The entrepreneur turned to Rezolut, having in his hands a final court decision. He successfully won the dispute and the court ordered the opponent to release the illegally held property, take out the property and hand over the keys to the owner. However, more than six months have passed since the decision was made, the opponent evaded the execution of the court decision, provoking the owner to independently execute the court decision.
Instead, Rezolut’s lawyers decided to otherwise motivate the debtor to promptly enforce the judgment.
Firstly, within the framework of the already won case, the lawyers achieved the appointment by the court of a judicial forfeit (astrent) in the form of collecting a fixed amount from the debtor for each day of non-execution of the court decision.
Secondly, they went to court with an independent claim to collect fees for using the property for the entire period of use. As part of the case, a forensic appraisal examination was appointed and carried out, which determined the market value of the lease of the disputed property for the period of actual use. The results of the examination were accepted by the court, the corresponding amount was collected from the opponent. The appellate court rejected the defendant’s petition to appoint a repeated appraisal examination, the decision was left unchanged.
As a result of the actions taken by the lawyers of Rezolut, the debtor vacated the premises from the property in it within a week after the entry into force of the last judicial act.