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Legal briefing notes

Collection of debts: Criminal prosecution of debtors

The question about criminal prosecution of debtors has been difficult but essential and important for a long time. The procedure of collection of debts using criminal legislation is complicated and pointy.

The procedure of criminal prosecution and arraigning for debts includes:

  • Conduction of consultations to determine the presence of the indicia of a crime and the probability of prosecution in the actions of the borrower;
  • Preparation of application to law enforcement authorities indicating importance for criminal prosecution (the financial fraud, debt avoidance, non-performance of the judgement, etc.)
  • Qualified representation of interests of a client in law enforcement authorities;
  • Representation of interests in court in subjecting debtor to liability.

The procedure of criminal prosecution is not a final goal however such kind of practice it possible to find out in the actions of the debtor the indicia of a crime before and after obtaining loans. Generally, it facilitates debt repayment or searches for compromise solutions.

If during the loan there are unlawful actions and receiving a loan is without the obligator's will to return a loan, the procedure of criminal prosecution is the only right method of compelling the debtor to perform. Admittedly the possibility of debt repayment depends on the accuracy of primary documentation.

Collection of debts: What will you have to do if the debtor doesn't have money?

In quite a few cases judicial enforcement officers are not in a hurry to recover the debts because the obligator's company doesn't have any assets, etc. Many people feel desperate in such situations though there is an exit from such circumstances.

Through the procedure of bankruptcy it can be done:

  • a detailed examination of the documentation and registration papers of the debtor’s company;
  • to analyze the financial activity of a company;
  • to challenge fictitious transactions and the withdrawal of the assets;
  • To prosecute to secondary liability the owners of the company or management.

So the implementation of all these procedures makes possible the repayment of debts that have been impossible to do before because of the absence of assets. In some situations, it is the most optimal decision of all. Your contact with Tsentralny Okrug law firm will increase the chances of debts repayment.

Along with the criminal prosecution of debtors, it is possible to initiate the process of bankruptcy of a natural person if there are reasons for this.

The Tsentralny Okrug law firm provides services on the accompaniment of criminal prosecution of debtors in Voronezh, Kursk, Belgorod, Lipetsk, Tambov, Moscow.

Author is Irina Volodina

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