Most Ukrainians know that debts are a thankless business (especially utility debts), and in any case, it is better to avoid them, because if the opposing side has talented lawyers, they will easily be able to “shake out” the “last penny” from the company or consumer.
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However, it turns out that Ukrainian legislation provides for the possibility of full or partial write-off of debts for utility services. This was reported by Olena Voronkova, a lawyer at the Ivan Khomych Law Office.
According to her, it is impossible to completely remove the obligation to pay utility bills. But it is possible not to pay the amount of debt for some utility services that arose during the period when a person, for example, was abroad for more than 30 days.
“If a person has documents confirming that they were really not at home, then they have the opportunity to obtain a write-off of debts that were accrued directly for the use of certain utility services,” says the lawyer. “This is provided for in clause 6, part 1, article 7 of the Law of Ukraine “On Housing and Communal Services.”
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At the same time, the expert notes, debts cannot be written off for heat supply, management of an apartment building (rent), as well as for services for which payment is made according to meter readings.
At the same time, to write off debts that a person incurred during their absence from their place of residence for more than 30 days, they must do the following:
- write a corresponding application in any form to the utility providers – the application must include a request to transfer the amount of accrued funds due to the fact that the person was not at home and did not use them;
- The application must include documents proving that the person was indeed not at the place of residence – for example, proof may be a copy of a foreign passport with a departure stamp, or a certificate stating that the person has become an IDP;
- You should also provide a copy of your passport and identification code, as well as a contract with the supplier company.
“The application in two copies with the rest of the documents must be taken to the reception of the utility company, handed over to the office or submitted through the reception window, and be sure to make sure (!) that the second copy of the document is marked as accepted, otherwise you will have no way of proving that you submitted anything. You can also send the documents via Ukrposhta via a registered letter with a description of the attachment,” advises Olena Voronkova.
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Can utility debts be written off if the home is destroyed?
- If the home was destroyed as a result of military action, a person can write off the debts that were accumulated after the destruction. To do this, you also need to write a corresponding application to the utility companies and provide a copy of the act confirming the fact of the destruction of the home, or a police certificate.
- This application must also be submitted in duplicate and be sure to ensure that it is registered during the admission process.
What to do if you are sued for utility debts after the statute of limitations has expired
Providers can “cut off” a user from certain services due to debt, and then go to court to collect the debts. As the expert explained, it is possible to write off debts for utilities if the general statute of limitations has passed, which is three years.
In this case, if the utility provider sues a consumer for non-payment for services rendered, the defendant may indicate to the court that there is an amount of debt that exceeds the three-year period. With respect to the amount of debt that has accrued over a period exceeding the three-year period, the court may refuse to satisfy the claims for collection of funds.
“For example, a person has not paid for a utility service since 2021, and in the period from 2021 to 2025, he was charged 50 thousand hryvnias in debt (10 thousand hryvnias per year). If the supplier company sues the person in 2025, then the debts for 2021 and 2022 can be written off due to the statute of limitations. The court will order the remaining funds to be collected,” the expert explains.
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In addition to all of the above, it should be remembered that, according to Cabinet Resolution No. 206, during the martial law, residents of occupied territories and areas where hostilities are ongoing cannot be legally charged for utility bills.
In what cases will it not be possible to write off utility debts?
At the same time, according to the lawyer, debts will definitely not be written off if a person lives in a relatively peaceful part of Ukraine, uses utility services, has not traveled anywhere, and believes that he can simply not pay utility bills.
Previously, “FACTS” told how uncontrolled spending can lead even rich and famous people to a terrible situation.
