Enforcement Service gets through to gas trader’s debtor
Subject of complaint: The Main Department of the State Enforcement Service in the City of Vinnytsia of the Head Territorial Department of Justice in Vinnytsia Oblast (the Enforcement Service)
Complaint in brief: On August 6, 2018, a wholesale gas trader turned to the Council. The Complainant could not repay the debt due to the Enforcement Service of the Ministry of Justice inactivity.
In August of 2016, the Complainant arranged with the buyer about the supply of gas. However, after the services had been provided, it turned out that the customer was not going to pay. As of the beginning of 2017, the buyer owed the supplier about UAH 100k.
Not having settled the issue of payment with the customer, the gas trader had to go to court. The court ruled in favor of the Complainant and ordered the debtor to pay off the gas trader. Debt collection was entrusted to the Enforcement Service. However, according to the Complainant, it didn’t take all the necessary steps to actually comply with the court's decision.
At first the Enforcement Service officers reported that they could not find vehicles belonging to the debtor. Later they laid attachment on debtor s bank accounts, however they proved to be empty.
Actions taken: The Council’s investigator asked the Ministry of Justice to check the effectiveness of enforcement actions in the Complainant’s case. He also stressed it was necessary to comply with the court's decision and repay the debt to the company.
Result achieved: The Enforcement Service finally found a way to get through to the debtor – found him as well as imposed collection against vehicles and non-residential buildings belonging to the debtor and sent materials to the police to bring the company-debtor’s CEO to justice. After that, in early October of 2018, the debtor returned UAH 100k to the company at last. The Complainant thanked the Council for assistance. The case was closed successfully.