Debt recovery from a Russian limited liability company (LLC) requires more than proving the amount due. Before filing in an arbitrazh court, the claimant must check the contract, the applicable pre-trial procedure and the evidence that the demand was properly delivered.
What this court practice illustrates
This note is based on commercial cases concerning unpaid contractual obligations. The claimant had to resolve a dispute about whether the pre-trial demand had been sent in the agreed manner before the claim was filed.
The court assessed the contract’s notice clause together with the claimant’s delivery evidence. Sending a demand to both the registered and the actual address of the counterparty helped demonstrate a good-faith effort to notify it. The outcome always depends on the contract, the correspondence history and the documents in the case file.
Pre-trial procedure: what to check first
- Contract clause. Identify whether the parties agreed a particular delivery method or address for notices and claims.
- Legal requirement. Under Article 4 of the Arbitrazh Procedure Code, a pre-trial procedure is required when it is prescribed by federal law or by contract.
- Content of the demand. State the basis of the debt, calculation, supporting documents, payment deadline and the consequence of non-payment.
- Proof of dispatch and delivery. Retain postal receipts, inventories of enclosures, courier documents, tracking information and electronic records where their use is agreed or otherwise appropriate.
Can the case be heard under simplified procedure?
Monetary claims may be considered in simplified proceedings where the statutory conditions of Article 227 of the Arbitrazh Procedure Code are met. For claims by legal entities, the monetary threshold stated in that article is currently 1.2 million roubles. However, procedural form is determined by the court and may change if the case requires fuller examination of evidence or other circumstances.
Practical checklist before filing
- Compare the debt calculation with the contract, invoices, acts and payment records.
- Check the limitation period and any contractual notice provisions.
- Send a reasoned pre-trial demand using a traceable method and retain the full evidence set.
- Allow the applicable response period before filing.
- Prepare the claim, evidence of the debt and evidence that the pre-trial stage was observed.
Legal assistance with commercial debt recovery
I review contracts and correspondence, assess the pre-trial route, prepare claims and represent clients in commercial disputes. The aim is to identify procedural risks early and present the documentary record coherently.