What happened?
The Client contacted ProYuristBy law firm with a request to help recover money that his company lent to another company.
What have we done?
We asked the Client for a loan agreement, as well as a payment order, which confirms the transfer of funds, because the loan agreement is real, which means that the agreement is considered concluded after the transfer of funds. We also asked the Client for payment orders confirming partial repayment of the loan amount.
After we were provided with all the documents, we analyzed them and advised the Client to go to court, but first it was necessary to follow the pre-trial procedure for resolving the dispute. Therefore, we have drawn up a claim for the Client, as well as the calculation of penalties and interest for the use of other people's funds.
After the term for consideration of the claim, stipulated by the parties in the loan agreement, has expired, we helped the Client prepare documents for submission to the court to initiate writ proceedings, and also prepared the application for initiating writ proceedings and the calculation of penalties and interest for the use of other people's funds to him.
What happened in court?
Writ proceedings differ from lawsuit proceedings in that the court considers the dispute without calling the parties, so our Client did not have to go to court for a lawsuit. The court issued a court order, on the basis of which the Debtor of our Client must transfer the remaining loan amount, as well as fines and interest for the use of other people's funds, to the current account of our Client.
For reference
If the Debtor does not return the money, you can make a payment request and, with the received court order, go to the Debtor's bank, where, on the basis of the specified documents, the Debtor's account will be arrested and all the funds available to him will be transferred to the Creditor's account.
