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How to proceed with seized property

Olena Makova turned to the Voznesenkiy legal aid center. Her ex-husband Mykola took a credit a few years ago when they were still married. At first he paid his bank every month, but two years ago he lost his job and couldn’t afford paying his debt.

 

The situation got worse. The bank complained to court and has won the case against Mykola. The executive committee, without further notice, seized all family’s property. They even seized Olena’s car without taking into account that Olena was the only owner of the car and has bought even before meeting Mykola. Moreover, her apartment she used to share with her ex-husband was also seized by the executive committee. She decided to act to bring her property back.

She turned to the legal aid center and asked for help.

Sergiy Binko, the center’s lawyer, consulted her and explained what she had to do. Such situations do happen a lot and close relatives or family members can suffer from property seizing. To bring back seized property, you have to go to court. After writing a complaint, you will have to prove that your property is only yours and cannot be seized for somebody else’s debts. It is very important to have valid proofs such as payments certificates with your name on it, bank transfers from your account etc.

After receiving your complaint the court will appoint a judge who will proceed with your case. The judge will rule accordingly to the Law of Ukraine “On enforcement procedures” (art.60). The decision will be sent to the complainer and to the institution that has seized property.

Additional information. Voznesenkiy legal aid centerprovides free secondary legal aid and operates in the framework of USAID Agroinvest “Legal land rights services” programme.

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