Abolition of notarial (executive) inscription

There are often situations when a person becomes a party to enforcement proceedings, and no court proceedings have been conducted or the person has not been notified. In this case, in order to protect your interests, it is important to seek qualified help as soon as possible.

The main condition for the execution of the writ of execution is the indisputable amount of the debtor's debt to the creditor. There are often situations when the creditor and the notary do not pay due attention to the definition of indisputability. This moment can become the basis for cancellation of the executive inscription of the notary in court.

Our company provides a wide range of legal services. Our staff employs experienced, qualified specialists who will immediately analyze your situation, inform you about the prospects and will be happy to take on the case and will definitely bring it to an end that will satisfy you.

If, in your opinion, you have become a party to the enforcement proceedings without good reason, it is most likely that the proceedings were opened on the basis of a writ of execution. According to the legislation of Ukraine, it is possible for a notary to issue an inscription for the execution of documents that determine a person's debt by force. But it is worth noting that today there is a practice of drawing up notarial inscriptions, where it is not provided by law. That is why it is necessary to clearly understand where the inscription has legal force, and where it can be revoked through the courts.

A notary's writ of execution is a document that certifies the recovery of money or property in favor of the lender by force. The writ of execution is made on the original document confirming the obligation (mortgage, return of the leased object, rent for utilities, loan agreement (illegally), etc.). And in cases where it is not possible to make it on the original, it is done on a notarized form, inextricably linked to the contract, which provides for the obligation.

Our specialists have enough practical experience, competence to provide quality services for the cancellation of the notary's writ of execution in court.

The notary's writ of execution must be made in accordance with the current legislation of Ukraine. That is why the notary has the right to make writs of execution only on the basis of documents confirming the indisputability of the debt or other liability of the debtor to the creditor.

It should be noted that the writ of execution cannot be made if the creditor applies to a notary with overdue debt claims - three years have passed since it was necessary to return the debt.

There are other grounds that certify that the notarial inscription was made in violation, namely the unjustified accrual of interest on the loan and the lack of necessary documentation for the execution of the writ of execution by a notary.

Our specialist has read and analyzed the case and found the nuances that are illegal. It will help to cancel the notary's writ of execution and release from out-of-court collection of credit debt.

An appeal against the notary's inscription takes place in court. Judicial proceedings must take place in litigation. To do this, it is necessary to prepare a claim for recognition of the notary's inscription as not enforceable.

As a rule, the case is based on the place of residence of the plaintiff (debtor), the location of the creditor, the property of the debtor. The creditor must be involved in the case as a defendant, and the notary must be involved as a third party on the side of the defendant.

Along with the lawsuit, it will not be superfluous to file a request to provide evidence, ie documents on the basis of which the writ of execution was drawn up. You can also prepare a statement asking the court to suspend the recovery on the basis of a notary's inscription. Because in time there is a risk that during the trial the inscription is subject to enforcement.

In addition, it is necessary to prepare their own good grounds for appealing the notarial inscription. An experienced professional will be able to quickly identify gaps in the writ of execution, if any, and add them to the claim.

The writ of execution may be revoked in accordance with applicable law within three years from the time when the debtor learned that he had become a party to the enforcement proceedings or should have learned.

Our qualified lawyers and attorneys will provide comprehensive advice, quickly study the case file, highlight the prospects. Then they will be able to represent your interests in court and get justice. That is why if you find yourself in an unpleasant situation with a notary's writ of execution, do not delay, do not waste energy and nerves, it is better to trust the professionals. We guarantee a fast and efficient result.