How to force the executor to recalculate the debt, which was deliberately overestimated - according to the regional average. They did not give a calculation of the debt for years. The lawyer did not say that it is necessary to demand a settlement, and then appeal. And then they closed the proceedings, then they say that it is forbidden to enumerate the closed proceedings, and on the basis of what they are silent. At the court one day, the defendant said that there are no prohibitions to redo the calculation.
How to force the executor to transfer the debt?
solvedAnswers
Yaroslav Sikorsky
As far as I understand, you owe alimony.
If you believe that the amount of alimony is determined to be excessive, you can reduce it by applying to the court with a corresponding application.
The amount of alimony, determined by a court decision or by agreement between the parents, may be subsequently reduced or increased by a court decision at the request of the payer or recipient of alimony, in the case of:
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changes in material or family status;
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deterioration or improvement of the health of any of them;
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in other cases stipulated by the Family Code of Ukraine.
If you believe that the debt was calculated incorrectly, you can appeal it in accordance with Article 74 of the Law of Ukraine "On Enforcement Proceedings".
The end of the enforcement proceedings for the collection of alimony does not affect the collection of arrears due to them, and therefore you need to familiarize yourself with the materials of the enforcement proceedings and appeal the arrears.
Contact me and I will help you solve this issue.
26.06.2023 09:56