Practice

Enforcement proceedings

Have the court’s decision but the debtor is not paying? We support enforcement proceedings until the money is actually received.

Service

What the service includes

A court decision is not yet money in your account. Many debtors count on the creditor stopping at this stage. Tracing assets, working with bailiffs and challenging their inaction all require separate effort.

We support enforcement proceedings from presenting the writ of execution to tracing the debtor’s assets and, where necessary, challenging the inaction of the bailiffs.

Often, once a debtor realises that recovery is inevitable, they start their own bankruptcy or simply stop trading through the legal entity, leaving an empty shell. In that situation we move the work onto subsidiary liability of the controlling persons, the director or the beneficiary, or we challenge the asset-stripping transactions made shortly before the proceedings began. Alongside the bailiff’s work, we run our own search for property, including real estate and accounts in other regions.

What the service includes:

Presenting the writ of execution Tracing the debtor’s assets Challenging bailiffs’ inaction Seizure and sale of property Recognition and enforcement of judgments abroad
Clients

Who it is for

The situations clients most often bring to us on this topic.

Creditors whose writ of execution is sitting idle with the bailiff Creditors who suspect the debtor of stripping assets ahead of recovery Companies facing inaction by a bailiff in their case Creditors ready to move the matter from a previous lawyer without losing time
Service

How we work

A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.

I

Presenting the writ

We send the writ of execution to the bailiffs or directly to the debtor’s bank if its accounts are known. Timeframe: 1 day.

II

Tracing assets

Where necessary, we identify the debtor’s property ourselves, because bailiffs do not always do this promptly. Timeframe: 1-2 weeks.

III

Oversight of the bailiffs

We monitor the progress of the proceedings and challenge the inaction if the bailiff does not take the necessary steps. Timeframe: ongoing, until the result.

IV

Receiving the money

We see the proceedings through to the moment the funds actually reach the creditor. Timeframe: until the money is received.

Documents

What you will need at the start

We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.

The writ of execution or court order The debtor’s details (as far as known) Information on the debtor’s property (if any) The bailiff’s resolutions (if proceedings have already been opened)
Practice

Key figures

Experience in this practice area specifically, not in practice as a whole.

63% of cases with our own asset search The share of proceedings in which the debtor’s property was found in parallel with the bailiff, rather than by waiting for the bailiff to act.
45 days average time from writ to first receipts This is the average time from presenting the writ of execution to the first money reaching the creditor’s account.
38 complaints about bailiff inaction filed The number of complaints about the inaction of bailiffs filed through the chain of command and in court.
RUB 210 million actually recovered through bailiffs The total amount actually received by creditors in the enforcement proceedings we have handled.
12 cases of director’s subsidiary liability The number of cases where recovery was shifted to the controlling person after the debtor stripped its assets.
4 regions simultaneous search for the debtor’s property The maximum number of regions in which asset tracing for a single debtor was conducted at the same time.
Practice

Common mistakes

Passively waiting for the bailiff. After handing the writ of execution to the bailiff service, many creditors simply wait for a result. Without regular motions and applications, the case can sit untouched for months with an overloaded bailiff.

Not considering a change of lawyer at the enforcement stage. A lawyer who won the case in court is not always equally effective at actual recovery. Working with bailiffs and tracing accounts and property requires a different set of skills and constant oversight, not one-off courtroom experience.

Failing to trace the debtor’s property in advance. While the creditor wonders where to start, the debtor has time to re-register assets or move money out of accounts. The search for property and accounts should begin immediately after the writ of execution is received, not after the bailiffs have thrown up their hands.

Result

What you get

Oversight of the bailiff’s actions. You get constant monitoring of the proceedings and timely complaints about inaction if the bailiff drags things out.

The debtor’s property found. The result of the search is a specific list of accounts, real estate or other property against which recovery can be enforced.

Subsidiary liability where assets have been stripped. If the debtor has emptied the company, recovery shifts to the director or the beneficiary behind it.

Money received in your account. Our support does not end with obtaining the writ. We see the proceedings through until the amount actually reaches the creditor.

FAQ

Frequently asked questions

What should we do if the bailiff is not acting?+

Their inaction can be challenged before a senior bailiff or in court, which often speeds up the process.

Can a debt be recovered if the debtor formally has nothing?+

We check this ourselves. Assets are often registered in the name of affiliated persons, and such transactions can be challenged.

How long do enforcement proceedings last?+

From a few weeks, if the debtor has money in their accounts, to a year or more where the debtor actively evades payment.

What if the debtor is a foreign company?+

A separate recognition procedure is required in the debtor’s jurisdiction, and we support such cases too.

What should we do if enforcement proceedings are suspended or terminated for no clear reason?+

You can ask the bailiff for a reasoned explanation and challenge the inaction before senior management or in court. In most cases the matter can be returned to active work without starting the process again.

Can the debtor’s rights be restricted if they ignore the court’s decision?+

Yes. Under certain conditions it is possible to seek a temporary ban on leaving the country, a driving restriction or other pressure measures. This often speeds up voluntary repayment of the debt more than the threat of seizing property does.