- May 10, 2026
- Posted by: АРОУ
- Category: Publications
In business and private financial relationships, situations often arise where a counterparty or individual avoids fulfilling contractual obligations. A debtor’s failure to respond may result in financial losses, disruptions in company operations, and serious legal consequences. To effectively protect your interests, it is important not only to record the fact of the violation but also to collect proper evidence that may later be used in court or during pre-trial settlement.
What Is Considered Evasion of Obligations?
Examples of evasion include:
- Full or partial failure to fulfill contractual obligations, such as non-payment, non-delivery of goods, or refusal to provide services.
- Ignoring written requests, reminders, and notices.
- Deliberately delaying performance without valid reasons.
- Ignoring contract termination provisions or refusing to return an advance payment or deposit.
What Evidence Has Legal Force?
Contract or Other Written Agreements
This is the primary document defining the rights and obligations of the parties. It should clearly set out the terms of performance, deadlines, and liability.
Certificates of Completion, Delivery Notes, and Transport Documents
These documents confirm partial or full performance of obligations on your side, creating grounds to expect corresponding performance from the debtor.
Correspondence With the Debtor (Electronic or Paper)
Emails, messenger communications, SMS messages, and registered letters with proof of delivery are important evidence that the debtor was informed about the issue but failed to respond.
Reconciliation Statements
Signed reconciliation statements confirm the existence of outstanding debt between the parties.
Payment Demands or Formal Claims
These should be sent in writing with confirmation of receipt, such as registered mail, courier delivery, or notarized confirmation.
Witness Statements or Audio/Video Recordings
In some cases, these may serve as additional evidence, provided they comply with legal requirements regarding confidentiality and privacy.
Bank Statements
These confirm payments made by your side or the absence of payments from the debtor.
How Should You Act?
Record Every Step
Document all interactions with the debtor, including calls, meetings, and correspondence.
Send Written Reminders and Demands
This demonstrates your active position and may later be used as evidence in court.
Consult a Lawyer
A lawyer will help properly collect evidence, prepare formal claims, and develop a legal strategy.
Prepare for Litigation
Even if you hope to resolve the dispute amicably, evidence collection should begin from the very first days of the conflict.
How Can We Help?
The Ukrainian Bar and Real Estate Association provides comprehensive legal assistance in debt collection matters:
- Legal analysis of the situation and recovery prospects.
- Preparation of legally sound claims and demands.
- Collection and preservation of evidence.
- Representation in court and negotiations with debtors.
- Support during enforcement proceedings.
Do not delay — protect your rights with professional legal support.
Contact us today, and we will help recover your debt through lawful means.
