The Rezolut team of lawyers is accompanying a large project to collect a debt in the amount of 18 million rubles from an individual debtor. During the enforcement proceedings, at the request of the company’s lawyers, the bailiff together with Rezolut lawyers made a visit to the debtor’s place of residence. As a result of this departure, objects of the debtor’s movable property were arrested.
At the same time, despite repeated demands of the company’s lawyers to transfer property for sale, the bailiff-executor did not take sufficient measures to seize the seized property. Rezolut managing partner Vasily Dryga appealed to the Kirovsky District Court of Yekaterinburg with a statement challenging the inaction of the bailiff.
By the decision of the Kirovsky District Court of Yekaterinburg, the lawyer’s claims regarding the recognition of the bailiff’s inaction as illegal were satisfied. At the moment, taking into account this decision, the company’s lawyers are preparing statements for the recovery of moral damage for long-term non-execution of a judicial act, as well as court costs. In addition, this judicial act has intensified the work of the bailiffs-executors of the Kirovsky Regional Department of the Russian Social Protection of the city of Yekaterinburg in terms of foreclosure on the property owned by the debtor.
Vasily Dryga, Managing Partner of Rezolut: “Challenging the inaction of a bailiff in court is an extreme measure. We usually try not to resort to it. Our specialists often manage to establish close cooperation with the bailiff service, which allows us to achieve good results. In this case, all attempts to resolve the issue were unsuccessful and we were forced to ensure that the bailiffs comply with the requirements of the law through the courts. In any case, this led to the desired result and at present the property is transferred for sale to a specialized organization. Here, as they say, “not by washing, so by rolling.”