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Collecting Debts from Legal Entities

Debt collection from legal entities requires a precise legal approach to ensure compliance and recover funds. Initially, businesses should assess the debtor’s ability to pay and send formal demand letters, clearly stating payment deadlines and consequences of non-payment. If the debt remains unpaid, legal actions like filing lawsuits or initiating court proceedings may be necessary. Companies must adhere to local and international regulations, ensuring all communication and actions comply with contract terms and commercial law. Using experienced legal professionals can streamline the process, minimize delays, and safeguard company interests.


Collection of Receivables


Effective receivables collection is a critical aspect of business operations to maintain cash flow. Businesses should implement clear credit policies, including payment terms and interest rates for overdue accounts, and regularly monitor outstanding invoices. When receivables become overdue, immediate actions such as issuing reminder notices or negotiating payment schedules should be taken. If informal methods fail, legal proceedings may be required to recover the debt. Leveraging debt collection agencies or legal services can expedite the recovery process, ensuring businesses avoid write-offs and minimize financial strain due to unpaid receivables.


Collection of Debts from Foreign Legal Entities

Collecting debts from foreign legal entities is a complex process requiring knowledge of international debt recovery laws and cross-border legal procedures. Each country has specific rules governing debt collection, which may include the need for local representation. Debt recovery from foreign entities often involves sending formal notices in the debtor’s local language, and if payment is not made, initiating legal actions through international arbitration or litigation. Engaging with professionals who understand the foreign jurisdiction’s laws is essential for navigating the complexities and improving the chances of successfully recovering the debt.


Debt Collection from Private Individuals


For debtors who are private individuals, there is no mandatory pre-trial (pre-claim) procedure. However, we recommend using this procedure, as the claim letter specifies the payment details, which the debtor may have lost or may not know. The claim is prepared in the same manner as for debt collection from a company. Our lawyers will prepare the claim, send it to the debtor, and monitor the response deadlines.


Debt Collection with the Help of a Notary

Notary-based debt collection is an effective legal method for securing payments quickly and with minimal litigation. The notary verifies the authenticity of the debt agreement, providing an official document that can be enforced in court. This method allows the creditor to bypass lengthy court proceedings by requesting that the notary issue an enforceable writ of execution, which can be used to seize assets or initiate other enforcement actions. This process is often faster and less costly compared to traditional court methods, offering a practical solution for debt recovery.


Collecting Debts through the Court


When informal collection efforts fail, pursuing debt recovery through the court system may be necessary. The process begins with filing a claim and presenting evidence to support the debt. If the court rules in favor of the creditor, it can issue a judgment requiring the debtor to repay the amount owed, including any interest or penalties. Enforcing a court judgment may involve asset seizure, wage garnishment, or other legal actions. While court collection can be time-consuming and costly, it provides a legally binding resolution for recovering outstanding debts.


Our Services on Debt Collection

Debt Collection Advice for Belarusian Companies
We provide expert advice on collecting debts from Belarusian companies, guiding you through local regulations, procedures, and legal requirements to ensure effective debt recovery while maintaining compliance.
Debt Collection Advice for Private Individuals
Our service offers expert guidance on collecting debts from private individuals, assisting you in understanding the legal framework and optimal strategies to recover funds, whether through negotiation or legal action.
Debt Collection Advice for Foreign Companies
We offer specialized advice on collecting debts from foreign companies, ensuring compliance with international laws and providing strategic options for cross-border debt recovery, including working with local authorities and legal systems.
Representation in Court During Dispute Resolution Legal Services
We represent your interests in court during debt-related disputes, ensuring your case is effectively presented, protecting your rights, and working toward a favorable judgment for debt recovery.
Preparation of Documents for Pre-Trial Dispute Settlement
We prepare all necessary legal documents for pre-trial dispute resolution, ensuring that claims are clearly articulated and that all communication complies with the relevant legal frameworks to facilitate effective negotiations.
Sending Documents to Debtors and Courts
Our team handles the delivery of essential documents to both debtors and courts, ensuring that all notices, claims, and legal filings are sent on your behalf, following proper legal protocols and timelines.
Monitoring and Control of Court Decision Enforcement
Our service includes monitoring the enforcement of court decisions, ensuring that debtors comply with court orders, and taking necessary actions to ensure the recovery process is fully executed as per the ruling.
International Debt Collection
We offer expert international debt collection services, navigating the complexities of cross-border legal systems, and ensuring compliance with both local and international laws to recover debts from foreign entities efficiently.

Debt Collection

Pre-Trial Proceedings

Pre-Trial Proceedings

Pre-trial proceedings focus on attempting to resolve the dispute without going to court. This stage includes negotiations, sending formal claims, and offering the debtor an opportunity to settle the matter amicably. The process often involves setting deadlines and clarifying terms.

Debt Collection in Court

Debt Collection in Court

 If pre-trial efforts fail, the creditor can initiate a lawsuit for debt recovery. The court will review the submitted documents and evidence before issuing a judgment. This process typically involves a formal hearing, where both parties present their arguments and evidence for consideration.

Enforcement Proceedings

Enforcement Proceedings

Once the court issues a favorable judgment, enforcement proceedings begin. This process involves the creditor requesting the court to enforce the judgment, which may include asset seizure or garnishing wages. The enforcement phase ensures the debtor complies with the court’s ruling.

Writ Proceedings

Writ Proceedings

Writ proceedings occur when the debtor does not contest the debt or refuses to pay. In this case, the creditor can apply for a court order, known as a writ of execution, to recover the owed amount. The writ facilitates swift enforcement without requiring further hearings.

Claim-based pre-trial dispute resolution procedure

Claim-based pre-trial dispute resolution procedure

The mandatory pre-trial claim procedure requires sending a written claim to the debtor before filing a lawsuit. It proposes a voluntary settlement and includes the amount due and a demand for payment. Our lawyers will prepare a substantiated claim, which the court will accept if the debt remains unpaid. The debtor must respond within one month unless the contract states otherwise.

Debt Collection Through Claim Proceedings

Debt Collection Through Claim Proceedings

When a resident debtor objects to the claims made by a non-resident, it is possible to apply to the court with a statement of claim. In this case, the court summons both parties, examines the evidence, and the court proceedings may last up to seven months and sometimes even up to one year.

Debt Collection Through Writ Proceedings

Debt Collection Through Writ Proceedings

When a resident debtor does not dispute the claim but fails to pay, and the non-resident has supporting documents, they may apply to a Belarusian economic court through writ proceedings. The court reviews the case within 20 days without summoning the parties and issues an enforcement ruling. If the debtor objects, the court will deny the non-resident’s request. Disputes involving claim assignments or debt transfers are not handled through writ proceedings.

A Lawyer Will Be Useful in the Following Cases

Debtor Avoids Contact

Debtor Avoids Contact

When the debtor avoids communication, a lawyer can initiate legal steps to compel contact and negotiation, protecting your interests and ensuring the debt recovery process moves forward.

Debtor Not Eager to Repay

Debtor Not Eager to Repay

If the debtor is reluctant to repay the debt, a lawyer can assist in negotiating payment terms or initiate legal action to secure the owed amount through formal proceedings.

Repayment Date Constantly Adjusted

Repayment Date Constantly Adjusted

 If the debtor keeps changing the repayment date, a lawyer can help establish firm terms through legal measures, ensuring a clear and enforceable repayment schedule.

Debtor Denies Receiving the Money

Debtor Denies Receiving the Money

If the debtor denies taking the money, a lawyer can assist in gathering evidence, drafting formal claims, and taking legal action to establish proof of debt and secure repayment.

Debtor Has Moved or is in Hiding

Debtor Has Moved or is in Hiding

When the debtor moves or hides, a lawyer can track them through legal channels and work on enforcement actions like asset seizure or garnishment, ensuring the debt is collected.

Deadline for Court Appeal Has Expired

Deadline for Court Appeal Has Expired

If the deadline for court appeal has passed, a lawyer can assess whether there’s a possibility to extend the period or find alternative legal means for pursuing the debt.

Conditions and Obligations Not Fulfilled

Conditions and Obligations Not Fulfilled

When the debtor has failed to meet the agreed conditions or obligations, a lawyer can enforce the terms of the agreement, pursuing legal action to recover the debt and any damages.

Lack of Preparation for Claim Preparation

Lack of Preparation for Claim Preparation

If the necessary preparations for filing a claim are lacking, a lawyer can assist in compiling and organizing the required documents, ensuring the debt recovery claim is strong and legally sound.

Incorrectly Drafted Receipt

Incorrectly Drafted Receipt

When a receipt is improperly drafted, a lawyer can help amend or clarify the document, ensuring that it is legally binding and can be used in court to recover the debt effectively.

Our Process

1

Meeting and Discussing the Situation

The first step involves meeting with the client to thoroughly understand the situation. This helps gather relevant details, assess the issue, and determine the best course of action for debt recovery.

2

Conclusion of the Contract

Once the strategy is aligned, a contract is drawn up to formalize the legal relationship, ensuring that all terms, obligations, and responsibilities are clear and binding for both parties.

3

Collection of Necessary Information

We gather all necessary information, including documents, evidence, and financial details, to build a solid case and support the collection efforts in court or through alternative methods.

4

Developing a Strategy and Choosing Defense Method

Based on the information gathered, we develop a tailored strategy and choose the most effective defense method, which could include state courts, arbitration, or mediation depending on the case’s specifics.

5

Preparation and Sending Procedural Documents

All required procedural documents, such as claims, notices, and petitions, are prepared and sent to the relevant parties or courts to initiate the debt recovery process in a timely and legally correct manner.

6

Obtaining a Court Decision

Once the case is presented, we work toward obtaining a favorable court decision, ensuring that all evidence is properly presented and legal procedures followed for a successful outcome.

7

Appealing the Court Decision

In case the court decision is unfavorable, we help with the appeal process, preparing the necessary documentation and arguments to challenge the decision and pursue a better outcome for the client.

8

Support at the Stage of Enforcement Proceedings

We provide full support during enforcement proceedings, ensuring the court’s decision is carried out, and assisting in the recovery of funds in any jurisdiction worldwide, handling cross-border legal challenges.

9

Achieving the Client’s Desired Result

Our ultimate goal is to guarantee the protection of the client’s interests both in and out of court, securing the desired outcome through effective legal strategies and diligent action throughout the process.

Why us?

Expert Examination of the Issue

Expert Examination of the Issue

We dive deep into each case with meticulous attention, offering a unique perspective that uncovers the best legal strategies for your specific situation, ensuring the most informed decisions are made.

Large Number of Successful Cases

Large Number of Successful Cases

Our extensive experience and a high success rate reflect our commitment to excellence. We’ve navigated numerous legal hurdles, turning challenges into victories for clients time and again.

Clients' Money Saved

Clients’ Money Saved

Through our smart, efficient approach, we focus on minimizing unnecessary expenses, ensuring that clients don’t just recover debts but also preserve their financial resources during the process.

Resolving Contentious Legal Situations

Resolving Contentious Legal Situations

We excel in turning complex disputes into manageable solutions, offering creative and effective resolutions to even the most contentious legal challenges with calm, confidence, and precision.

Save Time

Save Time

Our agile process ensures that cases move swiftly, allowing clients to focus on their priorities while we handle the legal details, helping you regain control of both time and resources.

Speaking Your Language

Speaking Your Language

We make the legal process easy to navigate, communicating in simple terms that resonate with you, whether it’s a complex case or just a quick question — ensuring you’re always in the loop.

FAQ

When Can You Go to Court to Collect a Debt

You can go to court for debt collection when the debtor refuses to pay, fails to respond to a claim, or when informal negotiations and pre-trial measures have been unsuccessful. It is important to act within the time limits set by the law to initiate the legal process.

What Will Happen if You Do Not Take Measures to Collect the Debt Before the Court?

If you fail to take pre-trial steps, such as sending a formal claim to the debtor or attempting to resolve the matter out of court, the court may reject your case or require additional documentation. Without prior dispute resolution attempts, the court might delay proceedings or dismiss the case.

What Will Happen if You Fail to Submit Documents to the Court on Compliance with the Pre-Trial Dispute Resolution Procedure?

 If you don’t submit the required documents proving that pre-trial procedures were followed, the court will leave your claim unresolved and give you up to 15 business days to provide them. If not submitted within this period, the court may return the claim and refund the state fee. Once you have the necessary evidence, you can resubmit the claim to the court.

What Are Accounts Receivable?

Accounts receivable refers to the amount of money a debtor (whether an individual entrepreneur or legal entity) owes to its creditors. This includes all unpaid invoices, advances, goods, or services provided to the debtor. Accounts receivable is considered an asset for the debtor, as it represents a future cash inflow, while it is an obligation for the creditor, who expects payment for their goods or services.

How Can I Recover a Debt from a Debtor Company?

To recover a debt from a debtor company, several steps can be taken. Start with sending a reminder to the debtor, setting a clear payment deadline. If this doesn’t work, negotiations can follow, possibly including debt restructuring or payment deferrals. If these steps fail, a formal claim or lawsuit can be filed in court, which may lead to a judgment enforcing the payment. In cases of extreme non-payment, legal execution can be pursued, or bankruptcy proceedings can be initiated to recover the debt.

What Problems with Debt Recovery Can Arise?

Debt recovery can face various challenges. Some debtors may refuse to pay, even when they are legally obligated. Financial difficulties may prevent a debtor from fulfilling their obligations, especially if they lack sufficient funds. Legal documentation for the debt may not be in order, making it difficult to prove the existence of the debt. If the debtor is unwilling to repay voluntarily, legal action, including court proceedings and enforcement via judicial officers, may be necessary to collect the outstanding amount.

Debt Collection by Receipt

A receipt serves as tangible proof of a financial transaction, detailing the amount paid, date, and involved parties. In debt collection, a receipt can be crucial evidence, especially when the debtor acknowledges the debt through their signature. However, relying solely on a receipt might not always be sufficient, especially if disputes arise regarding the debt’s existence or terms. It’s essential to ensure that receipts are detailed and stored securely to facilitate smooth debt recovery processes.​

Debt Collection Without a Receipt

Collecting debt without a receipt poses challenges, as there’s no direct acknowledgment of the transaction. In such cases, evidence like bank statements, emails, or other communications can support the claim. Legal avenues, such as obtaining a court order or involving a notary, might be necessary to formalize the debt acknowledgment. For instance, in Belarus, debts can be recovered through court proceedings or by obtaining an enforceable writ from a notary, even in the absence of a receipt.

It’s advisable to maintain comprehensive records of all financial transactions and communications related to debts. This practice not only aids in smoother collection processes but also provides legal protection in case of disputes.

Contact us

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    • Lawyer
      Legal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
    • E-mail
    • Address
      Office: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
    • Working hours
      Monday-Friday 9:00-19:00