How to challenge a notary’s writ of execution

When this applies

This guide is for you if you learned that a cred­i­tor or another person ob­tained a notary’s writ of ex­e­cu­tion and sub­mit­ted it to a state or private en­force­ment officer. Debtors often dis­cov­er the issue only after an order opening pro­ceed­ings, a bank account seizure, salary de­duc­tions, or a no­ti­fi­ca­tion in a banking app.

In Kyiv, a common sit­u­a­tion in­volves col­lec­tion under a credit agree­ment, loan, pledge, or another debt doc­u­ment where the debtor dis­putes the amount or the right to collect at all. Act quickly: en­force­ment pro­ceed­ings may con­tin­ue re­gard­less of the debtor’s verbal ob­jec­tion to the debt.

If the first sign was a bank re­stric­tion, also check the guide on bank account seizure. This helps dis­tin­guish an ap­pli­ca­tion to the en­force­ment officer, a com­plaint about the en­force­ment officer’s order, and a claim con­cern­ing the notary’s writ itself.

Applicable deadline or procedure

The Law “On No­taries” allows writs of ex­e­cu­tion to collect money or recover prop­er­ty, but only under the con­di­tions set by law and the list of doc­u­ments for undis­put­ed col­lec­tion. If the debtor be­lieves the demand was dis­put­ed or the notary vi­o­lat­ed the pro­ce­dure, the no­tar­i­al act may be chal­lenged in court.

In prac­tice, a debtor usually files a claim seeking a de­c­la­ra­tion that the writ is un­en­force­able. If en­force­ment pro­ceed­ings are already open, sep­a­rate­ly con­sid­er a motion for interim relief. The Civil Pro­ce­dure Code ex­press­ly allows sus­pen­sion of col­lec­tion under an en­force­ment doc­u­ment that the debtor is chal­leng­ing in court.

Sep­a­rate­ly check whether the writ con­cerns a credit agree­ment that was not no­ta­rized. The Law on En­force­ment Pro­ceed­ings con­tains a spe­cif­ic ban on opening pro­ceed­ings based on such writs, but ap­pli­ca­tion of the ban must be checked against the dates, doc­u­ments, and spe­cif­ic en­force­ment order.

What to do step by step

First obtain as many doc­u­ments as pos­si­ble. If you do not have the writ copy, get the en­force­ment officer’s order, pro­ceed­ing number, notary’s details, writ date, amount, and cred­i­tor details. These let you iden­ti­fy which doc­u­ment to chal­lenge and whom to name in the claim.

Then gather the debt records: agree­ment, payment sched­ule, state­ments, re­ceipts, cor­re­spon­dence, demands, notices of default, and your own cal­cu­la­tion. The aim is to show that the demand was not undis­put­ed: the amount is wrong, part of the debt was paid, the cred­i­tor did not provide re­quired doc­u­ments, the dead­line is dis­put­ed, or the debtor was not prop­er­ly no­ti­fied.

Next prepare the claim. Sep­a­rate the ar­gu­ments: defects in the pro­ce­dure for issuing the writ, absence of an undis­put­ed debt, errors in the amount, dead­lines, doc­u­ments, or parties. If col­lec­tion is ongoing, include a sep­a­rate motion for interim relief with ev­i­dence of an account seizure, debited funds, or the risk of further en­force­ment.

What to check before filing

Before filing, check the proper de­fen­dant, third parties, and venue. These dis­putes may involve the cred­i­tor, notary, and en­force­ment officer, but their pro­ce­dur­al roles differ de­pend­ing on the claims. Naming the wrong parties can delay the case or com­pli­cate interim relief.

Check the court fee and type of claims. A chal­lenge to a no­tar­i­al writ is often framed as a non-mon­e­tary claim, but ad­di­tion­al claims to recover funds or obtain other relief may change the cal­cu­la­tion. If you request interim relief, sep­a­rate­ly prepare ev­i­dence of urgency and pro­por­tion­al­i­ty.

Also check whether the cred­i­tor’s un­der­ly­ing claim is time-barred, when the last payment was made, and whether there were rec­on­cil­i­a­tion state­ments or letters ac­knowl­edg­ing the debt. In a credit dispute, this may be a key ar­gu­ment against the debt being undis­put­ed.

When to consult a lawyer

A lawyer can help if ac­counts are already seized, money is being debited, the en­force­ment officer is pur­su­ing salary or prop­er­ty, or you do not have the cred­i­tor’s doc­u­ments. These cases require co­or­di­nat­ed work with the court, en­force­ment officer, bank, and debt ev­i­dence.

For a Kyiv case, prompt­ly iden­ti­fy the proper court, whether to seek interim relief before or with the claim, how to for­mu­late the re­quest­ed reme­dies, and which doc­u­ments to request. A mistake at the start can cost time while en­force­ment con­tin­ues.