The lawyer called a working way to collect debts through the court

Collecting funds through the court is one of the most common ways to protect a violated right, but the court is not a guarantee of a refund of any money. Vitaly Shakin, lawyer, Candidate of Law, senior partner of ICA "Yurcity", announced this on Tuesday, June 30.

According to the expert, in order to successfully recover money, it is necessary to have legal grounds and evidence confirming the debtor's obligation to fulfill the obligation.

The expert stressed that most often the obligation to pay money arises as a result of the defendant's actions that violated the rights of another person, from a contract, receipt or other document, as well as directly from the law. In some cases, obligations may follow from acts of state or municipal authorities, and regardless of the reason, it is important that there is an obligation between the parties that the debtor has not fulfilled, he added.

"The main importance is written documents: contracts, receipts, acts, checks, receipts, bank statements, medical documents, court decisions and other materials confirming the circumstances of the case," the lawyer said in an interview with Lenta.Ru adding that witness statements can also be used.

The lawyer drew attention to the fact that, as a general rule, the limitation period is three years from the moment when a person learned or should have learned about the violation of his right.

He clarified that most often citizens apply to the court for disputes over repayment of debts on receipts and loan agreements, recovery of alimony, compensation for property damage and compensation for moral damage. If the defendant is an organization, then demands for a refund for low-quality goods or services, recovery of insurance compensation, compensation for damage caused by the actions of the organization or its employees, as well as protection of the labor rights of employees, including the collection of wage arrears, are common.

"The better the evidence base is prepared and the legal position is formulated, the higher the probability of a successful dispute resolution," Shakin concluded.

Earlier, on May 1, lawyer of the Sterligov and Partners Bar Association, Candidate of Law Mikael Ghazaryan told Izvestia that in Russia, parents who are formally unemployed but actually receive income may be required to pay alimony through alternative recovery mechanisms.

Article 83 of the Family Code of the Russian Federation allows you to establish alimony in a fixed amount of money. This is effective when the parent's income is unstable or intentionally underestimated. When making a decision, the court evaluates the real financial capabilities of a person and the level of provision for a child.

Prior to that, on April 14, bailiffs recovered more than 1.9 million rubles of salary arrears and compensation in favor of a software engineer from an IT company near Moscow. The money was transferred after the initiation of enforcement proceedings and the use of coercive measures, the press service of the Federal Migration Service of Russia for the Moscow region reports, writes RIAMO.