In the course of enforcement proceedings, bailiffs, with the support of the company’s lawyers, seized a number of objects of the debtor’s movable property. The debtor’s wife applied to the Chkalovsky District Court of Yekaterinburg with a claim against the company’s client and her husband. As a claim, the plaintiff asked to release all the debtor’s property from seizure, submitting in the case materials a “property division agreement” and documents for the property.
In his objections, the managing partner of Rezolut, Vasily Dryga, pointed out that the agreement called the “property division agreement” in essence does not establish the transfer of ownership, but only establishes the procedure for using the disputed property. In addition, the lawyer managed to convince the court that since there were no claims for the division of property, the allocation of the plaintiff’s share, and the recognition of her ownership, the claim cannot be satisfied.
As a result of the trial, the Chkalovskiy District Court of Yekaterinburg agreed with the arguments of Vasily Dryg and the claim was fully rejected.
Vasily Dryga, Managing Partner of Rezolut: “Such claims are an actively used instrument for debt evasion, used by unscrupulous debtors and their spouses. It has already become “good form” after the seizure of property to go to court and submit an agreement on division, where exactly as in the act of seizure all the described property is indicated. I am glad that we managed to resist the unfair actions on the part of the debtor and convince the court of the groundlessness of the claim ”.