Successful Representation of a Creditor in a Complicated Dispute

Successful Representation of a Creditor in a Complicated Dispute with a Debtor and Her Ex-Spouse.

Roberts Rimša, a member of Ellex Litigation team in Latvia, has successfully represented a professional debt collection company in three interrelated civil cases against two individuals (ex-spouses) who over the years used different legal tools aiming at evasion of enforcement of a court judgment on debt collection from one of them (the debtor) in the amount of over 2 MEUR.

The main case (where the Ellex’ client was a claimant) was about recovery of indivisible shares of ten immovable properties alienated to the ex-spouse of the debtor as a result of divorce proceedings in the court.

After initiation of the main case two parallel related civil cases had emerged: one of them was initiated by the ex-spouses (Ellex’ client was a defendant in this case), whereas the other – by a person having ownership dispute with the ex-spouses (Ellex’ client is a third party in this case).

Although the parallel cases threatened to create several legal obstacles to the progress of the main case, the main case was finally resolved in favour of Ellex’ client in April 2023 (the Senate has refused to initiate cassation proceedings), while the parallel case where Ellex’ client was the defendant was closed in June 2023 (by way of termination of the legal proceedings). The other parallel case (where Ellex’ client is a third party) is still ongoing (so far also successfully for Ellex’ client).