Debt collection disputes
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of debt collection disputes. In our practice, we face with various types of debt collection disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the debt collection disputes require an individual approach to each specific case and careful legal analysis.
Debt collection disputes
Debt is an obligation to repay cash or other assets. It can be formed in connection with the failure to fulfill some obligations undertaken.
The most common types of debt collection disputes are:
- debt collection under a contract;
- debt collection under a supply contract (sale, transportation, freight forwarding);
- debt collection under a service agreement;
- debt collection of state and municipal organizations and enterprises (state and municipal contracts, agreements and contracts);
- debt collection under a loan agreement (loan agreement);
- debt collection under a lease (sublease) contract for immovable and movable property.
- debt collection under an agent (sub-agent) agreement.
Debt collection procedure
There are three stages of debt collection:
1) the claim procedure for pre-trial settlement of the dispute;
2) debt collection in court
3) enforcement proceedings.
Before going to court to collect a debt, you should try to return it in a complaint. Despite the absence of a mandatory form for a claim as a procedural document, this document plays a significant role in the out-of-court settlement of a dispute. A claim or other pre-trial procedure for dispute settlement is mandatory in cases stipulated by law or contract (part 5 of article 4 of the APC of the Russian Federation, paragraph 7 of article 132 of the Code of Civil Procedure of the Russian Federation, part 3 of article 4 of the CAS of the Russian Federation).
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. Some lawsuits filed remain without movement or consideration due to incorrectly stated circumstances regulatory grounds, incorrectly calculated (and paid) state fees, and the lack of necessary applications.
Further, when an arbitration case is instituted, it is important enough to take part in all its court hearings. Even, it would seem, in simple cases, with a competent justification of his position by the defendant, the court can take his side. Therefore, it is so important to involve a professional representative at the trial stage to protect your interests.
Often, the process of debt collection after a court decision is not terminated. Quite often there are situations when the defendant does not execute the court decision. In this case, the only way to enforce the judgment is to send a writ of execution with a corresponding application to the bank servicing the debtor. It is also important to correctly compile the accompanying writ of execution - the requirements for such a design are established by the legislation on enforcement proceedings.
- Legal analysis of documents and other evidence submitted by a client regarding the debt collection disputes
- 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 court cases on the debt collection disputes