Procedure for setting aside a court order to recover debts for housing and communal services

<span>Many citizens have encountered situations where they have found in their mailboxes orders from a city court to collect debts for utilities and energy supply companies. Without receiving a single warning bill, residents are faced with the fact that they must comply with the court order and pay off their utility debt, even though they do not believe they owe any such debt. But all is not lost - you can fight, especially if you have evidence of your own "innocence."</span>

Previously, in order to collect a debt for utilities, utilities had to file a lawsuit in court and prove that the consumer had debts. The latter had to receive court summonses, appear in court, and provide explanations for the payment (or non-payment) of utility bills.

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From now on, it is possible to collect a debt for utility services from a citizen in a simplified procedure - writ proceedings. In this case, utility companies file an application with the local court to issue a court order against the consumer, confirming their debt with a statement of debt, which is certified by a seal.

The case is considered without summoning the parties and a court hearing.

In this case, you should remember that you have all the legal remedies available to you to protect yourself from this form of indisputable unilateral collection:

1) the court is obliged to send a copy of the court order to the debtor by registered mail no later than the next day after its issuance.

2) the debtor has the right to file an application for its cancellation within 10 days from the date of receipt of a copy of the court order and the documents attached thereto. An application for setting aside a court order shall be submitted in writing to the same court that issued the relevant order.

Therefore, you should hurry up with filing an application for setting aside a court order.

Remember: If the order is not appealed during this period, it will then enter into force.

The application for the cancellation of the court order must contain references to the circumstances that indicate the full or partial validity of the applicant's claims (description of the circumstances in which the claims are not fair and not justified, why you do not agree with them) and references to the evidence by which the debtor substantiates its objections to the applicant's claims (the difference between the amount of debt and your receipts, the availability of the Acts of claims regarding the quality of utilities, etc.)

The application shall be signed by the debtor or his/her representative and submitted with a copy of the application and copies of the documents attached thereto to be provided to the claimant.

If you learned about the existence of a court order from the state enforcement officer and were not duly notified of its issuance by the court, you should apply to the court that issued the court order with a request for a copy of the court order. After that, you should file another application for the renewal of the missed deadline and the cancellation of the court order (such an application should be accompanied by a certificate from the post office stating that you have not received any registered correspondence from the court).

An application for setting aside a court order shall be considered within 10 days from the date of the decision to accept such an application for consideration in an open court session. The court shall notify the creditor and the debtor of the scheduled court hearing in advance.

Upon consideration of the case, the court has the right to:

1) dismiss the application for setting aside the court order

2) cancel the court order and clarify that the claims filed by the creditor may be considered in the lawsuit proceedings in compliance with the general rules for filing a lawsuit

3) amend the court order.

An amended court order or a court order in respect of which the court has ruled to dismiss the application for its cancellation may be appealed.

For extended legal advice and free legal aid, internally displaced persons may apply to the public reception of the Odesa regional organization of the NGO "Committee of Voters of Ukraine" at the following address: 25 Sadykovska St., Odesa.
Pre-registration by phone (048) 716-46-83.

The activities of the reception center are carried out within the initiative of the Ukrainian Helsinki Human Rights Union with the financial support of the Government of Sweden through the Swedish International Development Agency (SIDA) and the Government of Canada through the Department of Foreign Affairs, Trade and Development (DFATD),Human Rights First program.

Khrystyna Kabakova

lawyer of the public reception

of the Odesa regional organization of

NGO "Committee of Voters of Ukraine"