The client, a citizen of Russia, in March 2017 concluded with a citizen of Belarus (the defendant) a contract for the sale of a mobile tent circus, according to which the client sold the specified circus to the defendant. The contract provided for an installment payment for the circus. For violation of the terms of payment, a penalty was provided.
Since the buyer repeatedly violated the terms of payment, the client did not agree to give him all the documentation for the circus until the penalty was paid on his part.
The attorney did the following:
1. During the consultation, the lawyer studied the contract and correspondence between the buyer and the seller. It was found that, despite the illiterate terms of the contract, one could try to bring claims not only for the recovery of a penalty, but also for the recovery of the circus from someone else’s illegal possession.
2. The attorney drew up a statement of claim, where he indicated the maximum number of claims that it was advisable to declare, namely, the recovery of 1 million Russian rubles forfeit and the recovery of the circus worth 2.1 million Russian rubles.
3. The attorney represented the interests of the client in the litigation by proxy without the participation of the client.
At the court session, a settlement agreement was concluded between the attorney’s representative and the defendant, according to which the defendant undertakes to pay the client a penalty in the amount of 200,000 Russian rubles. The client waived all the stated claims in exchange for payment.
Currently, the money has been transferred to the client in full in Russia. In addition, the republican budget returned to the client 50% of the state duty paid in the amount of 26,000 Russian rubles (in connection with the approval of the settlement agreement by the court).
An amicable agreement was concluded on favorable terms.
The court's decision