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CASE STUDY

Recovering a supply debt with unsigned delivery documents

Many of the supplier’s delivery documents lacked the buyer’s signature. Attorney Elizbar Margiev proved the deliveries through sales and purchase ledgers obtained from the tax authority — the debt was recovered in two commercial court cases.

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Category
Commercial disputes
Period
2021–2022
Key figure
2 million ₽ of principal debt recovered

Attorney Elizbar Margiev (then an attorney of the bar association)

The task

Dallles-Holding LLC sought help recovering a 2-million-rouble supply debt. The difficulty: many universal transfer documents lacked the buyer’s signature confirming receipt of the goods, which complicated proof.

What we did

Since the law does not limit the means of proving delivery, the supplier’s sales ledger was put before the court, and the court was asked to obtain the buyer’s purchase ledger from the tax inspectorate for the relevant period. The motion was granted: the ledgers received from the tax authority recorded all the delivered goods.

The outcome

The claim was granted: the principal debt and statutory interest under art. 395 of the Civil Code were recovered (case No. А40-152926/2021). A debt owed by another buyer was recovered the same way in the Commercial Court of the Vladimir Region (case No. А11-11793/2021).

Cases No. А40-152926/2021, No. А11-11793/2021Commercial courts of Moscow and the Vladimir Region

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

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Call: +7 499 460-64-27