Companies and individuals sometimes have debtors in Belarus. When debtors do not repay debts on time, foreign businesses and individuals have questions about how to get their money back. When returning money, you cannot do without the help of an experienced lawyer. Our lawyers have extensive experience in debt collection and are ready to advise you on debt collection issues.
Out-of-court debt collection of companies
The procedure for debt collection is usually prescribed in the contract that is concluded with a resident of Belarus. If the contract does not specify such an order, but only says that when resolving disputes, the parties to the contract use the norms of Belarusian legislation. In this case, a mandatory pre-trial dispute resolution procedure applies. That is, you need to try to collect debts without a trial.
Claim-based pre-trial dispute resolution procedure
The mandatory pre-trial claim procedure for resolving a dispute is that before the trial, it is necessary to submit a written claim to the debtor. This is a proposal for a voluntary settlement of the dispute. The claim contains a calculation of the amount that the resident must pay and the requirement to pay this amount. Our lawyers will prepare a well-founded claim, which, in case of non-payment of the debt by the debtor, will be accepted by the court in support of the claim.
The deadline for the debtor to respond to the claim is no more than one month. But another term may be specified in the contract.
Pre-trial negotiations
The contract may specify that disputes are resolved through negotiations. In this case, it is not necessary to make a claim to the debtor, but it is necessary to propose negotiations and specify the time and range of issues.
When can I go to court to collect a debt
Only when the debtor has not paid the debt, has not responded to the claim within one month, has refused negotiations, it is possible to apply to the economic court for debt collection.
Debt collection from individuals
There is no mandatory pretentious procedure for private debtors, but we recommend using this procedure, since the claim specifies details for transferring payments that the debtor may lose or not know. They file a claim in the same way as when collecting a debt from a company. Our lawyers will prepare a claim, send it to the debtor and check the response time.
What will happen if you do not take measures to collect the debt before the trial
Documents on measures for pre-trial settlement of the dispute must be submitted to the economic court together with the statement of claim. This is a claim, evidence of its referral to the debtor, evidence of receipt of the claim by him.
What happens if you do not submit documents to the court on compliance with the pre-trial dispute settlement procedure
When documents on compliance with the mandatory pre-trial dispute settlement procedure are not submitted to the court, the court will leave the statement of claim without movement and give up to 15 working days to submit these documents.
If such documents are not submitted to the court, he will return the statement of claim and the state fee.
After the company is able to collect evidence of an attempt at a pre-trial settlement of the dispute, you can again send a statement of claim to the court and attach the necessary evidence to it.
Debt collection in court
It is most convenient to submit documents to the Belarusian court through a representative in Belarus. The representative will need, in particular, a power of attorney from a non-resident company. The power of attorney will need to be translated, legalized and notarized.
Debt collection in writ proceedings
When the resident debtor does not dispute the claim, but also does not fulfill it, and the non-resident has documents that confirm his claims, you can apply to the Belarusian economic court in the order of writ proceedings. In this case, the court considers the case within 20 days without calling the parties and issues an enforcement document: a ruling on a court order. If the debtor sends to the court a response to the claimant’s statement of disagreement with the requirements, the court will refuse to issue a ruling on the court order to the non-resident. Disputes under contracts of assignment of a claim and transfer of debt are not considered in the order proceedings.
Debt collection in the claim proceedings
When a resident debtor objects to the claims of a non-resident, you can apply to the court with a statement of claim. In this case, the court summons the parties, examines the evidence and the trial can last up to seven months or even up to one year.
Payment of the state fee
A state fee must be paid for the consideration of the case in court. For example, for consideration of a case in writ proceedings, the minimum state duty is 2 basic values, with the amount of the claim up to 100 basic values. The minimum amount for consideration of the case in the claim proceedings is 25 basic units with a claim price of up to 100 basic units.
How we can be useful in debt collection
Our lawyers and attorneys are experienced specialists in the field of debt collection and speak English. We can:
- Advise you on debt collection from Belarusian companies and individuals;
- Prepare documents for pre-trial settlement of the dispute;
- Send the documents on your behalf to the debtor, to the court;
- Represent your interests in court when resolving a dispute.
Contact us
If you have any questions about debt collection, we will be happy to help you! Our many years of experience in debt collection will help you in resolving any situations and disputes.
Phone and email communication options are available for your convenience:
- +375291422719 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
