Summary procedure has the advantage in fast adjudication, since the general procedure’s time for consideration of a case is from 6 months to a year or several years
The advantages of summary debt collection:
1) The cost of the work of a lawyer will be only 30,000 rubles, including the collection by the court from the defendant - no court hearings. Documents are filed with the court electronic format.
2) The court makes a decision within 2 months. This decision comes into force within 15 days and shall have immediate effect. Such a decision can be sent to the debtor's bank to write off funds from the account. You can find out more about this in our article "presentation of a writ of execution by an organization to a bank"
The cost of a lawyer's work is significantly reduced due to the lack of court hearings. The lawyer should draw up a statement of claim, calculate the amount of money to be recovered, and submit a complete set of documents electronically to the court.
After that the lawyer monitors the progress and sends necessary documents to the court. The court may request additional clarifications on the circumstances of the case, or adjustments to penalties, default interest, fines. The defendant has time limit to send a response to the statement of claim, to give and attach additional explanations.
Requirements for cases during summary procedure:
1) the defendant does not recognize the debt, and the amount of the debt declared by the referring party does not exceed 800 thousand rubles.
2) the debt is recognized by the defendant, or confirmed by documents and an agreement (in this case the amount of debt does not matter)
3) assignment of an administrative punishment does not exceed a fine of 100,000 rubles.
If the amount of debt is more than 800 thousand, your counterparty can dispute the debt to your company, then you need to file a claim in accordance with the general procedure.
The statement of claim is signed by the referring party ® the necessary documents are attached to the statement of claim ® the entire set of documents is sent to the defendant and to the court ® and the referring party also applies a payment order for payment of the state duty to the court.
After this petition is filed for the recovery from the defendant of court fees (paying for legal services, postage). Together with the delivery of the judgment, the court will immediately resolve the claim for the recovery of court fees. All these requirements will be included in one enforcement order and will be executed simultaneously.
Summary procedure decision for the debtor is no different from the general order decision. It is mandatory.
The only way not to comply with a summary Court decision is to cancel it.
The debtor has the right to file an appeal against the decision of the Arbitration Court, rendered in a simplified manner as well as in the general procedure.
The debtor has 15 days to file an appeal. Its needed to send the complaint to the referring party and to the court of first instance.
We have significant experience in conducting arbitration cases. Contact us for legal advice.
Tel: +7 909 961-19-09
Visit us: Moscow, Zubovskiy bulvar, building 4, room 308