Debt collection through the courts is a very difficult task that requires practical work and the correct application of the legislation of the country where the trial takes place. A debt collection attorney will help you draw up a statement of claim for debt collection, carry out the full conduct of the case in court, conduct negotiations, to resolve a dispute outside the court. For foreign citizens, going to court in the Russian Federation is a very complicated process, which is associated with the need to familiarize themselves with the legislation, not to make mistakes in the preparation of documents and to protect their rights and interests in the courtroom. The main difficulties arise when proving the existence of a debt, since many creditors provide funds without caring about the debtor's further ability to refuse to return them and do not enter into an agreement, contract or without signing debt documents, do not take a receipt, putting themselves in a terrible position. The result of such errors is a lawsuit, during which it will be much more difficult to return the funds and prove the creditor's correctness. Debt collection cases are based primarily on the most important objective evidence, which is a loan agreement, a pledge obligation or other document confirming the transfer of funds and the writing of this document by the debtor, if it is a pledge obligation. Lack of objective evidence makes the refund process much more difficult.
It is worth noting that the litigation in Russia differs significantly from the litigation under English common law and the law of justice in England, since proof cannot be based on judicial precedent and each process is inherently unique and requires special attention. Our company represents foreign citizens and companies (corporations, holdings) in the judicial system of the Russian Federation. Assistance in resolving a dispute on debt collection will give you the opportunity to fully learn all the features of the process in Russia and receive the necessary reporting on the progress of the process before its completion.
Debt collection lawyer assists in negotiations to exclude litigation
All methods of debt recovery can be divided into two groups, these are pre-trial methods or negotiations and court proceedings. It is imperative to carry out the procedure for pre-trial settlement of the dispute that has arisen in order to avoid unnecessary time costs and resolve the dispute by holding a meeting of representatives of the parties and discussing positions and requirements on the situation that has arisen. Methods of conducting a dialogue with the debtor include: remote correspondence with the debtor's representatives, telephone conversations, sending claims, personal meetings with representatives and debtors or personally with the debtor. Based on the long-term practice of our lawyers, the probability of reaching a positive decision during the negotiation process is very small, but this stage is mandatory before going to court, since the judge checks the negotiation procedure. Debt collection through the court can be carried out only after the exhaustion of the possibility to repay the debt without going to court or if the debtor does not want to return the debt voluntarily. As part of the service, we will help you:
- draw up a claim against the debtor for the execution of the pre-trial dispute settlement procedure;
- draw up a statement of claim for filing with the court;
- analyze the available evidence and determine the percentage of victory in court;
- we will build a tactics for conducting a case, submit documents to the court and represent you during the proceedings at all stages of consideration and appeal;
- a debt collection lawyer will help in resolving a dispute on various grounds;
- the cost of the service is 1800 euros, the cost of the service does not include possible examinations that can be ordered by the court or the defendant;
- For a detailed study of all issues, in the event of a situation with an unpaid debt, you can write to us at e-mail and we will give a preliminary answer to your problem.
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In case of refusal from voluntary satisfaction of claims by the debtor, the debt collection is carried out by means of going to court, defending the client's interests in court and collecting the debt on the basis of a court decision and a writ of execution. Depending on the nature of the dispute and the subject matter, cases can be considered both by courts of general jurisdiction and by an arbitration court of the Russian Federation. Debt collection does not always take place within a reasonable time frame, the reason for this may be different circumstances, but to exclude circumstances.
Debt collection lawyer will help in litigation
The lawyers of our company will draw up a statement of claim on debt collection, collect and submit to the court the necessary evidence, agree with you on the tactics of defense or attack, and provide precautions, thanks to which a contractor or debtor who has violated obligations will not be able to hide his property or income before the start of enforcement proceedings and presentation of a court decision on debt collection to the relevant services of Russia, and we can also search for the debtor's property in other countries of the world. If necessary, we will bring the matter to the initiation of the debtor's bankruptcy procedure, we will seek a positive result in the higher instances of the court, the speed of the decision on the part of the executive authorities of Russia. Debt collection should not be postponed indefinitely, because if a legal proceeding is started, the debtor may take measures leading to a delay in the return of funds.