January 21, 2025, the Kharkiv Court of Appeal partially upheld our client’s appeal in case № 22-ц/818/342/25 (proceeding № 22-ц/818/342/25). The court partially overturned the default judgment of the Dzerzhinsky District Court of Kharkiv, marking an important victory for our team and the client.
Case Background
The case concerned a claim for debt recovery under a loan agreement.
On November 3, 2022, the Dzerzhinsky District Court of Kharkiv issued a default judgment, fully granting the plaintiff’s claims. More than 666,000 UAH was ordered to be recovered from our client, including:
- 136,570 UAH – principal debt;
- 20,226 UAH – inflation losses;
- 10,113 UAH – three percent annual interest;
- 499,846 UAH – penalties;
- 56,004 UAH – court costs.
Our client was unaware of the court proceedings and had not received any court documents, as confirmed by the case materials. The client discovered the default judgment through the “Diia” application. Realizing the need for fair representation, the client turned to our law firm for assistance.
Professional Legal Work
Our firm’s lawyer, Anna Oleksandrivna Vailenko, analyzed the case materials and the default judgment issued by the court of first instance. She prepared and filed a motion to set aside the default judgment and restore the procedural deadlines. However, the Dzerzhinsky District Court of Kharkiv denied the motion.
Consequently, the lawyer prepared an appellate complaint, substantiating:
- violations of the principles of equality of the parties and procedural adversariality;
- improper application of substantive and procedural law by the court of first instance;
- the client’s inability to exercise their right to defense in the first-instance court.
Result of the Appeal
The Kharkiv Court of Appeal issued a decision that represented a significant victory:
- The default judgment of the first-instance court was overturned in part, specifically regarding the penalties of 499,846 UAH.
- Revised the allocation of court costs:
- The client was ordered to pay 12,349 UAH to the plaintiff for legal assistance in the first-instance court instead of 49,337 UAH.
- The plaintiff was ordered to reimburse the client 6,020 UAH as compensation for the appellate court fee.
Significance of This Decision
This case serves as another example of our team’s successful efforts to protect clients’ rights. Thanks to the correct strategy and the lawyer’s professional actions, we achieved:
- the cancellation of a substantial portion of the debt, amounting to more than half a million UAH;
- a significant reduction in the client’s financial burden;
- the restoration of the client’s violated rights.
This decision demonstrates that even in challenging cases involving default judgments, justice can be achieved.
Why Choose Us?
Our law firm consists of a professional team with years of experience in resolving complex legal disputes. We provide:
- an individual approach to every case;
- high-quality preparation;
- uncompromising protection of our clients’ interests.
Our Advice!
If you need assistance with legal matters, contact us. We will help protect your rights and achieve the best possible outcome!