How much does the first consultation cost?

The consultation is free when an engagement is signed: if you entrust the matter to us, the first meeting costs nothing. At it we go through the situation and tell you whether the matter has prospects in court, what scenarios are available and roughly what running the case will cost. This information does not constitute a public offer (art. 437(1) of the Civil Code of the Russian Federation).

Do you guarantee the outcome of a case?

No, and nobody can: the outcome of litigation is decided by the court. We are answerable for the quality of our work, for the pace and for making sure you always know what stage the matter is at. You receive our assessment of the prospects before the engagement is signed.

Who will handle my matter?

Every matter has a responsible partner. He assembles the team for the task — a litigator, a tax specialist, a valuer — and remains your point of contact until the end. Where the task requires the status of an advocate, advocates of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association are brought in under a cooperation agreement.

Do you work with the regions?

Yes. We have two offices — in Moscow and Mariupol — and we run matters throughout Russia. The engagement can be signed remotely, documents are accepted electronically, and we stay in touch by telephone, messenger and e-mail.

How do the firm's lawyers and the advocates work together?

Legal review, transaction support, insolvency and representation in commercial and civil proceedings are carried out by the lawyers of Kovalev & Partners LLC under an engagement with the company. Tasks that require the status of an advocate — criminal defence, attendance at searches and interviews, an advocate's formal request — are carried out by advocates of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association: the company has a cooperation agreement with the Bar Association, while the agreement on the provision of legal assistance is made by the client directly with the advocate (art. 25(1) of Federal Law No. 63-FZ of 31 May 2002 “On Advocacy and the Bar in the Russian Federation”). For you this is a single point of entry: we assemble the team.

What happens after I send an enquiry?

We read your description of the situation and come back within one working day: we ask clarifying questions and tell you what we can realistically do. We do not pass your documents or your description of the situation to anyone.

COURTS AND CIVIL DISPUTES / 05

Enforcement proceedings and bailiffs

A court judgment does not put money in anyone's pocket by itself, while a frozen card can leave a person without wages or a pension. We work on enforcement proceedings from both sides: for creditors when the bailiff does nothing, and for debtors when enforcement breaks the rules.

Call: +7 (499) 460-63-47

What is happening

Judgment was obtained a year ago and proceedings were opened, but nothing changes in the bailiffs' database. The bailiff does not reply, no enquiries seem to have been made, and the debtor is still driving a car registered in their name.

The card that receives a salary or pension has been frozen and emptied to the last kopeck. The person learns of the debt from a bank notification and has no idea what document it is based on or what it is for.

The debt was paid long ago and the proceedings closed, yet the travel ban and the block on re-registering the car remain. Or the reverse: the proceedings were closed as "recovery impossible", although the debtor does have assets.

What the law says

Enforcement is governed by Federal Law No. 229-FZ of 2 October 2007 "On Enforcement Proceedings" (the Enforcement Proceedings Law). Once proceedings are opened, the debtor is given time to pay voluntarily, usually 5 days, after which compulsory measures apply.
A writ of execution may be presented for enforcement within three years of the judgment taking effect. If proceedings are closed because recovery proved impossible, the writ is returned to the creditor and may be presented again.
The parties may inspect the enforcement file and make applications: to trace assets, to send enquiries to banks and registries, to restrict the debtor's travel abroad. The bailiff must respond to an application with a formal decision.
As a rule, no more than half of wages or a pension may be deducted, and the debtor may apply to keep a monthly income at the subsistence minimum. Certain payments and the property listed in the Code of Civil Procedure are protected from enforcement.
Bailiffs' decisions, actions and failures to act can be challenged before a senior official or in court under the Code of Administrative Court Procedure. The time limits are short and counted in days, so delay is not an option.
An enforcement fee is charged if the debt is not paid voluntarily in time; the court may reduce it or release the debtor from it if the delay was not the debtor's fault.

What we do

We examine the enforcement proceedings: the basis, the amounts, the decisions issued and whether freezes and restrictions are lawful.
For creditors, we file applications for specific enforcement steps and for tracing the debtor and their assets, and follow them up.
We identify assets and income the bailiff may have missed and report them into the proceedings.
For debtors, we prepare applications to keep the subsistence minimum, to release protected payments, for deferral or instalments, and to reduce the enforcement fee.
We challenge bailiffs' decisions and inaction before the head of the department and in court.
We check whether restrictions have been lifted after proceedings close and apply for their removal if not.

What we will need from you

The judgment and the writ of execution, or the enforcement proceedings number.
Bailiffs' decisions and bank notices of debits and freezes.
For debtors: income certificates, pension or benefit award letters and details of what payments reach the account.
For creditors: everything you know about the debtor's assets, job and address.
Correspondence with the bailiffs' office and replies to any complaints.

HOW THE WORK IS BUILT

How the work is built

Diagnosis

We examine the proceedings: what has been done, what has not, and which rights have been breached.

1–3 days

Applications

We prepare applications to the bailiff and track the responses.

1–2 weeks

Challenge

A complaint to the head of the department or an administrative claim in court.

within the deadline

Follow-through

We stay with the proceedings until recovery or until restrictions are lifted.

as required

NEARBY

Other services in this practice

All services in this practice

QUESTIONS

Frequent questions

The bailiff is doing nothing. Can we get a different one?

A creditor cannot have the bailiff replaced on request, but the bailiff's inaction can be challenged before the senior bailiff and in court. We start by filing applications that list specific steps: the bailiff must respond to them with a formal decision, which gives a firm basis for any complaint.

The account my pension is paid into has been frozen. What can I do?

Some social payments cannot be touched at all, and only part of a pension can be deducted, with the subsistence minimum preserved on the debtor's application. Banks do not always identify the type of payment correctly, so we prepare applications to the bailiff and the bank with supporting documents.

The debt is paid, but I still cannot travel abroad. Why?

Once the debt is paid, the bailiff must close the proceedings and lift the restrictions, but records are not updated at once, and sometimes the decision lifting the restriction is simply never issued. We check the status, submit an application with proof of payment and, if the restriction stays in place, challenge the inaction.

NEXT STEP

Let us discuss your situation

The consultation is free of charge when an engagement agreement is signed: on it we say what has to be done and by when.

Call: +7 (499) 460-63-47