Debt collection in Belarus

Debt repayment in Belarus is a specific procedure, in which our lawyers are well guided. We have extensive experience of working with foreign clients for whom we have collected money from state and private companies that are residents of Belarus.

The legal status of a particular debtor shall be determined prior to the commencement of the recovery process. The algorithm of actions to be taken to receive the money depends on whether the debtor company is carrying out its activities or is in the process of closing down. The sector of the economy, in which the debtor works, also generates some peculiarities in the repayment of debts.

RECEIPT OF DEBTS IN BELARUS
From a debtor in ankruptcy or in liquidation	From public, private and agricultural enterprises	Non-resident from a Belarusian company in the territory of the Republic of Belarus

Debt recovery in Belarus is carried out

Recovery of debts from a debtor in bankruptcy or in liquidation. During the economic crisis, many organizations are unable to pay their debts, which increases the number of bankrupt and liquidating debtors. As a result, there is a growing perception that there is a low probability of debt collection from such counterparties. However, the experience of our work shows that companies in the process of liquidation and bankruptcy often repay even the oldest debts at the expense of sold property and debtors’ funds. A dispute over debt recovery from a bankrupt and liquidated debtor often ends with the receipt of money on our client’s account. Our lawyers will help to get debts from the bankrupt or liquidated debtor company.

Repayment of debt from public, private and agricultural enterprises. In Belarus and Minsk, the state owns most of the companies actively involved in business turnover. Since the state is the owner of these enterprises and acts as a guarantor of good faith in the payment of debts, debt collection from state enterprises and collective farms is a promising business. We have considerable experience, which makes our assistance in debt recovery from this type of companies unique.

Collection of receivables by a non-resident from a Belarusian company in the territory of the Republic of Belarus. Many foreign organizations do business with Belarusian counterparties that do not always fulfill their obligations to repay the debt. Recovery of the debt by a foreign company from a Belarusian debtor in the territory of the Republic of Belarus by its own efforts, even in the presence of an in-house lawyer, is difficult due to different jurisdictions and specifics of foreign law. We will be happy to provide a full range of debt recovery services to non-residents and represent the interests of a foreign company in all related matters in the territory of the Republic of Belarus and in Minsk.

Debt recovery services in Belarus include:

• determination of the optimal debt repayment strategy
• legal examination of source documents for a specific debtor
• analysis of the debtor’s financial position and determination of the probability of debt repayment
• preparation and forwarding of the claim to the debtor
• negotiation with the debtor
• preparation and submission to the court of an application and request (claim/application for initiation of court proceedings/demand, etc.)
• supporting the actual execution of a court decision
• bringing the debtor’s officials to subsidiary responsibility