Success

Case Summary

In June 2020, attorney Dmytro Chuguienko successfully completed the enforcement of a court decision dated May 17, 2018, to recover about 43,000 UAH.

Why did this case take more than 2 years to resolve? Read on to find out.

Background

In October 2017, a Polish company specializing in employment services for foreign nationals in Poland contacted attorney Dmytro Chuguienko.

The dispute involved a Ukrainian citizen (the Debtor) who had received 1500 Polish zlotys and failed to return the amount as per the contract.

The company decided to pursue the case despite the relatively small amount due to the Debtor's arrogant and cynical behavior.

1. Court Proceedings

To protect the Client's rights, the attorney filed a claim against the Debtor, which went unanswered.

On December 1, 2017, the attorney filed for a court order to expedite the recovery of funds. The court order was issued on February 16, 2018, but was annulled on March 12, 2018, upon the Debtor's request.

On March 13, 2018, a lawsuit was filed in the Commercial Court of Cherkasy Region. The claim was fully satisfied on April 24, 2018, and the court order was issued on May 17, 2018.

In August 2018, after the enforcement proceedings had begun, the Debtor filed an appeal to delay enforcement. The appeal was rejected by the Kyiv Commercial Court of Appeal on September 11, 2018, and the decision was upheld by the Supreme Court on January 21, 2019.

2. Enforcement Proceedings

A private executor, Oleksiy Plesyuk, agreed to enforce the court decision. The enforcement proceedings began on June 26, 2018, with asset freezes imposed on the Debtor’s property.

Despite numerous efforts to locate the Debtor’s assets, including inquiries to various state agencies, no substantial assets were found.

The final enforcement measure involved a temporary travel ban for the Debtor, approved by the court on March 22, 2019. However, this did not compel the Debtor to comply.

3. Criminal Proceedings

Due to the Debtor's continued defiance, a criminal complaint was filed on May 9, 2019. The police were slow to act, leading to numerous legal complaints and appeals by the attorney.

Persistent efforts, including appeals to supervisory authorities, eventually led to the initiation of investigative actions.

Finally, the Debtor contacted the private executor, agreeing to comply with the court decision in exchange for the closure of the criminal case.

4. Success

What led to success in this seemingly hopeless case? Systematic, lawful pressure on the Debtor was key to enforcing the court decision.

If the police had performed their duties promptly, the enforcement period could have been reduced by a year.