In Moscow, several businessmen became the victims of fraudsters. A large sum of money was suddenly debited from their accounts by court order. As it turned out, the goods had allegedly been delivered to these people, but they had not paid for them. But it turned out to be impossible to find the fictitious sellers - these companies were liquidated and the debts were sold to third parties, who took the case to court. Elena Gladysheva, Managing Partner of RI-Consulting, tells about another scheme of stealing other people's money and methods of protection against it on the air of Vesti FM.

Recorded broadcast: https://radiovesti.ru/brand/61178/episode/2621033/

ELENA GLADYSHEVA: "If the money was actually debited from the accounts of these individual entrepreneurs and transferred to fly-by-night companies, there are few, if any, options for getting the money back. Unfortunately, the order of execution of court decisions in the current legislation and the current enforcement system gives very little chance to recover money. The only thing that will help is not to lose even more money. It is quite common for parties to use falsified documents in arbitration proceedings. The court does not examine the validity of the documents, whether they are falsified or not, the court examines the circumstances. The party that makes the claim must prove the circumstances on which it relies. If the defendant believes that the documents submitted to the court are invalid, forged, he may file a counterclaim for invalidity of the transaction.”

For legal experts with years of experience, this new fraudulent scheme was an unpleasant revelation. The only protection and prevention from such financial losses lies in the information security of entrepreneurs, says Elena Gladysheva, and this is a matter for entrepreneurs themselves.

ELENA GLADYSHEVA: "If you do not have a system of information messages - Kontur.Focus, Casebook or a similar system that pulls up all the lawsuits on your counterparties and on you, then once a week you just "manually" go to kad.arbitr.ru, in the search engine, in the very top line, enter your name or TIN. If you see that an application is filed against you, and the application is shown there on the next day after submitting it to the office, you already understand that a case will be initiated against you.”

The lawyer emphasizes the summary of this story for businessmen: to get involved in any commercial disputes should be at an early stage. And that's why it's important to learn about these disputes in a timely manner.