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International Debt Recovery

Strategic legal approaches for foreign businesses seeking effective debt collection solutions across international borders.


When a Non-Resident Company Can Recover a Debt in Belarus


When a non-resident company enters into a contract with a Belarusian company or an individual entrepreneur, the contract usually specifies the procedure for resolving disputes under the contract.


A debt can be recovered in Belarus in each of the following cases:



  • The place of conclusion of the contract is the Republic of Belarus.


  • The contract specifies that disputes are to be resolved under Belarusian law or in a Belarusian court.


  • The place where the contract was breached or not performed must be Belarus.


Statute of Limitations

A statement of claim must be filed with the Economic Court within the statute of limitations — this is the period during which a party may protect its rights through the courts. The general statute of limitations is three years. Certain claims are subject to longer or shorter limitation periods:



  • For claims related to the transportation of cargo, the statute of limitations is 1 year.


  • For claims related to a freight forwarding contract, the statute of limitations is 10 months.


  • For claims related to an international sale of goods contract, the statute of limitations is 4 years.


Cross-Border Debt Recovery


The collection of debts from foreign legal entities requires a strategic approach across multiple jurisdictions and legal frameworks. Our practice relies on instruments like the New York Convention and bilateral treaties to secure enforceable judgments internationally. Key to success are proper debt documentation, asset verification in relevant jurisdictions, and knowledge of local enforcement procedures. A thorough pre-collection assessment and collaboration with local legal representatives greatly improve recovery prospects by ensuring compliance with domestic procedural requirements.


Documents Required for Debt Collection by Foreign Creditors

Foreign companies pursuing debt collection must compile thorough documentation to initiate legal proceedings. This includes an apostilled commercial registry extract confirming the creditor’s legal status and a notarized power of attorney with clearly defined powers. The claim must be supported by evidence of the debt—contracts, invoices, and correspondence—all with certified translations into the court’s official language. Additionally, proof of state duty payment per local fee schedules is required. Careful preparation of this documentation greatly improves the chances of successful cross-border debt recovery.


The Role of Local Legal Expertise in Cross-Border Debt Recovery


Engaging local legal professionals is essential in cross-border debt collection. They offer crucial expertise in jurisdiction-specific procedures, court practices, and enforcement mechanisms that foreign creditors often lack. Their familiarity with local regulations helps avoid delays and procedural errors, while established relationships with courts and enforcement officers ensure smoother case handling. Language skills and cultural understanding further aid negotiations and proceedings. This localized approach improves recovery chances and reduces the time and costs typically incurred when foreign creditors navigate unfamiliar legal systems alone.


Our Services on Debt Collection

Initial Legal Assessment
Expert evaluation of debt recovery options available to foreign creditors pursuing claims against Belarusian entities, including analysis of applicable international agreements and local enforcement mechanisms.
Contract Analysis
Comprehensive review of your agreements with Belarusian residents to identify enforceable terms, potential vulnerabilities, and strategic approaches to resolving payment disputes effectively.
Strategic Planning
Development of cost-effective and time-efficient debt recovery strategies tailored to your specific situation, balancing litigation expenses against potential recovery amounts.
Documentation Preparation
Professional compilation and submission of all required legal documents to initiate debt collection proceedings, ensuring compliance with Belarusian procedural requirements and standards.
Legal Representation
Full advocacy services through authorized power of attorney, representing your interests throughout all court proceedings from initial filing through judgment enforcement.
Formal Demand Letters
Drafting and delivery of professionally structured demand letters to debtors, establishing formal notice of claims and creating essential documentation for subsequent legal proceedings.

Debt Collection

Pre-litigation Procedures

Pre-litigation Procedures

Foreign creditors must adhere to contractual dispute resolution clauses requiring negotiation before legal action. When pursuing Belarusian debtors, formal written proposals with specific timeframes and discussion points create essential documentation for subsequent proceedings while fulfilling pre-litigation requirements.

Judicial Debt Recovery

Judicial Debt Recovery

Foreign companies benefit from local representation when navigating Belarusian courts. This requires a properly apostille power of attorney with certified translation. Our specialists ensure all documentation meets Belarus’ strict requirements for non-resident claimants, preventing procedural dismissals common in cross-border litigation.

Claim-Based Pre-Trial Dispute Resolution Procedure

Claim-Based Pre-Trial Dispute Resolution Procedure

The mandatory pre-trial claim-based dispute resolution procedure requires submitting a written claim to the debtor before initiating court proceedings. This serves as a proposal for voluntary settlement and must include a calculation of the debt and a payment demand. Our lawyers will prepare a well-reasoned claim that, if unpaid, will be accepted by the court as grounds for a lawsuit. The debtor is given up to one month to respond, unless the contract specifies a different timeframe.

Enforcement Proceedings

Enforcement Proceedings

After obtaining judgment, we coordinate with Belarusian enforcement authorities to identify and attach debtor assets. Foreign creditors can leverage specific provisions in bilateral treaties that may provide enhanced recovery options unavailable to domestic claimants, maximizing the effectiveness of enforcement actions.

Debt Recovery Through Legal Action

Debt Recovery Through Legal Action

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

Debt Recovery Through Summary Proceedings

Debt Recovery Through Summary Proceedings

If a resident debtor does not contest the claim but fails to pay, and the non-resident creditor holds supporting documents, they may apply to the Belarusian Economic Court through order-based (summary) proceedings. The court reviews the case within 20 days without summoning the parties and issues an enforcement ruling. However, if the debtor files a written objection, the court will refuse to issue the order. It’s important to note that disputes involving assignment of claims or debt transfer agreements are not eligible for order-based proceedings.

Order-Based Proceedings

Order-Based Proceedings

Proceedings for the issuance of a writ of execution take place when the debtor does not contest the debt or refuses to pay. In this case, the creditor may apply to the court for the issuance of a writ of execution to recover the debt. A writ of execution provides for prompt compulsory enforcement without the need for additional hearings.

When a Legal Expert is Valuable for Foreign Creditors

Debtor is Reluctant to Repay

Debtor is Reluctant to Repay

Foreign creditors face additional jurisdictional hurdles when Belarusian entities avoid payment. Legal counsel navigates cross-border enforcement mechanisms unavailable to overseas companies acting independently.

Payment Deadlines Are Repeatedly Rescheduled

Payment Deadlines Are Repeatedly Rescheduled

Local counsel can document pattern evidence of deliberate delay tactics according to Belarusian legal standards while preserving international enforcement options for foreign companies.

Borrower Denies Debt Existence

Borrower Denies Debt Existence

International creditors require specialized representation to authenticate foreign-originated documentation and ensure proper chain-of-evidence protocols that satisfy Belarus’ strict evidentiary standards.

Statute of Limitations Concerns

Statute of Limitations Concerns

Expert counsel identifies relevant treaty provisions and procedural exceptions that may extend filing deadlines specifically for international claimants facing complex jurisdictional limitation periods.

Contractual Obligations Remain Unfulfilled

Contractual Obligations Remain Unfulfilled

Foreign companies need assistance interpreting how Belarusian contract law applies to international agreements, particularly regarding force majeure and cross-border performance standards.

Lack of Expertise in Foreign Legal Procedures

Lack of Expertise in Foreign Legal Procedures

Local counsel ensures proper preparation of legally compliant claims tailored to non-resident creditor circumstances, navigating Belarus’ specific debt collection requirements.

How to Recover a Debt

1

Sending a Claim to the Debtor

In the claim, it is necessary to demand the return of the amount owed, provide a calculation of this amount, specify a deadline for payment, and include the bank account details for the transfer.

2

Review the Debtor’s Ability to Fulfill the Obligation

It is possible that the non-resident’s bank does not accept payments from Belarus. In this case, it may be necessary to: open an account with a Belarusian bank or conclude an assignment of claim agreement with another resident of Belarus or a resident of another country to whom the non-resident owes money.

3

Filing a Lawsuit

Only after the debtor has failed to respond to the claim within one month from the date of receiving it and has not fulfilled the obligation, may the non-resident file a lawsuit.
As a rule, the claim is filed with the Economic Court at the location of the debtor. The location can be found in the contract under which the dispute arose.

4

Participation in the Court Proceedings

Once a statement of claim has been filed with the court, representatives of each party to the dispute participate in the court proceedings. Our attorneys not only prepare the document package for the court, but also provide legal representation, present evidence to the court, and represent your interests during the court hearings.

5

Enforcement of the Court Decision

After obtaining a court decision in favor of the client, it must be sent to the system of compulsory enforcement authorities or used to recover funds from the debtor’s bank account. We will advise you on all issues related to the enforcement of the court decision made in your favor and will handle the matters of debt recovery under the enforcement document.

Why us?

Expert Case Analysis

Expert Case Analysis

Our specialists conduct thorough assessments of cross-border debt situations, analyzing jurisdiction-specific enforcement options and developing tailored strategies that maximize recovery potential for international creditors.

Client Cost Efficiency

Client Cost Efficiency

We employ targeted approaches that minimize unnecessary legal expenses while optimizing recovery outcomes, consistently delivering favorable cost-to-recovery ratios for foreign companies pursuing Belarusian debtors.

Multilingual Communication

Multilingual Communication

Our team provides seamless service in multiple languages, eliminating communication barriers and ensuring foreign clients fully understand complex Belarusian legal processes throughout their debt recovery journey.

Specialized Legal Expertise

Specialized Legal Expertise

Our attorneys focus exclusively on international debt recovery, maintaining current knowledge of bilateral treaties, enforcement mechanisms, and procedural nuances specifically relevant to non-resident creditors.

Streamlined Processes

Streamlined Processes

We’ve developed efficient operational systems specifically for cross-border debt collection, reducing procedural delays and documentation errors that commonly plague international recovery efforts.

Reputation and Trust

Reputation and Trust

Our firm maintains an impeccable record of ethical representation, building long-term relationships with international clients through transparent communication and consistent delivery of promised results.

FAQ

How to Collect Debt from a Foreign Company

Recovering debts from international entities requires a strategic approach utilizing bilateral treaties, local enforcement mechanisms, and proper documentation. Foreign creditors must establish jurisdiction, verify the debtor’s assets, and navigate procedural requirements across borders. Our specialists guide international clients through optimal recovery paths while minimizing costs and procedural complications.

Types of Disputes with Foreign Companies That Can Be Resolved

International commercial conflicts including contract breaches, non-payment for goods or services, intellectual property disputes, and investment disagreements can be effectively resolved through Belarusian legal channels. When proper jurisdiction exists, foreign creditors can pursue resolution through litigation, arbitration, or structured settlement negotiations facilitated by specialized legal representation.

When Non-Residents Can Pursue Debt Collection in Belarusian Courts

Foreign companies can access Belarusian courts when the debtor is Belarusian, the contract specifies Belarusian jurisdiction, the disputed assets are located in Belarus, or when international agreements establish jurisdictional grounds. Non-residents must prepare properly apostilled documentation with certified translations and engage local representation to navigate procedural requirements effectively.

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