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Using the support of court bailiffs

Alongside the fact that along with our court decisions we obtain the Writs of Execution ourselves, we can similarly and without additional fees offer a range of additional services for pursuing the debts owed according to the court procedures. These services include:

1) Preparation and submission at the debtor's bank the writ of execution, along with a statement of debt relief entitling the debts to be lawfully  debited from their bank accounts.
- taking procedural action in the event that the bank refuses to cooperate with the debiting.
- monitoring of the utilisation of these measures until the debt amounts are paid by the Debtor.

2) Preparation and presentation at the Court Bailiff Service of the Writ of Execution and initiating of enforcement/collection proceedings.
- in-person verification at the Tax Office of the presence of the funds due in the debtor's bank accounts
- taking procedural measures in the event of violation of the bailiff procedures or the time-periods allocated for payment.
- monitoring of the processing of these documents until payment is made by the Debtor or until an Act is received confirming the Debtor is unable to pay.

We cannot guarantee that the bailiffs or the bank will find your debtor's property, especially if there is no property available. But we can certainly guarantee that whilst under our control, they will take every step which the law permits and which legal investigation can reveal to recover the debts/property, within stated deadlines!

 The Chair of the Moscow Court of Arbitration, Member ен of the Association Council of Federal Judicial Employees   Bailffs of the Russian Federation

 Mr Alexei Kravtsov

              

                                                            

 

           

For consultation on the procedure for conditions of recovery please call 8 (499) 501 15-90 ext 33 or ext 55

Extract from Clause 142 of “Enforcing the Judgment” from the Regulations of the Moscow Court of Arbitration.

7. The party in whose favour the judgment is made has the right to contact the Arbitration Court for the enforcement of the judgment. The Arbitation Court is authorised by its jurisdiction to determine how the judgment should be enforced, including the deployment for the purposes of collection agency agencies or other organisations, including the court-appointed bailiffs. Within two working days, the the Arbitration Court will send the applicant a reply in which it sets out the possible remedies, and the conditions under which they may be carried out. If the applicant opts to proceed with these, the Arbitration Court will organise the documentation relating to the chosen services for enforcement of the judgment, and will then set up the monitoring required to ensure they are followed through. The services of the Arbitration Court on this matter are entirely free of charge. The form and content of the application and carrying out the enforcement of the judgment by the Arbitration Court, along with the list of documents which are needed to set the processes in motion are given at Clause 143-144 of the Regulations of the Court (except points 2,3,4 of claus 144).

8. On conclusion of the arbitration agreement of the consideration of disputes in the Moscow Court of Arbitration the parties agree that all the costs connected with the implementation of measures for the enforcement of the judgment by the winning side will be agreed in written form within three working days from the date of the judgment. In case this requirement is not met, the side awaiting execution of the judgment of the Arbitration Court has the right to file claims for reimbursement of these costs in a separate action at its discretion, at the Arbitration Court or any other appropriate State court.

(paras 7-8 were introduced by the protocol of the general meeting of OOO RKTs Court of Arbitration dated 13^th Feb 2014 No 80, concerning the introduction of alternations to the Regulation of the Moscow Court of Arbitation, with notification of the Moscow Court of Arbitration made on 14^th Feb 2014)

 

Submission to the Arbitration Court about taking enforcement actions related to the judgment,
Power of Attorney for the Service of the Court Bailiffs – blank form 

 

• Federal Law of 02.10.2007 № 229-ФЗ "Enforcement Proceedings"
• Fedderal Law from 21.07.1997 № 118-ФЗ "Bailiffs"
• Letter by the federal bailiff service of the Russian Federation about criminal liability for the failure to fulfil the arbitral decision under Article (1) Art.315 and 177 of the criminal code.
• Resolution of the Plenum Supreme Court of the Russian Federation dated 17 November 2015 Moscow N-50 "On the application of the law by the courts when considering some of the issues arising in the course of enforcement proceedings”