everything was paid by the letter that was sent to the enterprise. At the moment, there is no heating debt. How to remove the ban from the property?

11.05.2023 18:04 603

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Photo of sikorsky.y.o Yaroslav Sikorsky

The grounds for removing the seizure from the property (funds) of the debtor in the enforcement proceedings are:

  • termination of executive proceedings on the basis of Article 39 of the Law of Ukraine "On Executive Proceedings";

  • return of the executive document to the court that issued it;

  • cancellation by the court of measures to ensure the claim following the completed enforcement proceedings;

  • receipt to the account of the state executive service body, the account of the private executor sum of funds collected from the debtor, necessary to satisfy the demands of all debt collectors, collection of the enforcement fee, costs of enforcement proceedings and fines imposed on the debtor under completed enforcement proceedings;

  • if after the return of the executive document upon the written application of the debt collector (part 1 of Article 37 of the Law of Ukraine "On Enforcement Proceedings"), it is established that the executive document is not subject to execution or the obligations imposed by the executive document on the debtor are subject to termination in accordance with the terms of the dispute settlement agreement (settlement agreement) concluded between a foreign entity and the state of Ukraine at any stage of dispute settlement or case consideration, including the stage of recognition and execution of the decision, regardless of the date of conclusion of such agreement.

As can be seen from the above, if the company has paid all debts, then this is a reason for removing the seizure from the property. If the executor did not remove the arrest on his own, then first write a statement to the executor with the demand to remove the arrest. If the arrest is not lifted after that, you can challenge its inaction by filing a complaint with the Ministry of Justice of Ukraine and/or the court.

11.05.2023 23:28

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