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The woman returned funds a home buyer had owed her for several years
  • Written by Maryna Lysych, head of Bila Tserkva office of Legal Development Network at BNGO "Legal Unity"
  • Published in  Success stories

In the beginning of 2013 a resident of Bila Tserkva sold her house in the village. The customer immediately paid part of the money and promised to return the rest later. The agreement was confirmed by a receipt. However, three years passed and the debtor never gave the money. Maria* supported by a lawyer Bila Tserkva office of the Legal Development Network went to court, which ruled in her favor. However, she faced with the inaction of the state executor. The woman again had to go to the Office and ask for help from human rights defenders.

Maria addressed the Office at the Legal Unity once again. In early 2016 she came to the reception to the lawyer of the Office Maryna Lysych with the issue of refund on receipt. After the summer of 2013, she sold the house in the village of Bila Tserkva district for 48000 USD. The buyer paid only 41770 UAH. The rest (6230 UAH) had to be returned before the end of 2013, as specified in the receipt. However, it took almost three years and the woman did not return the money. Maria turned to the lawyers of the organization for help in preparing a claim for the recovery of funds. According to the judgment of 20 April 2016, it was agreed to collect from the purchaser any shortfall due under the contract of purchase and sale taking into account inflation and 3% per annum in the amount of 11610 UAH.

Maria received the writ and submitted it to the Executive Service. Executive proceedings were opened on August 2, 2016, which was the relevant to the resolution. According to the document, the debtor had to give the money back until 9 August 2016. But she did not do it. The public executor did not carry out any significant action for the enforcement of the judgment.

Maria turned again to the lawyers of the Office for help on the issue of enforcement of the judgment. The lawyer Maryna Lysych helped her file a complaint about the inaction of the state executor. The reaction was not long in coming. In early April 2017 Maria got back her money.

*The name is changed for ethical reasons

P.S. Offices of Legal Development Network are created and work with the financial support of Human Rights and Justice Program Initiative of International Renaissance Foundation. You can learn more about activity of Network, basics and principles of work on Legal Spacewebsite.

 The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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