Recovered $6,728.63 on a Promissory Note — Debtor Claimed the Note Was Signed Under Duress

Initially, the debtor acknowledged the debt and did not dispute receiving the funds. After the repayment deadline passed, he remained in contact with the creditor and promised to repay shortly. He then stopped responding to calls and messages entirely, at which point the decision was made to pursue the matter in court.

The legal position was built around the original promissory note — signed by the debtor and held by the creditor. Under Ukrainian law, a creditor's possession of the original note confirms both the existence of the obligation and the debtor's failure to fulfill it.
The claim was prepared with a focus on the legal nature of a loan agreement as a real transaction, the admissibility of a promissory note as written evidence, and the creditor's right to recover interest under Article 625 of the Civil Code of Ukraine.

The case was heard under standard civil proceedings. During the hearing, the debtor partially disputed the claim — arguing that he had received a smaller amount than stated, and that the promissory note had been signed under duress.

Lawyer Mykyta Chubenko directed the court's attention to the content of the note itself, the complete absence of any supporting evidence for the debtor's claims, and the established position of the Supreme Court of Ukraine: that a creditor's possession of the original promissory note confirms non-performance of the loan obligation.

The primary risk in this case was the debtor's attempt to challenge both the amount borrowed and the voluntary nature of signing the note. Attorney Chubenko addressed this by focusing the court on the adversarial principle and each party's obligation to prove the facts they rely upon — the debtor provided no credible evidence to support either claim.

Since the debtor failed to provide any admissible evidence, the court accepted the position presented and granted the claim in full. By judgment of the Shpolyansky District Court of Cherkasy Oblast, the debtor was ordered to pay $6,728.63 — comprising the principal loan amount and accrued interest. The judgment has entered into legal force and is subject to enforcement under the Law of Ukraine on Enforcement Proceedings. The full text of the decision is available in the Unified State Register of Court Decisions.