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CASE STUDY

A debtor tried to put his car beyond reach — the sale was declared void

Lawyer K. took money for services he never provided, then sold his car after losing in court so as not to pay. Attorney Dmitry Malyutov defeated the attempt to lift the attachment and had the sale contract declared invalid.

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Category
Civil disputes
Period
2019–2020
Key figure
3 court judgments in the client’s favour

Attorney Dmitry Malyutov

The task

Mr A. had paid a professional lawyer, K., more than 200,000 roubles for legal services that were never provided — K. had even persuaded him to sign papers stating the work was “fully performed”. After the court awarded the money back, K. tried to dispose of a car that could be seized to satisfy the debt.

What we did

First, evidence was gathered that no services had in fact been provided: the Simonovsky District Court of Moscow, in case No. 02-3758/2019, terminated the contract and ordered K. to repay the money; the judgment survived appeal and cassation. When K. sold the car to a Mr D. shortly before his assets were attached, the attorney defeated D.’s claim to lift the registration ban (case No. 02-4027/2020) and then had the sale contract declared invalid (case No. 02-4936/2020, judgment of 21 October 2020).

The outcome

All three judgments were in the client’s favour. The car the debtor tried to shed has been put on the wanted list so it can be seized towards the debt; enforcement continues.

Cases No. 02-3758/2019, No. 02-4027/2020, No. 02-4936/2020Simonovsky District Court of Moscow

The result in one case neither guarantees nor implies a similar result in another.

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