Lawyers of MCBA “Bureau of Lawyers “De jure” shared the secrets of effective collection of receivables

On June 2, the third of the online conferences that lawyers of MCBA “Bureau of Lawyers “De jure” held to help businesses took place. The focus of attention was on the problems of collecting receivables.

Opening the discussion, Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, noted that today, after several months of actual suspension of all economic activity, the issues of collecting receivables are of particular importance. “Last year, we were able to return over 1 billion rubles to the accounts of our customers. This is real money. We didn’t just win them in court, we found them from the debtor and returned them to our clients,” Filippov noted.

He devoted his speech to choosing a strategy for working with the debtor.  According to the lawyer, it is necessary to carefully check the information about the counterparty at all stages of work.  The choice of a variant of behavior depends on this.  “The simplest, fastest and cheapest ways are to recover a debt in a simplified or orderly manner,”- Filippov said. – The specifics of court orders are that the requirements must be, firstly, indisputable, secondly, there are restrictions on the amount of the claim, and thirdly, court orders are extremely easy to cancel.  It is enough for the defendant to file objections.”  The Head of “De jure” also examined in detail the other methods of recovery – through ordinary lawsuit, bankruptcy proceedings, bringing beneficiaries to subsidiary liability, as well as through criminal prosecution of persons controlling the debtor.

Deputy Head of “De Jure” Valentina Petrova focused on how to properly prepare a pre-trial claim, what evidence should be collected and how to prepare for the trial.  In particular, V. Petrova focused on how to correctly pass the stage of pre-trial claims. According to her, it is extremely important that the pre-trial claim contains an indication of the subsequent appeal to the court in case the debtor refuses to comply with the requirements.  “This instruction must be stated in such a form as not to allow a different interpretation.  In addition, it is important for proving that you have made efforts to resolve the dispute peacefully,”- Petrova emphasized.

The head of the Tyumen office of “De jure” Ivan Bychkov shared the secrets of how to speed up the receipt of money after receiving the Executive documents. For example, to get information about all the accounts of the debtor, you can apply to any tax authority with an application for such information. And get them after 7 days.  “The basis for a successful recovery within the framework of enforcement proceedings is your preemptive actions, direct interaction with the bailiff and control, control, and once again control,”-  Bychkov summed.

Records of all conferences of MCBA “Bureau of Lawyers “De jure”” and much more are available on our YouTube channel.