Disputes with banks are one of the most common and at the same time complex categories of cases considered by the courts. As a rule, in such cases, banking institutions are the plaintiffs, and their clients are the defendants.
Lending is one of the most demanded banking services. To ensure the fulfillment of credit obligations, banks use additional (accessory) obligations, such as forfeit, surety, pledge and mortgage.
As a result of non-fulfillment or improper fulfillment of the main (credit) obligation, the bank has the right to calculate a forfeit and can satisfy its claims at the expense of the guarantor and collateral or mortgage property.
The agreements that the bank offers are in the form of a form or another standard form, that is, the terms of such an agreement are established by only one party – the bank. At the same time, a person who concludes an agreement with a bank does not always have the necessary amount of knowledge for an objective assessment of the essence of the agreement and the possible consequences of its conclusion.
However, the procedure for collecting debt on a loan, filing claims against the guarantor and foreclosure on the subject of a mortgage are also regulated by the Civil Code of Ukraine and other regulatory legal acts, compliance with which is mandatory.
A proper legal assessment of the agreements concluded with the bank and the competent application of legislative norms allows avoiding the loss of mortgage property, releasing the guarantor from his obligations, obtaining a refusal in the court to satisfy the bank’s claim for the collection of credit debt or a significant reduction in its size, remove arrests from property, cancel the ban on leaving abroad and delete the entry from the register of debtors.
Also, a separate category of banking matters are disputes about the return of deposits by the bank. It is not seldom problematic to achieve the return of a deposit in a pre-trial procedure, especially in the case of a bank being declared insolvent and liquidating, but both the amount of the deposit and the interest on it are collected in court.
Method
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Your appeal
At the first contact, with the help of the communication means indicated on the website, the lawyer clarifies the essence of the legal issue, and also determines the amount of documents required for submission by the client.
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Consultation
Legal advice is carried out at a personal meeting, at which the lawyer explains the issues of interest to the client, suggests possible ways to solve them and accepts the relevant documents for more detailed acquaintance.
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Study of documents
The legal assessment of the documents provided by the client is carried out in order to finally determine the legal position on the case, inform the client about it, as well as agree on the scope of services provided.
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Conclusion of the contract
Advocacy is carried out on the basis of an agreement on the provision of legal assistance, which is concluded in writing and regulates the conditions and procedure for the provision of advocate services.
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Preparation of procedural documents
In order to protect and exercise the rights of the client, the lawyer draws up statements of claim, appeals and cassation complaints, petitions, inquiries, claims, as well as other procedural documents.
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Representation of your interests
When carrying out advocacy, an advocate has the right to perform any actions that are not prohibited by law, the rules of advocate ethics and an agreement on the provision of legal assistance necessary for the proper execution of an agreement on the provision of legal assistance.