Accounts receivable and mechanisms for their collection in Belarus

Collection of accounts receivable is one of the key areas of work of our lawyers.

In the vast majority of cases, debt collection (both from enterprises and individuals) is a multifaceted procedure. Often the very need to seek judicial protection is associated with costs for the interested party in the form of payment of a state fee for filing an application. We will help you decide on 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, the collection of receivables through writs of execution by notaries, as well as within the framework of writ or claim proceedings in the courts.

Notary's writ of execution

Collection of receivables through a writ of execution is the most efficient and least expensive way for the collector. The legislation defines the conditions when the collector has the right to apply to a notary for collection of receivables. In fact, the claimant can obtain an executive document out of court and begin enforcement proceedings. Our lawyers are ready to provide you with full and comprehensive assistance in collecting the debt by completing a notary’s writ of execution. We have been cooperating for a long time with notaries of the Republic of Belarus, who are ready to issue a writ of execution in the shortest possible time.

We provide the following legal assistance:

• analysis of documents submitted and requested as necessary;
• preparation of a package of documents for execution of a notary's writ of execution;
• representing the interests of the claimant before a notary;
• obtaining a writ of execution and initiating enforcement proceedings.

Order proceedings

Writ proceedings are a method of collecting receivables, in which the court issues a writ of execution without trial and without summoning the parties solely on the basis of documents submitted by the collector and the debtor. In the economic court, in writ proceedings, demands are considered for the collection of funds, for the recovery of property or for the foreclosure of the property of the debtor, which are indisputable in nature or are recognized (not disputed) by the debtor, but are not fulfilled. In civil proceedings, the court considers an application to initiate writ proceedings if the claim is based on a notarized transaction, with the exception of a notarized transaction on the basis of which an obligation to pay funds arises; a demand has been made for the collection of alimony for minor children, but it is not related to the establishment of maternity and (or) paternity or the need to involve third parties to participate in the case; a demand was made for the recovery of expenses spent by the state on the maintenance of children who are on state support from a person obliged to reimburse such expenses, who is not working or who is working, but not in full within six months, who voluntarily reimburses these expenses at his request; the claim is based on a transaction concluded in simple written form.

When preparing an application to initiate writ proceedings, among other things, it is necessary to take into account the emerging approaches of judicial practice. For example, at the moment, in disputes related to the collection of debt under an agreement to promote a website, the courts refuse to issue a ruling on a court order.

Our lawyers provide legal assistance in comprehensive support of the interests of the parties to the dispute in writ proceedings:

• collecting information about the debtor;
• preparation of pre-trial claims;
• legalization and apostille on documents confirming debt;
• preparation of an application to initiate writ proceedings;
• obtaining a ruling on a court order;
• preparation of a response to an application to initiate writ proceedings.

Claim proceedings

Claim proceedings are the most traditional form of collection of receivables, especially in business proceedings. Preparing for trial is a multifaceted and complex process, so it is extremely important to promptly contact a lawyer for appropriate clarifications and recommendations.

We provide the following legal assistance:

• collecting information about the debtor;
• preparation of pre-trial claims;
• preparing a statement of claim;
• representation of interests in economic court;
• preparation of procedural statements and petitions;
• participation in the conciliation procedure as a representative;
• representation of interests in the mediation procedure;
• preparing a response to the statement of claim;
• preparation of appeal and cassation complaints.

Please note that the costs of the interested party aimed at collecting receivables, including the costs of paying state duties, the costs of paying for legal assistance (lawyer's fees), in accordance with procedural law, can be attributed to the losing party in the dispute.

For more detailed information, please do not hesitate to contact us in any way convenient for you.