Commercial disputes and debt recovery
We handle contractual disputes over supply, works, lease and services, and cases on the invalidity of transactions and the recovery of losses, from the pre-action claim to cassation. A separate stream is work with receivables: claims, court recovery of the debt, penalties and inflation losses, interim measures and support through to the money actually being received.
Commercial disputes
Contractual disputes (supply, works, lease, services), disputes on the invalidity of transactions, recovery of losses. The full cycle: pre-action claim work, the statement of claim, evidence, expert reports, appeal, cassation.
A commercial dispute is not merely a conflict between two businesses. For an owner it can mean a loss of liquidity, blocked strategic projects and damaged relations with banks, investors and key counterparties.
That is why the PROCTOR team begins not with the drafting of a statement of claim, but with a comprehensive analysis of the business goals of the client.
We assess whether litigation makes economic sense, the prospects of enforcing the future judgment, the financial position of the debtor, the scope for interim measures, the risk of counterclaims, the corporate consequences and alternative ways of settling the conflict.
Our aim is not a formal court judgment, but a real economic result for the business.
Debt recovery
Systematic work with receivables: claims, court recovery of the debt, penalties and inflation losses, interim measures to secure enforcement of the judgment. Support right through to the money actually being received.
How we recover a debt
From the first claim sent to the debtor to the day the money reaches the company's account.
01
Analysing debt and debtor
We check the contracts, the underlying documents and the limitation periods, and assess the financial position of the debtor and its assets. The output is a conclusion on how realistic recovery is.
02
Pre-action claim
A claim with the calculation of the debt, the penalties and the inflation losses is prepared and sent. Often the debtor comes to the table at this step and signs a repayment schedule.
03
Claim and interim measures
We file the statement of claim with the commercial court and at the same time ask for the attachment of property and accounts, so the debtor cannot strip assets before judgment.
04
The case in court
The case is run at first instance, on appeal and in cassation: evidence, expert reports, examination of witnesses, answers to the counterclaims of the debtor.
05
Actual recovery
We obtain the writ of execution, open enforcement proceedings and see them through until the money reaches the account of the client.
Ways of working with a debt
The format follows the size of the claim, the state of the debtor and how many cases run at once.
Pre-action claim work
Calculation of the claim, a demand to the debtor and negotiation of a repayment schedule without going to court. For fresh receivables owed by a solvent counterparty.
Court recovery of the debt
One case handled from the statement of claim to the enforcement proceedings, including interim measures and support through to the money actually being received.
Managing the receivables
Standing work with a portfolio of debts: the order in which cases are brought, standard claims, control of limitation periods and reporting on each recovery.