BIRCH challenged the bailiff's enforcement fee in the amount of more than RUB 90m in court

BIRCH's dispute resolution practice predicated its position upon the violations committed by the bailiff when conducting the enforcement proceedings.

Enforcement fees are a penalty for delaying the voluntary repayment of debt without reasonable cause (7% of the amount of the unpaid debt). In this regard, it is important to show that the debt was repaid in a timely manner as soon as the bailiff's restrictions are lifted.

This case conclusively demonstrates that the provisions of the Law on Enforcement Proceedings in the Commercial Procedural Code of Russia apply not only to the parties of the case but also to the bailiffs themselves.

The team that worked on this case included Partner Evgeny Oreshin, Senior Associate Yury Knyazev, Junior Associates Nikita Rogozhin and Ivan Tebenev, as well as Legal Assistant Elina Galieva.

Key contacts

Evgeny Oreshin

Partner, Attorney at law, Dispute Resolution

+7 903 777 9825 evgeny.oreshin@birchlegal.ru

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