To recover or not to recover, that is the question! What to pay attention to when recovering penalties and interest?
Many in-house lawyers in their daily activities are faced with the need to collect accounts receivable. As a rule, it represents the amount of the principal debt, as well as the accrued amount of penalties and interest for the use of other people's funds (hereinafter referred to as interest).
However, despite the apparent simplicity of this issue, quite often the courts refuse to satisfy claims containing demands for the recovery of penalties or interest.
Today, as part of our weekly column, we would like to use examples of fairly typical situations to remind you of some of the nuances of collecting penalties and interest in the Republic of Belarus, which you should not forget about.
Situation No. 1
The counterparty (debtor) repaid the principal debt, but during the period of cooperation he systematically violated payment terms, resulting in a significant amount of penalties and interest for the use of other people's funds.
Many suppliers (sellers) or lessors find themselves in a similar situation, who, in order to “teach a lesson” to the debtor, go to court to collect penalties and interest from him.
Of course, filing such a claim is legal and justified. Even the fact that the principal amount was repaid before going to court does not deprive the plaintiff of the right to file such a claim.
