Debt collection in Russia
Legal services (legal assistance) in debt collection in pre-trial procedure and judicial proceedings in the Russian Federation
Debt collection is an important area of the practice at BRACE Law Firm. We face with various litigations regarding debt collection at different stages of resolution.
Features associated with the recovery of various agreements require an individual approach to each specific court case and careful legal analysis.
To begin the collection process, the presence of debt must be documented. Basically, the occurrence of debt is caused by the dishonest actions of the debtor, the presence of a dispute regarding the size of the debt and the reasons for its occurrence, failure to fulfill obligations by one or two parties, a combination of difficult circumstances for the debtor, etc.
In this regard, an extremely important factor affecting the successful resolution of a dispute on repayment of a debt is the existence of a competently drawn up agreement, in which there is a clear indication of the size of the amounts payable and the timing of such payment. In addition, any payments under this agreement are recommended to be made only in compliance with all procedures provided for by applicable law.
As a general rule, obligations must be properly performed. In case of delay in fulfilling financial obligations, a debt is generated, the amount of which is subject to charge interest on borrowed money. The contract may also provide for other amounts of sanctions for debt formation.
Debt collection services
Debt collection services have their own specifics, requiring an assessment not only of the prospects for awarding money to the plaintiff but also of assessing the prospects of actual recovery, as well as preventing the debtor from hiding income and other property in order to not pay the debt.
Before collecting a debt, it is necessary to analyze the formed debt, since from the very beginning there should be a plan and strategy of a legal position. After choosing the remedy and method of legal protection, it is necessary to act, making maximum efforts, to recover the debt in an extrajudicial or judicial manner.
Debt collection procedure
When collecting a debt, it is necessary to comply with the claim procedure for the settlement of the dispute. A claim with a proposal for voluntary repayment of a debt is sent by registered mail or delivered to the addressee on purpose with the obligatory receipt of confirmation of such receipt. Subject to the rules for sending a claim, ignoring it by the addressee, as well as avoiding it, will not be an obstacle to going to court.
When recovering a debt arising from an economic legal relationship, a dispute is subject to arbitration. Courts of general jurisdiction deal with disputes that are not related to entrepreneurial activity that arise between individuals, as well as claims of individuals against legal entities. When preparing a statement of claim, it is necessary to adhere to the requirements of the Arbitration Procedure Code of the Russian Federation or the Civil Procedure Code of the Russian Federation, respectively, as well as provide evidence of debt.
- Legal analysis of documents and other evidence submitted by a client in a debt collection dispute
- Legal advice from BRACE Law Firm regarding debt collection
- Preparation and submission of a pre-trial claim
- Development of strategies and tactics of debt collection
- Search for the debtor and his property
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE and completion of all necessary procedural duties
- Coordination of several concurrent debt collection litigations
- Preparation and support of the conclusion of amicable agreements concluded at various stages of the trial
- The appeal of judicial acts in the courts of appeal, cassation and supervisory review
- Support of enforcement proceedings on compulsory debt collection
- Other legal assistance on debt collection