Rezolut specialists have achieved the recognition of illegal actions of the bailiff-executor in the sale of the car belonging to the debtor, as well as the recognition of all transactions to alienate the illegally sold car invalid.
The law firm Rezolut was approached by a client who is a recoverer in the framework of consolidated enforcement proceedings against a major debtor. The client of Rezolut learned that it turns out that an expensive car belonging to the debtor at an extremely low value was sold by the bailiff in the course of enforcement actions. The claimant found out that the car was sold only after the distribution of funds by the bailiff service and the transfer of the amount due to him.
Our lawyers, in the course of work on behalf of the Principal, applied to the court with a statement on the recognition of the actions of the bailiff-executor in the sale of the debtor’s property illegal. The lawyers managed to prove that the car was sold at a reduced price, and the buyer, in turn, is the brother of the debtor’s wife. The court agreed with the arguments of the senior lawyer of Rezolut that the claimant was not aware of the adoption of the contested decisions, their copies were not sent to the claimant, and therefore he was deprived of the opportunity to participate in the sale of the specified property of the debtor, to express his opinion on disagreement with the selling price of the transport facilities. Based on this, the court decision invalidated all transactions for the alienation of an illegally sold car (by the time they went to court, the car had already been resold twice) and the consequences of the invalidity of the transaction were applied.
Based on this decision, the bailiff service will re-execute the procedure for the sale of the debtor’s property, but now, under the strict supervision of Rezolut specialists.
However, despite the positive result, Rezolut’s lawyers are already preparing to consider the appeals of the defendants who disagree with the decision taken in the case.