Securing a Claim

Another step in the process of preparing for litigation may be filing an application for securing a statement of claim. This measure is not very popular, since the courts rarely grant such requests. However, this procedure is provided for by law, and if you correctly build a strategy for the case and prepare a procedural document, then you can practically guarantee the execution of the court decision in the future.

An application for securing a claim can be sent to a commercial court simultaneously with a statement of claim or already in the process of considering a case. In order for the application to be accepted, it is required to pay a state fee in the amount of 2,000 rubles.

Types of interim measures that you can request the court to apply in relation to the debtor:

-       to seize his money or other property;

-       prohibit taking certain actions related to the subject of the dispute, or, on the contrary, impose the obligation to perform actions to preserve any property;

-       transfer the disputed property for storage to the plaintiff or another person.

In practice, the courts most often seize the bank accounts of debtors, but in order to do this it is necessary to prove to the court that “failure to take these measures may complicate or make impossible the execution of a judicial act” (Article 90 of the Commercial Procedure Code of the Russian Federation).

You can do it by taking the following steps:

-       provide the court with evidence of the unfavorable financial situation of the debtor;

-       indicate the presence of long time delays in the repayment of debts, the presence of other similar litigation;

-       attach the correspondence of the parties, other evidence confirming the debtor's unwillingness to return the debt and the intention to hide their funds;

-       provide evidence of attempted withdrawal of assets, precedents for premeditated bankruptcy;

-       indicate the absence of any other property of the debtor, due to which the claims could be satisfied.

The law provides another way to persuade the court to impose interim measures - to provide the plaintiff with a counter execution, that is, to deposit an amount on the court's deposit covering the debtor's possible losses, or to provide a bank guarantee or other financial security. The amount of counter security is established by the court within the limits of the claims and cannot be less than half of it.

Unfortunately, the above methods are not always effective and help to achieve the desired result, however, not taking advantage of the opportunity provided by law sometimes means missing out on a chance for a favorable outcome of the court case for both parties.

TEAM lawyers always assess the prospects of a court case in advance and offer real steps that will help your business!