In business activities, situations often arise when payment for goods or services has been transferred, but the counterparty fails to fulfill its obligations. In such cases, businesses face a number of challenges. First and foremost – financial losses. There is also a risk of prolonged delays in the refund process, ignoring of claims, and refusal to settle the dispute voluntarily.

 

What should you do if negotiations do not yield results? An effective tool for protecting interests is to apply to the commercial court with a claim for recovery of unjustly acquired funds. It is essential to properly qualify the legal relations, collect a strong evidentiary base, and build a clear procedural strategy. For this purpose, support from an experienced lawyer is necessary. This task was handled by the team of AA Lawrange.

 

Would you like to know how we managed to recover the funds for our client? Read on.

 

Project Features: When Do Funds Become Unjust Enrichment?

The company, whose name we cannot disclose due to a signed NDA, found itself in a highly unfavorable situation. The case concerned the transfer of funds to a counterparty for goods that were never delivered to the client. The details of the case were as follows:

 

  • the payment for the goods was made in full by our client;
  • the contractual obligations of the fund recipient were not fulfilled;
  • the goods were not delivered to the client;
  • the funds were not voluntarily refunded.

 

In such circumstances, the transferred amounts may be qualified as unjustly acquired funds. This provides sufficient legal grounds for recovering them through judicial proceedings.

 

Legal Strategy and Procedural Implementation

Work on the project began with a comprehensive analysis of all circumstances and documents. Our team carefully examined:

 

  • the terms of the contract and the procedure for fulfilling obligations;
  • payment documents confirming the transfer of funds;
  • business correspondence between the parties;
  • compliance with the pre-trial dispute resolution procedure.

 

Special attention was paid to the legal qualification of the disputed relations. It was crucial to correctly determine the basis of the claim in order to form a legally substantiated position capable of withstanding judicial review.

 

After completing the analysis, the lawyers of AA Lawrange:

 

  • prepared a legal opinion assessing the prospects of the dispute;
  • formed the evidentiary base;
  • calculated the principal debt amount;
  • drafted and filed a claim on behalf of the client with the commercial court.

The claim clearly set out the legal position, substantiated the defendant’s obligation to return the received funds, and confirmed the fact that the goods had not been delivered.

 

During the court proceedings, the attorney provided procedural support: monitored the progress of the case, interacted with the court, timely responded to procedural documents, and ensured compliance with all deadlines.

 

Our Results

Following the consideration of the case, the court issued an order for the recovery of unjustly acquired funds. However, obtaining a court decision is only one stage in protecting the client’s interests. Our goal was not merely a formal victory but the initiation of the actual mechanism for returning the funds.

 

Therefore, after obtaining the court order, the team:

 

  • monitored its entry into legal force;
  • prepared documents to initiate enforcement proceedings;
  • submitted the documents to the enforcement authority;
  • supported the procedure for opening enforcement proceedings.

 

As a result, the compulsory debt recovery procedure against the counterparty was officially initiated.

 

Thus, through cooperation with Lawrange, the client received not just a favorable court ruling but a real instrument for the compulsory recovery of funds. The comprehensive approach ensured consistent and legally sound protection of the client’s property interests.

 

Faced with non-delivery of goods or a counterparty’s refusal to refund the advance payment?

Lawrange provides full legal support: from preparing the claim to initiating enforcement proceedings. At the same time, we focus on the actual recovery of funds rather than merely achieving a formal result.