HomeArticles on bankruptcy of individuals First court hearing on bankruptcy of individuals: rules of conduct for the debtor
Author of the article: Konstantin Milantiev
Last revised September 04, 2020
Reading time 3 minutes
After collecting and submitting documents, the debtor will have to prepare for the first court hearing in the bankruptcy procedure. How the court hearing goes, what to say during the process and how to convince the court of your insolvency, read on.
Tracking a claim in court via the Internet
Information about received and considered cases in the system of courts of general jurisdiction can be found on the website of the State Automated System “Justice”. The database will help track the existence of a claim and the stage at which the case is at.
This is important to know: The concept of the essence and characteristics of claim proceedings
You can find a case in court by last name by selecting the body and subject of the federation.
Important! Information on cases of general jurisdiction is available through the State Automated System “Justice”. To obtain information about disputes related to the economic activities of individual entrepreneurs and enterprises, go to the Arbitration Case File.
Search for a case by the last name of the participant in the process and the case number
You can submit a claim through the automated system.
The easiest way to find lawsuits by last name is by visiting the official website of a government agency. Users select the “court proceedings” section. Next, in the full name column, the details of the participant in the process are indicated. By clicking on the “search” button, the user will search for court cases by last name.
You can find out a court case by number by entering a known case number. After which the visitor will see information about his participation in all cases considered by the body. By searching by case number in the district court, a citizen can obtain information if he knows exactly the correct number.
It has become even easier with automation to check individuals for their participation in proceedings. Now any Internet user can find a court decision by last name. Moreover, for this it is not necessary to be a party to the case. Using the resources of the global Internet, you can check a court ruling against an individual, as well as an individual entrepreneur and a legal entity.
How can I find out if I have been sued or not?
Is it possible to find out in advance whether I have been sued or not?
If you have been sued, you will receive a court letter at your place of registration in accordance with Art. 28 Code of Civil Procedure of the Russian Federation.
Can. Depends on the amount of the claim.
You need to look at the information on the website of the district court or magistrate.
Federal Law of December 22, 2008 N 262-FZ (as amended on December 28, 2017) “On ensuring access to information about the activities of courts in the Russian Federation”, Art. 14
In this case, you will be notified with a summons in accordance with Article 116 of the Code of Civil Procedure. A judicial summons addressed to a citizen is handed over to him personally against a signature on the counterfoil of the summons to be returned to the court.
That is, you will receive an envelope with a court notice, all the materials will be sent to your registration address personally by the postman against a receipt, so if anything happens you will always find out who filed a lawsuit against you
You can find out specifically only if the claim has already been accepted for consideration and a date has been set, but then YOU will be notified. Until you are notified, you have not been sued. You will have time to prepare.
Hello. The easiest option is to contact the creditor yourself at a bank branch or to someone who you think can sue you. There is a general search on the website of the justices of the peace in your city and you can check by last name or by last name and initials for all precincts. What falls within the competence of justices of the peace can be found in Article 3 of the Federal Law “On Justices of the Peace” or Article 23 of the Civil Procedure Code of the Russian Federation.
You can also try searching the State Automated System of the Russian Federation “Justice” https://sudrf.ru/.
Hello, you can find out by receiving a subpoena, which must be sent to you in accordance with the Civil Procedure Code of the Russian Federation, in addition, in accordance with the Civil Procedure Code of the Russian Federation Article 28. Filing a claim at the place of residence or location of the defendant
This is important to know: Deadlines for filing a claim for compensation for material damage
The claim is brought to the court at the place of residence of the defendant. A claim against an organization is filed in court at the location of the organization.
Hello, in accordance with Art. 116 of the Code of Civil Procedure of the Russian Federation, when a claim is filed in court, a subpoena must be sent to your address, and the court secretary also has the right to notify you by telephone about the date and place of the hearing of the case, issuing your notification by telephone message.
If you have information about the court to which a potential plaintiff may file a claim, you can find out the information you are interested in through the website of the relevant court in the “Judicial Proceedings” section.
At the same time, consideration of an application for a court order occurs without summoning the parties.
Legal write-off of citizens' debts in Moscow
General provisions
1.1 Bankrot-Service LLC (hereinafter referred to as the Operator) makes respect for the rights and freedoms of citizens one of the most important conditions for carrying out its activities.
1.2 The Operator’s policy regarding the processing of personal data (hereinafter referred to as the Policy) applies to all information that the Operator can obtain about visitors to the bankrotserv.ru website. Personal data is processed in accordance with the Federal Law “On Personal Data” No. 152-FZ.
Basic concepts used in the Policy:
2.1 Website - a set of graphic and information materials, as well as computer programs and databases that ensure their availability on the Internet at the network address bankrotserv.ru;
2.2 User – any visitor to the bankrotserv.ru website;
2.3 Personal data – any information relating to the User of the bankrotserv.ru website;
2.4 Processing of personal data - any action with personal data performed using a computer, as well as without their use;
2.5 Depersonalization of personal data – actions that result in the impossibility of determining the ownership of personal data to a specific User or person without the use of additional information;
2.6 Distribution of personal data – any actions that result in the disclosure of personal data to an indefinite number of persons;
2.7 Providing personal data – any actions that result in the disclosure of personal data to a certain circle of persons;
2.8 Destruction of personal data – any actions that result in the irreversible destruction of personal data on a computer or any other media.
The Operator may process the following personal data of the User:
3.1 List of personal data processed by the operator: last name, first name, patronymic, phone number, email address.
3.2. In addition, the site collects and processes anonymized data about visitors (including cookies) using Internet statistics services (Yandex Metrica, Google Analytics and others).
Purposes of processing personal data
4.1 The user’s personal data - last name, first name, patronymic, phone number, email address - are processed for the following purpose: Making an appointment for a consultation. The Operator has the right to send notifications to the User about new products and services, special offers and various events. The User can always refuse to receive information messages by sending a letter to the Operator to
4.2 Anonymized data of Users, collected using Internet statistics services, is used to collect information about the actions of Users on the site, improve the quality of the site and its content.
Legal grounds for processing personal data
5.1 The Operator processes the User’s personal data only if it is sent by the User through the forms located on the bankrotserv.ru website. By sending his personal data to the Operator, the User expresses his consent to this Policy.
5.2 The Operator processes anonymized data about the User if the User has allowed this in the browser settings (saving cookies and using JavaScript technology are enabled).
The procedure for collecting, storing, transferring and other types of processing of personal data
6.1 The Operator ensures the safety of personal data and takes all possible measures to prevent access to personal data by unauthorized persons.
6.2 The User’s personal data will never, under any circumstances, be transferred to third parties, except in cases related to the implementation of current legislation.
6.3. If inaccuracies in personal data are identified, the User can update them by sending a notification to the Operator via email to the Operator's email address, or to the Operator's postal address 248000, Kaluga region, Kaluga, st. Gagarina, 4, office 2, marked “Updating personal data.”
6.3 The period for processing personal data is unlimited. The User may at any time withdraw his consent to the processing of personal data by sending a notification to the Operator via email to the Operator's email address [email protected] or to the Operator's postal address 248000, Kaluga Region, Kaluga, st. Gagarina, 4, office 2, with the note “Withdrawal of consent to the processing of personal data.”
Final provisions
7.1. The User can receive any clarification on issues of interest regarding the processing of his personal data by contacting the Operator via email [email protected] or to the Operator's postal address 248000, Kaluga Region, Kaluga, st. Gagarina, 4, office 2.
7.2. This document will reflect any changes to the Operator’s personal data processing policy. In case of significant changes, the User may be sent information to the email address specified by him.
How to find out a court decision via the Internet?
Any court case, regardless of its complexity and type, ends with a decision. A court decision contains a lot of data, such as a court decision, a list of actions required to be performed, etc. At the same time, it is read out to the parties in the courtroom itself, and copies of it, as a rule, are given to the participants.
But the parties and interested parties do not always have the opportunity to familiarize themselves with the court decision directly. In this case, the Internet can help - nowadays there are a large number of online services that provide the opportunity to familiarize yourself with the decisions of courts of various instances. In this article we will talk about how to find out a court decision via the Internet by last name, what services are suitable for this purpose and what materials you won’t be able to get acquainted with.
How to check
There are only four ways to get acquainted with the result of the trial:
- Participate in the case as a plaintiff, defendant, witness or simple observer (if possible). Legislation and norms of judicial record keeping oblige judges to announce the verdict immediately after its delivery; concealment of information is not allowed;
- Receive the court decision in text form through the office. In some situations, participants in the process, as well as third parties, may apply to the court and request a copy of the court decision. As a rule, this is necessary in order to continue the enforcement of a court decision;
- Receive the court decision by mail. In the event that one of the parties does not have the opportunity to personally familiarize itself with the resolution, it is possible to submit a request that it be sent by mail to the specified address. As a rule, postal delivery of a court decision is practiced when considering a case without the participation of the parties;
- Check the court decision by name or number via the Internet. There are many official and unofficial sites that allow you to find out the court decision by last name online. In this case, most often not only the last name is required, but also some additional information. The easiest way to check is by case number - it’s more reliable and accurate.
Who has the right to request
According to current legislation, a request for written confirmation of the outcome of a trial can only be made by participants in the case or government agencies directly related to the execution of the verdict.
It is important to know! Persons participating in the process have the right to demand that they be provided with as many copies of the document as is required to comply with the will of the court.
In addition to the fact that each of the parties to the case must be provided with copies of the paper, the plaintiff has the right to personally contact the Federal Bailiff Service so that the verdict is enforced (if it is not executed voluntarily). In such a situation, you will need to write a corresponding application, attaching a copy of the judge’s decision, and submit the documents to the civil service.
Government agencies that are required to take certain actions based on the outcome of a case must also obtain written evidence that they are doing everything according to the law. In this case, the authority will be confirmed by a copy of the court verdict with the stamp of the court that issued it.
Checking via the Internet
Conducting an online check is not difficult. You can:
- Use the official services, a list of which is presented below. These are government databases, and the information presented in them will be truthful;
- Use third party resources. Many Internet portals offer to check and find out the court decision by name, case number or date. When using such services, you should be careful - there is always a chance that you will encounter scammers;
- Check the court verdict through a legal organization operating via the Internet. It is recommended only if you are unable to find the information you need on your own, or if you need a lawyer's opinion on the case.
This is important to know: Recognition of debt outside the statute of limitations
Website sudrf.ru
The State Automated System of Justice website is the most convenient site for those who want to find a court decision in a civil case or other process by name. It does not require the provision of any clear data, and to obtain information it will be enough to enter any information. Moreover, the more information you provide, the more accurate the data provided will be.
The description of the case itself is still quite detailed. The first tab contains basic data on the case: number, parties, main articles, etc. The second tab describes the progress of the case in detail, presented in the form of a table. From this table you can see the result.
Website judicial decisions.rf
The website www.judicial decisions.rf is also an accessible tool for searching for a decision on a case by name online. It is distinguished by its advanced search system, which allows you to find a case even by the most insignificant parameters. In addition, all cases are divided into regions, which makes it much easier to navigate the documents.
The case page is less detailed than on sudrf.ru, but all the necessary information is provided on it. You can familiarize yourself with both the persons involved in the case and a brief history of the hearings. The site also provides a personal account.
Website arbitr.ru
Using the website www.arbitr.ru you can check decisions on arbitration cases. Navigation on the site is not very easy, and in order to get acquainted with the information you need, you need to go either to the page “Decisions of arbitration courts on applications for declaring normative acts invalid”, or to the page “Decisions on the appointment of punishment by arbitration managers in How to find out the court decision online by last name*type of disqualification.”
How to behave in court? Instructions for the debtor
What worries debtors most is that the court may ask awkward questions that will be difficult to answer the first time. We recommend telling only the truth. The purpose of the procedure is not to convict you of lying or wastefulness, but to help write off unsustainable loans and other types of debts.
We strongly do not recommend lying in questions whose answers are easy to check. For example, have you entered into property transactions over the past 3 years? Such information will later be clarified by financial managers by submitting requests to departments, and the lie will quickly be discovered. This may discredit you.
What do they ask in court?
- When was the last time you paid off your debts? We recommend answering this question in the same manner as stated on the application.
- Where were the borrowed funds spent? Explain in your own words how it really was: for food, for treatment, for the purchase of expensive furniture, and so on.
- Why did you decide to go bankrupt? The reasons must be stated in writing, in a statement. You should answer in the same way as it is written.
- Do you have funds to pay legal fees? You must have a certain amount initially. It can be demonstrated in different ways: for example, by showing a bank statement.
How long will the bankruptcy procedure take?
On average it takes 7-8 months, sometimes more (if there is property to be sold or dubious transactions). The main thing is to find a good manager who will really be actively involved in your business.
Important!
If you do not want to take part in court hearings, you can invite a representative to defend your position. Many lawyers are engaged in representing the interests of individuals. persons in the Arbitration Court.
If you have questions about the court or would like to enlist the support of experienced lawyers, please contact us! We are ready to advise you on all issues and provide high-quality legal support in bankruptcy!
Get a free consultation right now - by phone or online chat.
We will write off debts with a guarantee
Our lawyer will call you in a few minutes and answer all your questions
our team
Vladislav Kvitchenko
CEO
- Marina Zabiran
Senior bankruptcy lawyer persons
- Grigory Nechaev
Bankruptcy lawyer persons
- Oleg Martin
Financial analyst
- Yaroslav Mitkov
Junior bankruptcy lawyer persons
