Securing 12 Machines Against Bailiff Seizure
We implemented an operational asset protection plan during a court dispute with a subcontractor. The machine park remained intact.
A component manufacturer from Sulejówek faced the risk of a factory paralysis. Due to a dispute over an invoice for 312,400 PLN, a subcontractor tried to seize key production devices.
The challenge
Precyzja Tech was late with a payment for one batch of raw material. The creditor immediately took the case to court, and a bailiff announced a visit to seize 12 CNC lathes and milling machines. Without these machines, the plant would stop working overnight, risking insolvency towards 14 employees and the loss of export contracts. The situation was tense because the execution date was set for Thursday morning, and we received the notification on Tuesday after 3:00 PM.
Our approach
Our 3-person team conducted a lightning audit of ownership documentation and lease agreements. Marek Wiśniewski, our restructuring specialist, identified errors in the enforcement title and gaps in pre-execution calls. We focused on formally excluding machines from the seizure, proving their necessity for maintaining current settlement payments. For 48 hours, we held direct talks with the creditor's law firm, using the argument of losing the only source of debt repayment if production stopped.
The solution
We implemented a system of legal safeguards that formally separated operational assets from the current trade dispute. We prepared a motion to suspend execution activities along with a new repayment schedule, which the creditor accepted. The machines were covered by protection under a non-judicial restructuring agreement. Additionally, we organized a meeting with the bank financing the lease to prevent the termination of financial agreements due to a sudden worsening of liquidity ratios.
Results
The machine park remained intact, allowing for the completion of orders for a client from Germany. The debt was divided into 14 monthly installments, which the company pays without delays.
Timeline
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Tuesday, May 14, 2024Analysis of bailiff files and lease agreements at the client's office.
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Wednesday, May 15, 2024Submission of a motion to stay execution and negotiations with the creditor.
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Thursday, May 16, 2024Successful blocking of the bailiff's visit to the plant in Sulejówek.
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August 2024Finalization of the settlement and implementation of a new financial liquidity plan.
"I was afraid that in the morning I would see empty halls. VRS jumped into action on Tuesday, and by Thursday the bailiff had to let the machines go. It cost some stress, but the workshop continues to operate."