The attorney assists clients, including foreign ones, in collecting debts from Belarusian companies located in Minsk or other regional centers (Brest, Grodno, Mogilev, Vitebsk, Gomel).
In case of provision of assistance to the foreign companies, special attention should be given to the proper legalisation of power of attorney, documents confirming the legal status of the foreign person, written evidences in a foreign language. Otherwise, you may face difficulties with the upcoming process (the court can leave the claim without motion, return the statement of claim, do not attach evidence to the case materials).
Generally, the debt recovery procedure includes 3 stages:
I. Pre-trial Settlement of a Dispute
At this stage, the attorney may help in negotiations with the debtor, draw up a pre-trial letter that complies with the requirements of the legislation of Belarus (in most cases, the preparation of a pre-trial letter is mandatory before the action is filed), assess the prospects for the outcome of the case, the validity of the arbitration clause, the ability to collect debt via simplified procedure (via writ of execution procedure or through obtainment of a notarial writ of execution), to draw up an agreement on the application of mediation, to formalize the debt restructuring.
II. Court Proceedings
At this stage, the attorney may help in drafting a statement of claim, various kinds of motions, including taking provisional (interim) measures, appointing an expert examination, representing the client’s interests in court sessions, participating in negotiations within the conciliation procedure, assisting in concluding an amicable agreement and agreements on reconciliation, etc.
III. Execution of the Court’s Decision
At this stage, the attorney may help to initiate enforcement proceedings, take provisional (interim) measures against the debtor, including making an application for arresting the debtor’s assets, appealing the actions (inaction) of a judicial enforcement agent, his/her rulings, soliciting carrying out of certain executive actions by the enforcement agent, accompanying the executive procedure with notification of the client about its progress, etc.
If there are grounds (there is accounts reconciliation statement, sighed by the debtor, or the debtor’s answer to the claim, in which the debtor recognizes the debt, or unanswered pre-trial letter, etc.), the attorney may recover the debt via simplified procedure by initiating a writ of execution proceedings against the debtor or applying to the notary’s writ of execution. Application of mentioned procedures significantly speeds up the process of debt collection, as well as reduces the client’s costs (smaller payments with for court fee, as well as legal services).
See also our article “Top 5 Ways to Recover Debt in Belarus”.