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Enforcement proceedings lawyer- the forced resolution of problems with contractors!

The party that lost the lawsuit is in no hurry to execute the court decision, right? The only effective way at this stage is enforced recovery of debts from the counterparty. Entrust the enforcement proceedings support to Law & Wise experts: their experience with departments of the Federal Bailiff Service, the Ministry of Finance of Russia, Federal Treasury bodies, local and state financial bodies, allows you to solve problems related to the performance of the debtor’s obligations!

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Law & Wise – comprehensive support of executive proceedings until the debt is paid!

The Law & Wise law office experts undertake consistent actions to protect the client’s interests at the stage of the enforcement proceedings:

  • Analyze information about the debtor (liabilities, assets, information about the founders and beneficiaries of companies, the history of litigations and enforcement proceedings, financial (accounting) statements) free of charge.
  • Provide the client with an opinion on the results of the analysis and a forecast of the recovery possibility and further actions. Propose possible ways of debt collection (bankruptcy of a company, imposing secondary liability on managers, etc.).
  • Receive executive documents and send them to the appropriate institution (bank, bailiffs, and financial authorities).
  • Initiate enforcement proceedings and impose injunction.
  • Supervise the work of bodies that execute judicial acts on a debt recovery.
  • If necessary, make an appeal against the actions of officials in higher authorities and courts.
Find out the prospects of winning

Is it possible to avoid enforcement proceedings?

This is a question of interest for many entrepreneurs who lost the court case and the enforcement proceedings were initiated against them. However, only highly qualified lawyers specializing in such issues can help in this situation.

The Law & Wise law office experts will help you avoid enforcement of debt from your company. Executive proceedings can be completed in several cases:

If the recoverer abandons his claim for debt collection.

If the parties to the conflict achieve a settlement agreement.

 

These particular cases are regulated by law. One should keep in mind that if the enforcement proceedings are terminated, all the previously imposed debt enforcement measures will be canceled.

Judical practices and cases

QUESTION-ANSWER

Is it possible to appeal against the actions of the bailiff?

See the answer

In case the bailiff does not fulfill or improperly fulfills the requirements of the Federal Law dated 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, the person may file a complaint regarding his actions / inaction by way of subordination within 10 days after the bailiff issues the decree, or within 10 days from the time when the person learned or should have been informed of the decree. The unsatisfactory decision can be appealed to the court.

How can one find out online the debt to the FSSP?

See the answer

Today, there are several ways to interact with bailiffs regarding debt. You can personally visit your local FSSP at the place of your registration or use the online service on the bailiffs official website for the exact answer.

Who besides bailiffs executes court orders?

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The law provides for the possibility of submitting executive documents on collecting money to banking and credit institutions, and in the case of collecting money from the budget of the Russian Federation, executive documents must be submitted to the treasury bodies, financial bodies of the relevant subject of the Russian Federation or the municipality.

What is the time limit for the bailiffs to initiate executive proceedings?

See the answer

According to Art. 30 of the Enforcement Law executive proceedings are initiated based on an executive document following the petition of the recoverer. The petition and the executive document are submitted to the bailiff within 3 days from the date they were received by the bailiff unit, and within 3 days from the day the documents were received, the bailiff makes a decision either  to initiate or refuse the enforcement proceedings.

We lost the writ of execution, how can we restore it?

See the answer

In cases of loss of the execution writ, you have the right to receive a duplicate. To do this, you must submit an application (describing the circumstances of the loss) within 3 years from the date of the original document issuance. Please note that the application is submitted to the court that issued the original.

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Entrust the support of executive proceedings to professionals!

Each stage of the enforcement proceedings requires the competent assistance of a lawyer, since this process involves close contact with government agencies and banking organizations. A team of Law & Wise experts supports the client throughout the enforcement proceedings, thereby allowing:

To delegate control over the work of bailiffs to a lawyer

To reduce the number of contacts with government officials

For the debtor: to reduce the execution fee expenses in the amount of 7% from the sum owed

To recover from the debtor the full amount of the debt in a short time, as lawyers collect all the necessary information about the accounts of the defendant and possible cash receipts.

Do you need support in enforcement proceedings? Law & Wise experts are ready to give you their legal protection!

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Our experts

Ilya Kirillov
Executive Partner
Denis Dubovik
Executive Partner
Ivan Kolsanov
Associate Partner, Insolvency Officer
Georgy Simonyan
Associate Partner, IMEX Expert, PhD in Law
Damir Nigmatulin
Senior Lawyer
Zhuravleva Olga
Senior Lawyer
Aliev Elman
Lawyer
Law & Wise legal services in Moscow info@lwise.pro 2 Entuziastov Boulevard,
BC Golden Gate, 24th floor
Mo-Fr from 10 a.m. to 7 p.m.