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Recently, there has been a noticeable increase in the number of fraudsters illegally withdrawing money from the bank accounts of persons (more often legal persons) by means of judicial orders. Because of the fraudsters' actions, those who did not enter into any transactions or business became debtors on the basis of a court order. The bank is obliged to write off funds from the personal account of the "debtor" in accordance with the legal requirements and execute it promptly, without any checks. Therefore, the victims are mainly large companies with million-dollar bank accounts in well-known banks: the large volume of transactions both in the company and in the bank does not allow to quickly trace the illegal write-off of funds.

The court order is issued only on the indisputable requirements i.e. that do not involve a dispute about the right. For example, with the help of this order it is possible to obtain arrears of wages, taxes, fines, utilities, alimony, loans and borrowings (the full list is established by Art. 121 of the Civil Procedure Code). It is sufficient to apply to the court by mail with provision of documents (often false), "confirming" the legal fact. The debt can be recovered via simplified procedure, bypassing bailiffs, which also encourages violations of the law. It is what fraudsters use regularly.

The swindler makes a claim not exceeding 100,000 rubles (on taxation), 400,000 rubles (in cases courtiable via arbitration) and 500,000 rubles (in cases courtiable via general jurisdiction). We advise to pay special attention that previousely the simplified order on compulsory payment of salaries was applied on demands for a sum no more than 25 000 roubles (part 1 of article 9 of the Federal law from 02.10.2007 N 229-FZ "About Enforcement Proceedings"). Starting from January 8. of 2019, this threshold has been increased to 100,000 rubles.

In order to receive the contract form, details and seal sample, fraudsters intentionally enter into fictitious contractual relations and conduct business correspondence in order to obtain the necessary data. Tour operators are particularly vulnerable, as they can send their contract by e-mail to any counterparty.

Typical fraudulent actions are following. Documents are forged, sent by mail or presented in person. When there is a court order issued, after the expiry of the deadline for appeal (10 days from the date of receipt of the notification by the debtor), it is possible to recover the specified amount within 1 day, as the origin of the document, most likely, will not cause the bank suspicions.

In order to avoid a mass violation of civil rights, on 17.02.2017 the State Duma was introduced a draft on exclusion from the Civil Procedure Code of the Russian Federation a concept of court order upon request deriving from a simple written transaction. If the proceedings are conducted as a lawsuit, the fraudsters will not be able to avoid acquaintance with bailiffs, which will make it impossible to implement the abovementioned criminal scheme.

How are we capable of protecting ourselves from fraudulent judicial orders?

The main thing is to understand the following. Any fraudsters expect that “debtors” will have enough time to get court order by mail and file objections to it within 10 days. To protect oneself from falling into this trap, it seems necessary:

1. To check the mail at the place of residence or temporary registration regularly.
2. Not to ignore notifications sent by mail.
3. Not to postpone the visit to the post office, as 7 days after the delivery of the letter to the addressee. it will be considered to be delivered. It must be admitted that 10 days for objections will be counted starting from this date.
4. To learn not to carry all eggs in one basket - that is to distribute financial means on several bank accounts (it is desirable to presume different banks).
5. Execute documents on any transactions or settlements when being a payer of. Sales receipt, acknowledgement of receipt, act, cash receipt or money transfer receipt, etc. These documents will be able to confirm that an injustice has occurred and will unveil sufficient legal force to actually substantiate an objection to the judicial order.
6. Collaborate wire operational information systems for the status of debts and mail delivery on the public services website.

Court order is issued without debtor’s participation. Though, it regularly happens that there is nothing to prevent: the "debtor" has not yet had time to learn about the claims, and there is already an order. How to act in such a situation?

Definitely, to object! We insist on your construction of an objection, sending it to the very court that has previously issued the order. The reason for the measure is not important: the very fact of its existence testifies to the dispute about the legal right, which cancels the possibility of resolving the issue by issuing judicial order. If the order has not yet entered into force at the time of filing the objection, the money can still be saved by starting a full trial. If the order has already entered into force and, most likely, has already been executed, a complaint is filed against the judicial order, which, when the objection proved to be relevant and based on factual ground, will lead to a turn of execution of the court decision - that is, to the cancellation of the previously made decision and the appeal of its consequences.

Should we repeat: if you have encountered fraudsters, file a complaint with the police, but do not forget to file an objection to the court.

Sinoruss is ready to provide all of the necessary support and assistance. Our lawyers know the solution however difficult your situation may be.