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12.12.2023

How to repay a debt if the debtor has been liquidated?

Interaction between legal entities is carried out exclusively by agreement. However, if you cooperate with dubious companies, even signed documents do not guarantee financial security.

Unfortunately, debtor companies often behave in bad faith. They do not maintain a dialogue, do not respond to official correspondence, not to mention the fact that they do not properly notify about the start of the liquidation process of the company. As a result, you are expecting funds from a company that no longer exists.

And yet the law is on your side. It states that if the organization did not notify creditors about the start of the liquidation process, as a result of which their claims were not included in the liquidation balance sheet, the funds can be returned, even if the enterprise was successfully closed.

How to challenge the decision of the tax inspectorate

The liquidation process is completed immediately after the corresponding entry is made in the Unified State Register of Legal Entities. However, the decision of the Federal Tax Service can be challenged in a higher authority or court.

If you decide to act through the court, you should submit an application demanding that the decision of the Federal Tax Service be declared invalid. The legislation provides for a special procedure for filing such applications. It is presented in Chap. 24 APK. You should remember the deadlines for going to court. It is counted from the moment the corresponding entry is made in the Unified State Register of Legal Entities. The application must be justified. This way you can report that the debtor did not notify creditors about the start of the liquidation process or about incorrect data received by the tax office.

How to collect debt from individuals

The court may rule that the liquidation of the debtor company was carried out legally. In this case, you can submit claims for compensation of losses to the members of the liquidation commission. However, you will have to prove the totality of the circumstances.

How to get money through property distribution

You also have the right to file a claim for distribution of the debtor’s property if it remains with the liquidated company. The features of this procedure are described in detail in Art. 64 Civil Code. In addition, the company’s property includes its claims against third parties. This may even be the fulfillment of obligations that were not fulfilled due to a violation of the order. It is important to comply with application deadlines. No more than 5 years must pass from the date of making the corresponding entry in the Unified State Register of Legal Entities, that is, the date when the debtor company officially ceased to operate.

To recover your debt as soon as possible, contact a law firm. We will conduct a thorough legal analysis, help you collect all the necessary documents and competently justify your requirements. Your money will not disappear when the debtor is liquidated.

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