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A Lawyer Used Chat Records to Prove a Loan and Obtain Recovery of UAH 160,023 from the Debtor’s Land
This case was handled by Ukrainian lawyer Mykyta Chubenko, who specializes in debt collection and business law — including contract disputes, creditor protection, and the enforcement of court judgments.
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On 19 October 2022, the client transferred UAH 114,366 to the borrower in four bank payments. The borrower repaid UAH 3,115.58 on 9 December 2024 but made no further payments. When the final repayment deadline expired on 10 January 2025, the outstanding principal was UAH 111,250.
After the default, the lawyer filed a claim on the client’s behalf. The transfer was supported by the client’s bank statement, Telegram and Viber messages, and proof of the partial repayment. Because bank secrecy prevented the client from obtaining information about the recipient’s account directly, the lawyer asked the court to order the bank to disclose it. The lawyer also calculated and claimed interest at twice the National Bank of Ukraine’s discount rate.
After the default, the lawyer filed a claim on the client’s behalf. The transfer was supported by the client’s bank statement, Telegram and Viber messages, and proof of the partial repayment. Because bank secrecy prevented the client from obtaining information about the recipient’s account directly, the lawyer asked the court to order the bank to disclose it. The lawyer also calculated and claimed interest at twice the National Bank of Ukraine’s discount rate.
How the case was built
A bank transfer proves that money moved between accounts, but it does not by itself establish that the recipient accepted the money as a loan. The lawyer therefore had to show that the funds were advanced on that basis, that the borrower acknowledged the debt and agreed a repayment date, and that only a small part of the amount had been repaid.
The lawyer relied on:
The lawyer relied on:
- Telegram and Viber messages in which the borrower acknowledged receiving UAH 114,366 and agreed to repay it;
- the client’s bank statement showing four outgoing payments;
- proof of the UAH 3,115 partial repayment;
- copies of public listings containing the same telephone number used in the messages with the defendant;
- official data on the National Bank of Ukraine’s discount rate for the interest calculation.
Obtaining the debtor’s bank records
Information identifying the recipient’s account and confirming the incoming payments was protected by bank secrecy and could not be obtained directly by the client. The lawyer applied for a court order requiring its disclosure, and the court granted the request.
The bank confirmed that the account belonged to the defendant and that it had received three payments of UAH 30,149 and one payment of UAH 23,919 on 19 October 2022. The total was exactly UAH 114,366.
The client’s statement proved that the money had left the client’s account, while the bank’s response confirmed that it had reached the defendant’s account. The messages established why the funds had been transferred and why the borrower had to repay them. Together, this evidence proved both the transfer and the underlying loan.
The bank confirmed that the account belonged to the defendant and that it had received three payments of UAH 30,149 and one payment of UAH 23,919 on 19 October 2022. The total was exactly UAH 114,366.
The client’s statement proved that the money had left the client’s account, while the bank’s response confirmed that it had reached the defendant’s account. The messages established why the funds had been transferred and why the borrower had to repay them. Together, this evidence proved both the transfer and the underlying loan.
Freezing the debtor’s land before judgment
The lawyer also checked which assets could be used to satisfy a future judgment. The case materials showed that the debtor’s only known asset was an unencumbered 3.3422-hectare land plot, cadastral number 0522883800:02:002:0022. Without an interim restriction, the debtor could have disposed of the land before the case ended.
The lawyer applied for interim relief and asked the court to freeze that specific plot. The application explained the risk of disposal and why the measure was proportionate to the UAH 166,680 claim: the land was capable of covering the debt.
On 30 September 2025 — the court granted the application and placed the land under attachment. This restricted its disposal and preserved an asset against which the judgment could later be enforced.
The lawyer applied for interim relief and asked the court to freeze that specific plot. The application explained the risk of disposal and why the measure was proportionate to the UAH 166,680 claim: the land was capable of covering the debt.
On 30 September 2025 — the court granted the application and placed the land under attachment. This restricted its disposal and preserved an asset against which the judgment could later be enforced.
Claiming interest based on the National Bank of Ukraine’s discount rate
In addition to the outstanding principal of UAH 111,250, the lawyer claimed interest under Article 1048 of the Civil Code of Ukraine. Because the parties had not agreed a contractual interest rate, the lawyer justified applying twice the National Bank of Ukraine’s discount rate.
The court accepted the formula, the applicable rates and the number of days included within the loan term. It awarded the client an additional UAH 47,188 in interest.
The court accepted the formula, the applicable rates and the number of days included within the loan term. It awarded the client an additional UAH 47,188 in interest.
Outcome of the court proceedings
At the hearing, the lawyer maintained the claim on the grounds set out in the statement of claim. The defendant filed no defence, but that procedural inaction did not guarantee success. The court made clear that the claimant still had to prove the facts supporting the claim.
The lawyer established the transfer of the money, the terms of the loan, the repayment deadline, the outstanding balance and the interest calculation. The court awarded:
The lawyer established the transfer of the money, the terms of the loan, the repayment deadline, the outstanding balance and the interest calculation. The court awarded:
- UAH 111,250 in outstanding principal;
- UAH 47,188 in interest;
- UAH 1,584 as reimbursement of the court fee.
Enforcing the judgment
The lawyer’s work did not end with the favourable judgment. It became final on 6 November 2025, and a writ of execution was issued on 10 December. The lawyer initiated enforcement so that the awarded amount could be recovered from the debtor’s property.
Enforcement proceeded against the same 3.3422-hectare plot that the lawyer had secured before the court decided the claim. The land was designated for commercial agricultural production and was subject to a lease, so the auction was conducted subject to the tenant’s statutory pre-emption right.
The auction took place on 9 June 2026. The starting price was UAH 459,887, and the land sold for UAH 550,000. The sale agreement was signed on 3 July. The auction record confirms that the sale was completed and records the final price.
The sale enabled the full UAH 160,023 awarded by the court to be recovered for the client.
Enforcement proceeded against the same 3.3422-hectare plot that the lawyer had secured before the court decided the claim. The land was designated for commercial agricultural production and was subject to a lease, so the auction was conducted subject to the tenant’s statutory pre-emption right.
The auction took place on 9 June 2026. The starting price was UAH 459,887, and the land sold for UAH 550,000. The sale agreement was signed on 3 July. The auction record confirms that the sale was completed and records the final price.
The sale enabled the full UAH 160,023 awarded by the court to be recovered for the client.
What to consider before starting court proceedings
Before commencing proceedings, two questions need to be answered: what evidence proves the debt, and which assets can be used to recover the money. Even a well-founded claim may not lead to actual recovery if the debtor sells or transfers assets while the case is pending.
Effective legal work therefore goes beyond preparing the statement of claim. It includes reviewing the documents and communications, identifying the debtor’s assets and assessing the risk that they may be disposed of. Where that risk exists, the lawyer can seek an interim asset freeze to preserve property for the enforcement stage.
Both issues were addressed in this case. The messages and banking documents proved the loan, while the bank records obtained through the court confirmed that the funds had reached the defendant’s account. At the same time, the lawyer identified the debtor’s land and obtained an attachment before the claim was decided. Once the judgment became final, the land was sold at auction and UAH 160,023 was recovered for the client.
Effective legal work therefore goes beyond preparing the statement of claim. It includes reviewing the documents and communications, identifying the debtor’s assets and assessing the risk that they may be disposed of. Where that risk exists, the lawyer can seek an interim asset freeze to preserve property for the enforcement stage.
Both issues were addressed in this case. The messages and banking documents proved the loan, while the bank records obtained through the court confirmed that the funds had reached the defendant’s account. At the same time, the lawyer identified the debtor’s land and obtained an attachment before the claim was decided. Once the judgment became final, the land was sold at auction and UAH 160,023 was recovered for the client.