“The company lost in court. Arguments to postpone execution” — article by Arltan Tserenov and Natalia Demidova for the Lawyer of the Company magazine
It will help: get a deferral or an installment plan for the execution of the decision.
The article describes how to obtain permission to execute a judicial act later or in parts. Using examples from current practice, Natalia Demidova and Arltan Tserenov, senior lawyers at Prime Advice, showed what arguments companies are currently accepting in the courts. If you take into account their requirements, you can avoid penalties, enforcement fees, and bankruptcy when there is no way to enforce the decision. How to justify that the property situation will improve in the future, read on.
Show us what caused the difficulties with the execution
If the judicial act is not in favor of the company, and there is no money to pay, it is possible to ask the court to pay the debt in installments or postpone the payment altogether. To do this, submit an application for a postponement or an installment plan for the execution of the court decision. The rule applies to any process: civil, administrative, and arbitration. There is no closed list of evidence that should be attached to the petition. The key task of the company is to justify the validity of the reasons why you are asking for additional time. We recommend that you focus on the position of the Supreme Court, which gave a list of such reasons. So, it is necessary to prove a difficult financial situation, the inability to execute the decision at the moment and the fact that you can do it after all, but later.
Please note: it will not be possible to execute the decision on time due to objective external circumstances. The courts clearly indicate that simply a lack of money to pay the debt is not a reason to postpone the deadline. It is important to make it clear that the difficulties arose due to circumstances that do not depend on the debtor. For example, the company could not pay off the debt because its money was in special accounts and it was impossible to use it until a positive conclusion on the state contract. If the court's decision establishes not monetary, but actual execution, it is also possible to obtain a postponement. For example, the court ordered tests of the heating system. The debtor referred: This cannot be done during the heating season unless consumers are disconnected. As a result, the court granted a stay of execution of the judicial act until the end of the heating season.