Debtor’s Rights During Forced Debt Collection

May 10, 2026
Posted by: АРОУ
Category: Publications

Forced debt collection is the final stage of enforcement proceedings and is often associated by debtors with property seizure, account blocking, and significant psychological pressure. However, even at this stage, debtors have clearly defined legal rights that can and should be protected.

What Is Forced Debt Collection?

Once a court decision enters into legal force and the debtor fails to fulfill obligations voluntarily, the creditor may apply to the state or private enforcement service. Enforcement proceedings are then initiated, during which the following measures may be taken:

seizure of the debtor’s property and funds;
inventory and sale of property through auctions;
garnishment of wages;
temporary restrictions, such as travel bans.

Main Rights of the Debtor

The Right to Receive Copies of the Enforcement Officer’s Orders

The enforcement officer is required to notify the debtor about the initiation of proceedings, seizures, and other enforcement actions.

The Right to Review Enforcement Proceedings Materials

The debtor has the right to inspect documents, make copies, and submit comments.

The Right to Challenge Actions or Inaction of the Enforcement Officer

If you believe the enforcement officer is acting unlawfully, you may file a complaint with the court or the Ministry of Justice.

The Right to Request Deferral or Installment Payments

Under justified circumstances, the debtor may ask the court to change the method or timing of enforcement.

The Right to Protect Property Exempt From Seizure

The law clearly defines categories of property that cannot be seized, such as the debtor’s only residence, personal belongings, and minimum subsistence income.

The Right to Repay the Debt Voluntarily Without Additional Costs

Voluntary fulfillment of obligations within the prescribed period allows the debtor to avoid enforcement fees and penalties.

How Can You Protect Your Rights?

Keep all documents, payment receipts, and correspondence with the enforcement officer.
Carefully review all enforcement orders, as deadlines for appeals are limited.
Do not ignore notices or summonses, since passivity may worsen the situation.
Consult a lawyer if you are unsure about the legality of enforcement actions.
Submit applications and complaints in writing to properly document any violations.

How Can We Help?

The Ukrainian Bar and Real Estate Association provides legal support for debtors involved in enforcement proceedings:

analysis of the legality of enforcement actions;
preparation of complaints and applications for deferral or installment payments;
representation before enforcement authorities and courts;
legal support at every stage of the enforcement process.

Having debt is not a final sentence. The law provides debtors with legal tools for protection. The key is to act promptly and with the support of experienced lawyers.

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