Debt recovery under contracts: getting your money back for your business
In business, late payment for goods or services is a problem that almost everyone has faced. Even a perfectly drafted contract does not guarantee that the other party will pay on time. When discussions and promises no longer work, professional legal support becomes the only effective solution.
We help companies and sole traders protect their financial interests in disputes arising from the non-performance of commercial contracts. If you need a solicitor whose court cases focus on the actual recovery of debts, it is worth engaging a lawyer even before filing a claim. Right from the start, we build a rock-solid body of evidence and formulate a strategy that will leave the opposing party with no chance.
Seeking assistance in commercial disputes is an opportunity to reliably protect your business. This is particularly important when resolving disputes between legal entities. In such cases, it is advisable to seek legal advice. A commercial lawyer provides services to the following business entities:
- sole traders;
- foreign legal entities;
- legal entities with various forms of ownership;
- enterprises that are not legal entities.
The types of contracts we work with:
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Supply and sale and purchase;
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Contract work and provision of services;
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Leasing, transport and storage;
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Distribution and other types of commercial transactions.
In addition to the principal amount of the debt, we clearly calculate all associated payments: interest on arrears, penalties, inflation-related losses and 3 per cent per annum. Before commencing the process, we carry out a full audit of your documents (certificates, delivery notes, invoices, correspondence) to realistically assess the prospects in court and minimise any risks.
Stages of providing legal assistance in commercial cases
Seeking legal advice is essential for a swift resolution of the dispute. After all, prolonged delays damage a company’s reputation and lead to financial losses. Seeking timely advice from a specialist in commercial law reduces these risks.
Pre-litigation settlement of commercial cases and preparation of a claim
Often, a well-drafted claim or a solicitor’s letter will prompt the debtor to pay voluntarily in order to avoid taking the matter to court. Furthermore, this serves as official evidence of your good faith for any future proceedings.
Representation in the commercial court
If no compromise is reached, we prepare a statement of claim for the commercial court. If necessary, we immediately file an application to freeze the debtor’s bank accounts or assets (as security for the claim) to prevent them from transferring their assets. We take full part in the hearings, respond to the defendant’s objections and monitor every step of the process.
Enforcement of the court judgement and actual recovery of funds
Winning the case is only half the battle. The key is to recover the funds. We oversee the enforcement process: we work with state and private enforcement agents, trace the debtor’s assets and ensure that the money is returned to your account.
The main areas of such assistance are as follows:
- contract analysis;
- resolving disputes through negotiation;
- developing a strategy to resolve the issue;
- drafting a statement of claim;
- representation in the commercial court;
- monitoring the enforcement of court judgments
Commercial litigation solicitor: when you need assistance
Seeking legal assistance in commercial disputes is advisable in the following situations:
- recovery of debts or fines;
- disputes concerning land plots;
- to have a contract declared void;
- breach of contractual obligations;
- termination or conclusion of contracts;
- protection of intellectual property rights;
- in relation to investment;
- appeals against decisions of the Antimonopoly Committee.
What benefits does a business gain from engaging a solicitor specialising in commercial matters?
The main benefits of engaging a solicitor include the following:
- speed;
- correct drafting of documents;
- a well-prepared conciliation procedure;
- the search for alternative solutions;
- minimisation of financial losses.
Legal assistance for businesses from Svarog
In commercial disputes, it is not enough simply to be in the right — you need to be able to prove it through documents and hard facts. We do not merely file a claim as a formality; we work to achieve results.
If your counterparty breaches the terms of the contract, delays payment or simply ignores your calls — don’t waste any time. The sooner a solicitor gets involved, the better your chances of recovering your funds quickly. Contact us, and we will protect your business through lawful and proven means.
Resolving commercial disputes is a key area of our firm’s work. We understand how important it is not to waste time in such situations. That is why, as soon as you contact us, our lawyers immediately begin to develop a strategy for your case.
In addition, by working with us, you will enjoy the following benefits:
- a personalised approach;
- full resolution of the case;
- legal representation in commercial disputes where necessary;
- advice on any issues that arise.
Simply get in touch if you need help. We’ll outline the possible ways to resolve your case with minimal losses.
Frequently Asked Questions and Answers
When do you need a commercial litigation solicitor?
The main reasons for seeking a solicitor’s assistance are:
- breach of contract;
- disputes;
- appeals against government bodies;
- bankruptcy proceedings;
- property disputes.
How can a commercial dispute between companies be resolved?
Disputes can be resolved in the following ways:
- pre-litigation settlement (negotiations and submission of a claim);
- court proceedings leading to a court ruling.
How can a debt be recovered through the commercial court?
Debt recovery through the courts takes place in accordance with a procedure established by law:
- gathering evidence and original documents;
- preparation of pre-trial correspondence (where applicable);
- calculation of penalties (if any);
- payment of court fees;
- drafting the statement of claim and filing it with the court;
- obtaining a court judgement.
What documents are required for a commercial dispute?
The number of documents required in a commercial dispute depends on the cause of the dispute. However, the main ones are:
- contracts confirming the legal relationship (sale and purchase or supply);
- documents confirming the performance or non-performance of the contract (acceptance and transfer certificates);
- pre-litigation settlement documents (claims or demands);
- documents for filing a claim.
Is it possible to settle a commercial dispute without going to court?
Yes, it is possible to settle a dispute out of court by signing an agreement between the parties.
How much does a commercial litigation solicitor cost?
The cost of legal assistance depends on the complexity of the case. Clients can find out more about this during their initial consultation.