In the event of default on the debt by the debtor during the trial and non-execution of the court ruling voluntarily it is necessary to resort to enforcement proceedings with regard to the court ruling. The creditor can force to debit the monetary funds from the debtor’s bank accounts, as well as through a bailiff/law enforcement officer to seize and sell the debtor’s property. Enforcement proceedings are an important part of the economic procedure. The attorney can prepare an application instituting enforcement proceedings, continuously monitor the progress of enforcement proceedings and interact with the bailiff, represent the client’s interests in the issues relating to changing the procedure of repossession of assets – cash and property of the debtor, the debt restructuring, the bidding for the sale of the debtor’s property .
Competent and timely actions can significantly increase the chances of the complying with the court decision, even in the most difficult and seemingly hopeless situations.
Assistance provided by the attorney regarding the enforcement of the court decision or arbitration award in Minsk and other Belarusian cities includes the following actions:
• negotiations with the debtor on the complying with the ruling,
• the search for options of the debtor’s complying with the court decision or arbitration award;
• submission of the writ of execution to the bank prior to the initiation of enforcement proceedings in court;
• institution of enforcement proceedings by submitting an application to the competent court;
• monitoring of the bailiff’s activities on the instituted enforcement proceedings;
• participating with a bailiff in enforcement activities, in particular, while seizing the property or monetary funds of the debtor belonging to the debtor and held by him and (or) other persons; inspecting the premises and storage space of the debtor; while the seized property of the debtor is being sold;
• appealing of the decisions and actions of the bailiff;
• keeping the client up-to-date about the enforcement proceedings.