Debt management in Russian jurisdiction

Legal services (legal assistance) in debt management in the Russian Federation

Debt management in Russian jurisdiction

Debt management is one of the important areas of practice for lawyers at BRACE Law Firm. In our practice, we are confronted with various legal disputes regarding the recovery of debts arising from unscrupulous actions by debtors with intentions to evade debt. Our advantage is the great experience in conducting this category of cases in courts and at the stage of enforcement proceedings, specialized expertise in debt collection disputes and a well-coordinated team of lawyers and lawyers.

Debt management services

Regardless of how competently the drafting of contracts with counterparties is carried out, there are always risks of deliberate evasion of the parties to the contract from the fulfillment of their obligations. In such a case, dishonest debtors often deliberately take actions aimed at creating a situation in which the actual collection of debt from them, regardless of its award, becomes impossible. In this case, it is extremely important to give a correct legal assessment of the actions of the debtor in order to correctly choose the mechanisms for protecting the creditor.

There is a fairly wide range of legal instruments that help to prevent an unscrupulous debtor. Some of them include the use of a mechanism for securing contractual obligations; appeal to the court with a statement on securing the claim; complaints to law enforcement authorities; a collection of awarded debt directly with credit institutions in which the debtor has accounts; interaction with bailiffs in order to carry out the necessary executive actions aimed at debt collection; filing an application for bankruptcy of a debtor and conducting bankruptcy proceedings; identification of signs of intentional bankruptcy of the debtor; contesting transactions concluded by him aimed at reducing property that may be foreclosed, etc.

In most cases, the implementation of actions aimed at debt management requires a competent detailed study of the strategy and operational legal analysis of the situation.

Debt management procedure

Before going to court, it is necessary to determine the prospects for the enforceability of the judgment and to analyze the solvency of the debtor.

If there are prospects for debt collection, it is possible to start filing a claim with the debtor and submitting an application to the court. Debt collection cases are subject to consideration by arbitration courts (in economic disputes) and courts of general jurisdiction.

Simultaneously with the statement of claim, if there is reason to believe that the debtor will take actions aimed at hindering the actual collection of debt, it may be necessary to file an application for securing the claim.

After the court renders a decision in favor of the debtor, if there is information about the availability of funds in its accounts, it is recommended that the writ of execution be sent directly to the credit institution. In the absence of this information, it is necessary to appeal to the bailiff with a statement on the initiation of enforcement proceedings and on the search for property of the debtor.

In addition to the above actions, there is a fairly wide range of legal mechanisms used in the process of providing debt management services. In some cases, it may be necessary to coordinate several lawsuits in order to get a lender to collect a debt. The need and the possibility of taking certain actions in each case should be assessed by a lawyer with knowledge and practical skills in the field of debt collection.

Legal services

  1. Legal analysis of documents and other evidence submitted by the client for debt management purposes
  2. Debtor solvency analysis
  3. Consultation of lawyers and lawyers of BRACE Law Firm regarding the prospects of judicial and/or pre-trial settlement of the dispute
  4. Preparation and submission of a claim
  5. Support of negotiations with the debtor at the stage of pre-trial settlement of the dispute
  6. Debt Management Strategy and Tactics
  7. Collection, preparation, and retrieval of evidence for a court case
  8. Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
  9. Taking measures to prevent the debtor from withdrawing assets in order to default on debt
  10. Representation of interests, case management in court by BRACE lawyers and completion of all necessary procedural actions
  11. Identification of signs of fictitious and intentional bankruptcy
  12. Legal assistance when applying to law enforcement authorities with complaints of unfair actions of the debtor
  13. Preparation and support of the conclusion of amicable agreements concluded at various stages of the trial
  14. The appeal of judicial acts in the courts of appeal, cassation and supervisory review
  15. Support of enforcement proceedings
  16. Other legal assistance for debt management

Why we?

Profile expertise and
experience
The best result by low
expenditures
You save time
Complex and most
effective legal solution
Transparent pricing
Making the complicated
simple

How do we work?

01.
You send us a request to
e-mail info@brace-lf.com 
or call on +7 (499) 755-56-50
02.
Preliminary analysis and
initial consultation
03.
Conclusion of legal services agreement
04.
Preparation of the claim
(if a claim procedure is
provided)
05.
Preparation of documents for the court and performing other procedural actions
06.
Representation in the court
07.
Enforcement
E-mail
info@brace-lf.com

Send us a request with a detailed description of the issue.

Our phone
+ 7 (499) 755-56-50

Contact us by phone.

Clients and partners