Sometimes, there is a situation where, even with the timely payment of utility services, citizens receive a lawsuit for a non-existent debt. What to do in such a case to avoid problems?<\/p>\n\n\n\n
The specialists received a request from a Kyiv resident who was served with a false lawsuit for a debt related to heating, although he himself does not have any outstanding debts. According to him, he was most likely “confused with a neighbor, since the addresses are the same, but the bills are different – the neighbor really has a large debt.” The Kyiv resident noted that he saw the court’s decision of August 22 in the “Diya” electronic application only a few days after it was issued. He stated that it is impossible to contact Kyivteploenergo, and the Central Credit Institution can only issue a certificate of no debt. “I need to file a response in connection with the lawsuit. When does the 15-day countdown for submitting a response, specified in the decision, begin? I haven’t received anything by mail yet; I’ve only seen it in “Diya”. What actions need to be taken to resolve this issue?” – he asked the experts.<\/p>\n\n\n\n
According to the lawyer, the situation is indeed unusual.<\/p>\n\n\n\n
“The court ruling does indeed state 15 days for filing a response. The countdown for this period begins only from the moment of proper delivery of the ruling (i.e., when you actually receive it by mail or electronically through official channels, if you are registered in the electronic court). The fact that you saw the ruling in “Diya” does not yet indicate that the period has already begun. Case law and the position of the Supreme Court indicate that the period for filing a response is calculated from the moment of receiving a copy of the ruling (using a postal receipt, receipt, or confirmation from the “Electronic Court”). Therefore, until there was official correspondence, the 15 days did not formally begin,” the lawyer explained.<\/p>\n\n\n\n
The lawyer advised the author of the request to do the following:<\/p>\n\n\n\n
Submit a written response with evidence of the absence of debt (there may be copies of receipts, a certificate from the Central Bank of Ukraine, or other confirmations).
point out a possible error in identifying the defendant (another debtor with an account at the same address) – the court is obliged to verify this information;
Apply to involve Kyivteploenergo to clarify information about personal accounts and debtors.
\u201cIf you do not have debt, and the confirmation from the Central Bank of Ukraine and your payments confirm this, then the court must reject the claim. Even if this happened due to confusion, the responsibility cannot be placed on the incorrectly indicated defendant,\u201d the lawyer summarized.<\/p>\n\n\n\n
Previously, we reported on the risks associated with booking after paying a fine, as well as changes in the rules for calculating subsidies in Ukraine and the results of inspections of utility companies.<\/p>\n","protected":false},"excerpt":{"rendered":"
Sometimes, there is a situation where, even with the timely payment of utility services, citizens receive a lawsuit for a non-existent debt. What to do in such a case to avoid problems? The specialists received a request from a Kyiv resident who was served with a false lawsuit for a debt related to heating, although […]<\/p>\n","protected":false},"author":13,"featured_media":19857,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-19856","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n