Legal services for debt collection
The debtor is not always ready to repay the debt voluntarily. In some cases, the case may even go to court, but even after a court decision, he may avoid timely repayment of the debt. In such a situation, the collection service provided by some law firms, including the “RosCo” company, may be relevant.
An experienced lawyer will help you legally and quickly collect debt at any stage - both before going to court and after a court decision has been made. In addition, the intervention of a competent specialist will help to recover not only the amount of the principal debt, but also various additional compensation.
Who can apply for debt collection and in what cases?
Any participant in civil legal relations can face failure to fulfill financial obligations. Assistance in debt collection may be needed by both individuals and legal entities, regardless of the type of organization.
The debtor can also be any person - both an individual and an organization. If the debt is not returned to you voluntarily, you have the right to seek its return on your own or apply for its collection to a specialized company where specialized lawyers and attorneys will help you.
The amount of debt in most cases does not play a special role - but what really matters is the statute of limitations. By law, the statute of limitations for such cases is only three years.
According to Art. 200 of the Civil Code of the Russian Federation, the limitation period begins from the day when the person learned or should have learned about the violation of his right. For obligations for which the deadline for fulfillment is not defined or is determined by the moment of demand, the limitation period begins from the moment when the creditor has the right to make a claim for the fulfillment of the obligation. The period when the right arises can be specified in the agreement or receipt, it can be counted from the moment of the last payment or the first request for a refund.
Once the statute of limitations expires, the creditor loses the opportunity to go to court to collect the amount due to him. That is why it is so important to closely monitor time and not allow the debtor to delay resolving the issue.
Why you shouldn’t handle collection yourself
Debt collection is a complex and multi-component process, which can be quite difficult to cope with without professional help. Those individuals or organizations that try to do this on their own quickly run into problems. Usually the whole point is that the debtor begins to try by all means to avoid repaying the debt.
- The debtor may evade his obligations, not answer calls and written claims, hide and not make contact with the person or organization to whom he remains in debt.
- Businesses may resort to reorganization or gray liquidation to get rid of debt or other problems. Their management may be constantly absent from the workplace and avoid contact with representatives of the creditor organization.
- If the debtor company has a familiar bankruptcy trustee, it can resort to bankruptcy proceedings, which it implements after selling the property and withdrawing all funds. In this case, an unscrupulous manager may refuse to challenge transactions to withdraw all assets and hold the owners of the company accountable.
- To avoid bankruptcy at the initiative of a creditor, a company can begin to pay off the debt in minimal amounts, thereby simply delaying the time for resolving the issue.
In all these cases, debt collection becomes extremely problematic, if not completely impossible. In such circumstances, the creditor is practically unable to influence the debtor in any way - the only way out is to go to court. At the same time, one cannot always count on a successful completion of the trial, since this requires filing a very strong and well-motivated claim. To draw up such a claim, you should seek help from lawyers who are specialists in debt collection.
What can be recovered from the debtor
Few people know that with the right approach, it is possible to recover from the debtor not only the amount of the principal debt, but also many additional compensations. For example it could be:
-
1
Penalty. If the contract specified penalties or fines for delay in repayment of the debt, then you can apply for collection of these amounts too. In certain types of agreements - for example, in lease or equity participation agreements - the penalty is already included automatically. A penalty can also be received if the deadline for returning money to the consumer is violated.
-
2
Interest on the use of your money. The agreement you have entered into may also stipulate the amount of interest that will be charged for the use of your funds in case of delay. However, even if this condition was not in the contract, you have the right to a refund of this interest in accordance with Article 395 of the Civil Code of the Russian Federation. You can calculate the amount of interest using a special online calculator.
-
3
Losses you have suffered. This point includes not only the losses that you, as an individual or as an organization, incurred due to non-repayment of a debt or delay in payment, but also lost profits. This refers to income that you did not receive due to the current situation.
-
4
Legal costs. You also have the right to request compensation from the debtor for legal expenses, which may include not only the costs of your lawyer’s services, but also expenses for the examination of documents, property valuation and other similar expenses.
-
5
Compensation for moral damage. It can be obtained from the debtor if, due to a lack of funds, you suffered in some way - for example, if you did not have enough money to pay for expensive treatment.
How to prove that a debt exists
Before filing for collection, you need to collect all the evidence that the debt actually exists. The main evidence can be an agreement signed by both parties, which spells out all the essential terms of the transaction. The list of these conditions usually depends on the type of agreement, but most often this is basic information about the subject of the agreement, its price and its parties (their full names, passport details and addresses, if the parties to the transaction are individuals, or the names and addresses of organizations, if the parties to the transaction are legal entities).
Sometimes situations may arise when there is no formal agreement “on paper”, but actual business relations between the counterparties exist. In this case, evidence of debt can be notarized email correspondence, acts of work performed, receipts or cheques, letters, invoices and other documents. In some cases, witness statements can also be used as evidence.
The situation is similar if the parties are individuals who rarely enter into contracts. An individual's debt is most easily confirmed with a receipt, which is often issued when money is transferred from one individual to another. If there is no receipt, then you can use indirect evidence - for example, recordings of telephone conversations, electronic correspondence certified by a notary, witness testimony, and so on.
Finding and collecting the evidence needed for trial can be quite a challenging task. To resolve this, you can contact RosCo. Our legal team will help you quickly collect all evidence of debt. We work not only in Moscow and St. Petersburg, but also in the regions of Russia. Remote collaboration is possible.
What is included in the debt collection service
The collection procedure may consist of several stages. The very first of them is an attempt to resolve the issue out of court. Here you can try to negotiate with the debtor and convince him to return the debt or restructure it. If negotiations do not help, you can send him a written complaint. It is best to draw up such a document not on your own, but with the help of a specialized specialist. If the issue cannot be resolved peacefully, you can move on to the next stage - trial. It is at this stage that work with a lawyer begins.
Before attempting to collect a debt through legal means, you need to carefully prepare to file a claim. Preparation includes an assessment by a specialist of the prospects for litigation, examination of documentation, study of judicial practice, and writing the text of the claim itself. After filing a statement of claim, the trial itself begins, during which a lawyer can represent your interests in court and file complaints and petitions on your behalf. If necessary, a specialist can also represent your interests in the appellate and cassation instances. After a court decision is made, he can monitor its implementation.
Why should you entrust debt collection to “RosCo”?
At RosCo, we know about all the intricacies and nuances of law enforcement practice related to debt collection, so we can quickly, competently and efficiently help you return the borrowed funds that the debtor refuses to return voluntarily. Our services include pre-trial, out-of-court and judicial collection. We work even with the most complex cases that other specialists do not take on for fear of losing the case. For example, we can help even in situations where the debtor has carried out a reorganization, withdrawn its assets, or even completely liquidated the company. Our services will also be useful in cases where the counterparty has influential patrons or connections in government who can help him avoid repaying the debt. And even if it is really impossible to collect anything from the debtor, and the bailiffs violate the law and do not fulfill their direct duties, we can help obtain compensation from the Treasury of the Russian Federation.
Methods used at “RosCo” Сompany
When you contact “RosCo” for advice, you will receive a comprehensive assessment of your case and a forecast of the likelihood of your debt being returned to you. After starting work, our lawyers will help you return the full amount of the principal debt and all compensation due to you. To do this they will use the following methods:
- Extrajudicial recovery. It involves negotiating with the counterparty in order to encourage him to voluntarily return the funds borrowed by him. In some cases, the issue may be resolved at this stage. Otherwise, the following methods described here may be used.
- Pre-trial recovery. It involves submitting a pre-trial written claim that details the amounts sought to be returned, including any compensation, and provides written evidence along with a valid claim for repayment of the debt.
- Going to court. A statement of claim is drawn up, which starts the trial. Using this method, you can achieve the receipt of all funds: the principal debt, possible compensation, penalties for late payment of debt (penalties, penalties, fines), legal expenses, compensation for losses, and so on.
- Recovery in bankruptcy. If the debtor has initiated bankruptcy proceedings, our specialists can represent the creditor's side during this process. The main tasks of lawyers at this stage are to prevent the actions or inactions of an unscrupulous arbitration manager, other creditors, and to seek to challenge illegal transactions (for example, those with the help of which the debtor tried to hide the presence of property).
- Recovery upon liquidation of a company and its exclusion from the Unified State Register of Legal Entities. Even if the company that owes you money has been liquidated, there is still a chance to recover the debt within three to five years after liquidation. To do this, our lawyers are searching for property that was illegally transferred to third parties in order to avoid its sale during bankruptcy proceedings. Once found, such property can be sold, and the proceeds used to pay off the debt.
- Collection in enforcement proceedings. After the court decision comes into force, enforcement proceedings are scheduled. However, even in this case, some debtors continue to evade payments. By law, this situation must be resolved by bailiffs, however, due to their heavy workload, they may not take active action. And even in this case, we help our clients get their funds back.
Cost of services
The cost of debt collection services is determined individually each time. It will depend both on the stage of the process at which our lawyers join, and on the range of services that you need. For example, the cost of different stages of pre-trial preparation for a legal dispute will range from 5,000 to 20,000 rubles. Preparing and sending a pre-trial written claim to the counterparty will cost from 15,000 rubles, as well as preparing a statement of claim. Representing the interests of the customer in various courts will also cost on average from 15,000 rubles for participation in one meeting.
The indicated cost is approximate; the exact price for each stage can be found out after consultation with a RosCo specialist and discussion of the details of your specific case. It is also worth considering that additional expenses - for example, the cost of paying government fees, as well as transport and travel expenses - are always paid separately. Payment for legal services in installments is allowed, and in some cases, by prior agreement, post-payment is allowed, that is, the work of lawyers without advance payment.
Advantages of “RosCo”
RosCo is an international law firm operating since 2004. The company employs competent and competent lawyers and advocates who thoroughly know all the nuances of the legislation relating to debt collection. We will help you quickly and with minimal expenses to return the amount due to you, as well as all additional compensation that is due to you by law.
To resolve the issue, all available legal methods, both extrajudicial and judicial, will be used.
In order not to miss the statute of limitations in such a case, we advise you to contact “RosCo” as soon as it becomes clear that the debtor refuses to repay the debt. In this case, the chances of a positive outcome of the case will be maximum.
To leave a request, fill out the feedback form on the website or call 8 (499) 444-00-00.