The amount in a bank's or debt collector's lawsuit is not the debt. It is a claim that still has to be proved. In six cases I handled, creditors claimed a combined UAH 281,983.59, and the courts awarded UAH 66,131.88 — 76% less. In two cases the claim was dismissed in full. Below are the exact arguments that achieved this, with links to each decision in the register.
In brief: 6 points
- Do not ignore the lawsuit. If you don't file a statement of defence, the court will rule based on the creditor's documents alone — and award everything claimed.
- The creditor must prove the debt, not you. Printouts from the bank's website and a calculation without the underlying documents are weak evidence.
- The principal and the add-on charges are different things. Most often the court awards the principal and rejects the late-payment penalty, fines and fees.
- A monthly loan servicing fee, in the disputes I handled, was found to be contrary to the Law of Ukraine "On Consumer Lending."
- A debt collector must prove the assignment of the claim and that the debt had not already been repaid to the previous lawful creditor.
- In my six cases, out of UAH 281,983.59 claimed, UAH 66,131.88 was awarded, and in two cases the creditor's claim was dismissed entirely.
First steps after receiving a lawsuit
The most expensive mistake is putting the envelope in a drawer. The court will hear the case without you, and a default judgment will later have to be set aside, costing time and extra money.
- Check exactly what you received: a statement of claim with a ruling opening proceedings, a court order (судовий наказ, issued without a hearing), or an already-issued default judgment. These are three different situations with different deadlines.
- Find the deadline for filing your statement of defence and the hearing date in the ruling.
- Check who the claimant is: the bank itself or a company that bought the debt.
- Compare the claimed amount with the calculation in the attachments: how much is principal, how much is interest, how much is penalty, fees and fines.
- Gather your own documents: the loan agreement, receipts, statements, correspondence with the bank.
- File your statement of defence on time. Without it, the court will not consider your arguments.
Six cases: how much was claimed, how much was awarded
These are my own cases. The decisions are public — links to the Unified State Register of Court Decisions are given in each row.
| Creditor | Claim | Key defence argument | Result |
|---|---|---|---|
| Bank (credit card) | UAH 18,055.73 | Agreed lending terms not proved; documents without the client's signature | Full dismissal on appeal + UAH 3,153 in court fees awarded to the client (decision) |
| Bank | UAH 16,724.93 | Penalty and fee not agreed in the contract; website printouts are not evidence | UAH 5,224.90 principal awarded; penalty and fees dismissed (decision) |
| Monobank | UAH 98,520.47 | The application form contains no essential terms: rate, deadlines, penalty | Reduced on appeal to UAH 54,213.36 (decision) |
| Omega Finance (debt of Unex Bank) | UAH 30,557.30 | Monthly servicing fee is void under the Law "On Consumer Lending" | UAH 6,693.62 principal awarded (decision) |
| Digi Finance (debt of Mykhailivskyi Bank) | UAH 38,882.15 | The debt was already repaid in 2018 to the then-lawful creditor | Full dismissal (decision) |
| Financial company (several online loan agreements) | UAH 79,243.01 | No evidence the funds were disbursed and no correct calculation | Full dismissal (decision) |
| Total | UAH 281,983.59 | — | UAH 66,131.88 (76% less) |
These are the results of specific cases with specific documents. They show which arguments work, but they are not a promise of the same outcome in your situation. In four of the six cases the court awarded the principal — being fully released from the debt is the exception, not the rule.
Argument 1: the bank did not prove the agreed terms
The most common weakness in credit-card lawsuits. The bank attaches a rate schedule or a printout of terms from its own website to the claim — and builds its claim for interest, penalty and fines on that basis.
What has to be proved in response: there is no document signed by the client agreeing to these specific terms. A printout from the bank's website does not prove that the client was familiar with these particular rates and that they were in effect during the disputed period.
In the credit-card case, the first-instance court awarded everything — principal, interest, penalty and fines. The court of appeal reversed that decision and dismissed the bank's claim entirely, awarding the client UAH 3,153 in court fees against the bank. Practical takeaway: losing at first instance is not the end of the case.
Argument 2: an application form without essential terms
Relevant for online loans and card products arranged through an app. The creditor relies on a short application form that contains no interest rate, no deadlines and no penalty amount — these terms are "somewhere in the rate schedule."
In the Monobank case, the bank claimed UAH 98,520.47. It was proved that the application form contained no essential terms of the agreement, and the bank could not confirm that the client had been made aware of the rates. The court of appeal reduced the award to UAH 54,213.36.
Note: not "the debt was written off," but reduced by almost half. The principal remained. Promises of a complete debt cancellation through an "invalid application form" argument are marketing, not court practice.
Argument 3: the servicing fee is void
A monthly loan servicing fee can exceed the principal itself within a few years. In the case where a company was claiming UAH 30,557.30 under an agreement with Unex Bank, it was proved that such a fee was contrary to the Law of Ukraine "On Consumer Lending" and was void. The court awarded only UAH 6,693.62 of the principal, rejecting the fees and most of the interest.
So the first thing worth doing with the creditor's calculation is break the amount down into its components: principal, interest, fees, penalty, fines. Very often the fees and penalty make up the largest part of the claim.
Argument 4: the debt was already repaid to a previous creditor
A situation typical of debts that get resold between companies. Digi Finance was claiming UAH 38,882.15, having acquired the claim from PJSC "Mykhailivskyi Bank." It was proved that the client had fully repaid the debt back in 2018 — to the creditor that was lawful at that time. The court dismissed the claim entirely: the obligation had been properly performed.
This leads to a piece of practical advice that is worth a great deal: keep your receipts and statements of repayment for at least several years after closing a loan. A claim can appear five to seven years later from a company you have never heard of.
Argument 5: no evidence the funds were disbursed
In online loan agreements, the creditor often cannot prove the main fact — that the money was actually transferred to the client. In the case where a financial company was claiming UAH 79,243.01 under several online loan agreements, the absence of evidence of disbursement and of a correct calculation was emphasised. The court dismissed the claim entirely as unproven.
In that same case, the client's status as a military service member was taken into account separately: fines and penalties are not charged to such persons during the special period.
Limitation period: when it works, and when it doesn't
The general limitation period is three years. But there are three things worth understanding honestly:
- The court does not apply the limitation period on its own. You must raise it in your statement of defence. If you don't, the court will award the claim even if the period has long expired.
- A partial payment or signing an agreement acknowledging the debt resets the limitation period, and the count starts over. So do not sign documents from debt collectors without reading them.
- Expiry of the limitation period does not mean the debt disappears. It still exists — it simply cannot be recovered through the court, provided you raise the objection.
Separately, check the current transitional provisions on deadlines — they changed during the quarantine and martial-law periods. This is something to verify as of the date you file your statement of defence.
If it's a court order, not a lawsuit
A court order (судовий наказ) is issued without summoning the parties and without examining evidence. You find out about it after the fact — sometimes only after money has already been debited from your card.
The key point: the order is set aside on your application, and there is a short deadline for this from the day you receive the copy. After it is set aside, the creditor, if it wishes, files an ordinary lawsuit — and there it will actually have to prove the amount. That is exactly why setting the order aside is almost always in the debtor's interest: the dispute moves into a format where the arguments above apply.
Documents: what, where to get it, and why
| Document | Where to get it | Why |
|---|---|---|
| Statement of claim with all attachments | Mail, "E-Court" (Electronic Court) | Shows exactly what the creditor is trying to prove |
| Ruling opening proceedings | Court | The deadline for your statement of defence is counted from it |
| Loan agreement, application form | Your own records, the bank | Checking the essential terms |
| Creditor's debt calculation | Attachments to the claim | Breaking the amount down into principal, interest, fees, penalty |
| Bank statements and payment receipts | Bank, "Diia" app | Evidence of repayment; also affects the limitation period |
| Assignment of claim agreement | Must be provided by the claimant | Checking whether the collector has the right to sue |
| Correspondence with the bank and collectors | Mail, messengers | May confirm acknowledgement or denial of the debt |
Received a lawsuit or a court order? Send me the first page of the claim (or the order) and the debt calculation — that is enough to determine the procedural stage, the deadline for your statement of defence, and exactly which charges can be challenged. Write or call. Consultations are held in Ukrainian or Russian; written communication in English is available.
Mistakes that cost money
- Not filing a statement of defence. The court will decide the case based on the creditor's documents.
- Not raising the limitation period. The court will not apply it on its own.
- Signing an agreement acknowledging the debt or making a "token" payment at the collector's request — this resets the limitation period.
- Giving up after losing at first instance. In my case it was exactly the appeal that dismissed the claim entirely.
- Arguing only about the amount, without checking the grounds. Often there is no evidence of either disbursement or assignment of the claim.
- Throwing away receipts. The case where the debt had been repaid in 2018 was won precisely with the client's own documents.
Frequently asked questions
Can you avoid paying entirely if a bank sues you?
Sometimes, yes — in two of my six cases the court dismissed the creditor's claim entirely. But that is not the rule: more often the court awards the principal and rejects the penalty, fees and fines. Promising a full write-off in advance would not be honest.
Does a debt collector have the right to sue for a debt?
Yes, if it proves the assignment of the claim. So the assignment agreement and the notice to the debtor are the first things to check. It is also checked separately whether the debt had already been repaid to the creditor that was lawful at that time.
How much time do I have to file a statement of defence?
The court sets the deadline in the ruling opening proceedings, and it depends on the type of proceedings. Check your own ruling specifically — there is no universal deadline.
What if the money has already been debited from my card?
First find out the basis: a court order, a default judgment, or enforcement proceedings under a decision that has already entered into legal force. That determines exactly what to challenge. Court orders and default judgments can be set aside on application within short deadlines.
Does military service status affect the charges?
Yes, in one of my cases the client's status as a military service member was taken into account: fines and penalties are not charged to such persons during the special period. This does not release them from the principal, but it reduces the claim.
How much does it cost to handle a case like this?
The cost depends on the amount claimed, the stage of the case, and the number of hearings. Indicative prices are on the credit dispute services page. An initial assessment of the prospects based on the claim and the calculation is free.