01 / SERVICE
Pre-trial claim letter
A counterparty is not paying, not delivering or not fixing defects, and emails between managers are getting nowhere.
PRACTICE
Claims, lawsuits and debt recovery
When a counterparty does not pay, a great deal depends on how early and how consistently recovery is organised. We run it from the claim letter to enforcement of the judgment and from day one look at what the debtor can actually pay from.
- For whom
- Companies and entrepreneurs
- Format
- Moscow and remotely across Russia
SERVICES
Services in this practice
02 / SERVICE
Statement of claim and statement of defence
The first procedural document sets the frame for the whole case: what is claimed, on what basis and what the court will examine.
03 / SERVICE
Recovery of receivables
The goods have shipped or the works have been handed over, yet payment has not arrived for months.
04 / SERVICE
Recovery of contractual penalties, damages and interest
A counterparty has missed deadlines or wrecked a deal, and the unpaid principal is not the company's only loss.
05 / SERVICE
Enforcement proceedings and bailiffs
You have a judgment, but the money has not arrived: enforcement proceedings were opened and have stalled.
06 / SERVICE
Debtor bankruptcy as a recovery tool
You have a judgment, the bailiffs found nothing, and the debtor carries on trading through other companies.
07 / SERVICE
Receivables audit and recovery strategy
Receivables on the balance sheet keep growing, but nobody can say how much is genuinely collectable and how much became a write-off long ago.
QUESTIONS
Frequently asked questions
Where does debt recovery start?
With a check of the documents and the debtor: is there a contract, acts and correspondence, has the limitation period run, what assets does the debtor have and are there signs of insolvency. That decides the route: a claim letter, a court order, a lawsuit or interim measures straight away.
Is a claim letter required before going to court?
In disputes between companies and entrepreneurs in the commercial (arbitrazh) court, as a general rule, yes: the claim can be filed 30 calendar days after the claim letter was sent, unless the contract sets a different period. There are exceptions, so we check the procedure for each contract.
Should we apply for a court order or file a lawsuit?
A court order is faster but only suits undisputed claims, and it is set aside on a single objection from the debtor. If the debtor is likely to dispute the claim, it is more sensible to sue straight away and not lose time.
The debtor's accounts are empty. Is recovery worth pursuing?
We look for assets and receivables: real estate, vehicles, shares, accounts receivable, accounts in other banks. If assets were moved out, transactions can be challenged, including in the debtor's insolvency, and the people in control can be held liable.
Can we sell the debt?
Yes, the claim can be assigned unless the contract prohibits it. It is an option when you need the money now: the buyer pays less than face value but takes over the recovery. We check the contract terms and document the assignment.
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.