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We received court ruling about recovery of debt for 26 supplies of goods in favor of our Client

  • Author: Andriy Buzynnyi
  • Legal Practices: Litigation
  • Date of publication: 15/10/13

Our company was contacted by an enterprise that was looking to enforce the debt from the counterparty for a number of deliveries. The fact is that cooperation with this counterparty had  lasted for more than three years, and over that time more than a hundred deliveries of goods were made, the payment for which was not always clear - “delivery to delivery”, but, as a rule, was basically either partial or the total amount for several deliveries, etc.

In this regard, the main task at the first stage of the claims work was a clear definition of unpaid deliveries, terms of violation of payment obligations and the possibility of charging penalties. In the course of this work, 26 unpaid or partially paid deliveries of goods were identified. Accordingly, for all deliveries, debt, interest and three percent per annum were calculated, which amounted to a total of more than 360 thousand hryvnias and took up thirteen A4 sheets.

The peculiarity of this case was that the court, having accepted the statement of claim, decided to correct the deficiencies in the calculation of penalties. However, at the court hearing, we succeeded in proving the arithmetic correctness of all calculations and completing the consideration of the case in two hearing (due to the fact that the case was heard at the Economic Court of the Rivne Region. Our company thus saved quite a bit of the Client's expenses on transportation and business trips).

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