Mechanisms of debt collection in Belarus
Collection of receivables is one of the key areas of our lawyers.
In the overwhelming majority of cases, debt collection (both from an enterprise and from individuals) is a multifaceted procedure. Often the application for judicial protection is associated with the costs: calimant needs to pay state fee for filing an application, sometimes pay the interpreter services an etc. Our debt recovery attorneys will help to find the most effective and efficient method of debt collection, taking into account your specific situation.
The legislation of the Republic of Belarus allows, depending on the category of the dispute, to collect receivables by means of notaries' executive inscriptions, as well as within the framework of writ proceedings or action proceedings in courts.
Notary executive inscription
Collection of receivables by means of notary executive inscription is the most expeditious and least costly way for a claimant. The legislation defines the conditions when the claimant has the right to apply to a notary for debt collection. In fact, the claimant can obtain a writ of execution and start enforcement proceedings. Our debt recovery lawyers are ready to provide you with full and all-round assistance in debt collection by making a notary executive inscription. We have been cooperating for a long time with notaries of the Republic of Belarus, who are ready to make an executive inscription as soon as possible.
We provide the following legal assistance:
- analysis of documents submitted and requested as required;
- preparation of a package of documents for the execution of a notary's executive inscription;
- representing the interests of the claimant before a notary;
- obtaining a writ of execution and initiation of enforcement proceedings.
Writ proceedings
Writ proceedings are a method of debt collection in Belarus, when the court issues a writ of execution without trial and without summoning the parties. Particularly, the court decision is made solely on the basis of the documents submitted by the claimant and the debtor. In the economic court, during writ proceedings , claims are considered for the recovery of funds, for the reclamation of debtor's property, if the claims are indisputable in nature or are recognized (not disputed) by the debtor, but are not fulfilled. In civil proceedings, the court considers an application for the initiation of an order proceeding if the claim is based on a notarized transaction; a claim has been made to collect alimony for minor children; the claim is based on a simple written transaction.
When preparing an application for the initiation of writ proceedings, among other things, it is necessary to take into account the topical approaches of judicial practice. For example, in disputes related to debt collection under a contract for the promotion of a website, the courts refuse to issue a ruling on a court order.
Our attorneys in writ proceedings provide legal assistance in comprehensive support of the parties interests:
- collection of information on the debtor;
- preparation of a pre-trial claim;
- legalization and apostille affixing on documents confirming the debt;
- preparation of application for initiation of writ proceedings;
- obtaining a ruling on a court order;
- preparation of a response to a statement on the initiation of writ proceedings.
Action proceedings
Action proceedings are the most traditional form of debt collection, especially in the business disputes. Preparing for the proceedings is a multidimensional and complex process, therefore it is extremely important to contact your attorney in a timely manner for getting appropriate explanations and recommendations.
We provide the following legal assistance:
- collection of information on the debtor;
- preparation of a pre-trial claim;
- preparation of a statement of claim;
- representation of interests in the economic court;
- preparation of procedural statements, petitions and motions;
- participation in the conciliation procedure as a representative;
- representation of interests in the mediation procedure;
- preparation of a response to the statement of claim;
- preparation of an appeal, cassation complaint.
We would like to draw your attention to the fact that the expenses of the interested person aimed at debt collection in Belarus, including the costs of paying the state fee, the costs of paying for legal assistance (attorney's fee), in accordance with procedural law, can be attributed to the party that has lost the dispute.
For more information, please do not hesitate to contact us.