Legal representation in cases of writ proceedings
One of the important areas of practice of lawyers of BRACE Law Firm in the framework of writ proceedings in arbitration courts and courts of general jurisdiction. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with specific judicial disputes require an individual approach to each specific case and careful legal analysis. Before choosing a remedy and method of legal protection, we conduct a thorough analysis of the case materials, developing the most correct plan of action. After choosing the right remedy and method of legal protection, we act with maximum efforts to achieve the intended result.
Writ proceedings is a separate type of proceedings, which is carried out in the civil process. At the end of the order process, a court order issues court order, which has the power of an independent court order in civil cases, the scope of which is specifically determined by procedural legislation.
The limited list of cases when an application for the issuance of a writ is submitted to the court, rather than a lawsuit, is established by Art. 122 Code of Civil Procedure of the Russian Federation and chapter 29.1. Agribusiness of the Russian Federation. These are the so-called indisputable claims, conclusions about the legality of the claims for which the court will draw from the analysis of documents.
A court of general jurisdiction may issue a writ in the following cases:
1) a claim is based on a notarized transaction;
2) a claim is based on a transaction made in simple written form;
3) a claim is based on the notary's protest of a bill of non-payment, non-acceptance and non-dating of an acceptance;
4) a claim has been filed for the recovery of alimony for minor children, not related to the establishment of paternity, contesting paternity (motherhood) or the need to attract other interested parties;
5) a claim has been made to recover accrued but not paid to the employee wages, vacation pay amounts, dismissal benefits and (or) other amounts accrued to the employee;
6) a claim has been made by the territorial body of the federal executive body to ensure the established procedure for the activity of courts and the execution of judicial acts and acts of other bodies to recover costs incurred in connection with the search for a defendant, or debtor, or child;
7) a claim has been filed to recover accrued but not paid monetary compensation for violation by the employer of the deadline for the payment of salaries, vacation pay, termination payments and (or) other payments due to the employee;
8) a claim has been filed to collect debts for payment of housing and utilities, as well as telephone services;
9) a claim has been made to collect mandatory payments and contributions from members of a partnership of homeowners or a building cooperative.
Arbitration courts give a court order in cases in which:
1) claims arise from non-fulfillment or improper performance of the contract and are based on documents submitted by the collector establishing monetary obligations that are recognized by the debtor but are not fulfilled if the price of the claimed claims does not exceed 400 (four hundred thousand) rubles;
2) the claim is based on a notary protest of a bill of non-payment, non-acceptance and non-dating of an acceptance, if the price of the claimed claim does not exceed 400 (four hundred thousand) rubles;
3) the claim has been filed for the collection of mandatory payments and sanctions if the total amount of the sum of money to be collected does not exceed 100 (one hundred thousand) rubles specified in the application.
- Legal analysis of documents and other evidence submitted by client regarding in the framework of writ proceedings
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- 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 Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in the framework of writ proceedings