Legal services for the collection (return) of debt in court. Preparation of a claim for the recovery of a debt.
Debt is an obligation to return received money or other assets back. It can be formed in connection with the failure to fulfill a number of debt and other obligations assumed.
The most common types of debt collection disputes are:
- collection of debt under a work contract;
- debt collection under a supply agreement (purchase and sale, transportation, forwarding);
- debt collection under a service agreement;
- collection of debts of state and municipal organizations and enterprises (state and municipal contracts, agreements and treaties);
- collection of debt under a credit agreement (loan agreement);
- collection of debt under a lease (sublease) agreement for immovable and movable property.
- collection of debt under an agency (subagent) agreement;
- other debt collection disputes.
- claim procedure for pre-trial settlement of the dispute;
- enforcement proceedings.
The procedure for considering disputes on debt collection
There are three stages of debt collection:
Before going to court for debt collection, you should try to return it in a claim procedure. Despite the absence of a mandatory form for a claim as a procedural document, this document plays a significant role in out-of-court settlement of a dispute. A claim or other pre-trial procedure for resolving a dispute is mandatory in cases provided for by law or an agreement.
At the stage of applying to the arbitration court, it is very important to correctly draw up a statement of claim and attach all the necessary documents to it. A number of filed claims remain without progress or are not considered due to incorrectly stated circumstances and / or regulatory grounds, incorrectly calculated (and paid) state fees, and the lack of necessary attachments.
Further, when an arbitration case has been initiated, it is quite important to take part in all its court sessions. Even, it would seem, in simple cases, with a competent substantiation of its position by the defendant, the court can take his side. Therefore, it is so important to involve a professional representative at the stage of litigation to protect your interests.
Often, the process of debt collection after the court decision does not stop. Quite often there are situations when the defendant does not comply with the court decision. In this case, the only way to enforce the court decision is to send a writ of execution with a corresponding application to the bank servicing the debtor. Here it is also important to competently draw up an accompanying writ of execution application – the requirements for such registration are established by the legislation on enforcement proceedings.