Recovery of debt in judicial procedure in Russian jurisdiction
Legal services (legal assistance) in judicial debt collection in the Russian Federation
One of the important areas of practice for lawyers at BRACE Law Firm is the provision of legal services for debt collection in the courts. In our practice, we are faced with litigation over the recovery of certain types of debt at different stages of a resolution involving various parties. Our advantage is the availability of extensive experience in case management in courts, specialized expertise in disputes regarding judicial recovery of debts and a well-coordinated team of lawyers and lawyers.
Features associated with the recovery of contracts require an individual approach to each specific court case and careful legal analysis.
Judicial debt collection
The main regulatory act governing debt collection is the Civil Code of the Russian Federation. As a general rule, obligations must be properly performed. However, often monetary obligations are not fulfilled by those or other participants in the legal relationship, which leads to the formation of debt.
If, when applying to the debtor with a claim for repayment of the debt, the creditor’s request was not satisfied, it becomes necessary to apply to the court.
In order to collect debt in a judicial proceeding, it is necessary to establish the following in the process of the preliminary analysis of judicial prospects: whether there is a debt, whether there is evidence of a lack of payment / incomplete payment of a debt, possible reasons for the formation of debts, compliance with the claims procedure. In the absence of documentary evidence of the presence of debt, the chances of collecting it are significantly reduced.
In the process of resolving a case in court, the debtor may take a different position regarding the stated requirements. In this regard, in addition to collecting evidence, it is important to respond in a timely manner to the objection of the debtor, as well as take measures to prevent it from taking actions aimed at creating conditions under which collection of existing debt will become virtually impossible.
Debt collection procedure
To appeal to the court with a request for debt collection, it is necessary to provide the court with confirmation of compliance with the claims procedure for the settlement of the dispute. Among other things, the court presents confirmations of payment of the state duty, copies of documents confirming the plaintiff’s right to award debt, documents confirming the sending of a copy of the statement of claim to the respondent.
Debt collection cases are heard by arbitration courts and courts of general jurisdiction.
In the process of considering a case for debt collection in court, in addition to the correct preparation of the statement of claim, it may be necessary to prepare such procedural documents as objections to the response of the defendant; statement on securing claims; petitions to attach additional evidence; a statement of falsification of evidence, etc. In addition, when a court of the first instance makes a decision in favor of the plaintiff and disagrees with such a decision of the defendant, it may be necessary to represent the interests of the plaintiff in higher courts.
- Legal analysis of documents and other evidence submitted by the client in debt collection in court
- Consultation of lawyers and attorneys at BRACE Law Firm regarding the prospects for judicial resolution of a debt collection dispute
- Preparation and submission of a pre-judicial claim to pay off a debt
- Development of strategies and tactics of judicial debt collection
- Collection, preparation, and retrieval of evidence for judicial recovery of debt
- Preparation and filing of a statement of claim and other procedural documents on a judicial dispute
- Representation of interests, case management in court by BRACE lawyers and completion of all necessary procedural actions
- 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
- Other legal assistance in judicial debt recovery