The legal department of Acsour, representing the interests of the client company in court and won a dispute over the collection of a debt of several tens of thousands of dollars.
Client company (plaintiff): large IT service provider.
The essence of the dispute: collection of several tens of thousands of dollars of debt under a paid services agreement.
Result: victory in two instances.
Case description: Acsour provided legal support to a large IT service provider in a debt collection dispute. The complexity of the case was that the client company is not a Russian legal entity, but belongs to companies incorporated in an unfriendly country. It was the fact that the opponent referred to when refusing to pay for the services.
On the part of the defendant, attempts were made to refer to Government Resolutions and Presidential Decrees regarding foreign exchange transactions between residents and non-residents with the provision of foreign currency.
However, Acsour lawyers, with a systematic and teleological interpretation of the rules of law, were able to establish that these regulations are not applicable to regulated relations. It was proven that the defendant must fulfill his obligations and pay the debt to the client company, since there was no credit or loan agreement between the parties, and the client did not purchase any securities or real estate from the defendant.
The defendant also presented to the court an incorrect procedure for calculating the period of use of the client company’s funds and their amount. Thanks to the participation of Acsour lawyers in the proceedings, interest for the use of other people's funds was calculated according to the scheme proposed by Acsour and beneficial to the client.
This case highlights the importance of engaging a consultant with relevant experience and expertise at the litigation stage. Acsour's legal team successfully implemented a strategy to protect the interests of the client company which led to a positive outcome of the case in two instances.