A sample Petition for the application of the general limitation period
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To the Medeu District Court of Almaty
Judge Akhmetova L.T.
Republic of Kazakhstan, Almaty,
34 Nusupbekov St., 050016.
from the Defendant: gr. ………,
IIN: ................
Almaty region, Talgar district, village ……………
+7 707 …………….
The petition
on the application of the general limitation period in a civil case
Q, there is a civil case pending in your proceedings №............... according to the claim of the LLP "Special Financial Company "Finance" to Kartbaev Zhanbolat Tolymbek uly for debt collection, they disagree with this Claim on the following grounds: It follows from the documents submitted by the plaintiff that in accordance with the Bank Loan Agreement №............... from 03.01.20..... of the year Alliance Bank JSC provided gr. ..............., a loan in the amount of 355,000 tenge on terms of urgency, payment, repayment and security, for a period of 36 months with payment by the defendant of remuneration in the amount of 19% per annum for the use of the loan. On 29.07.2011, the Bank ceded the rights of claim under the Bank Loan Agreement to Spektr-Collect LLP on the basis of the Factoring Agreement. Subsequently, Spektr-Collect LLP was renamed SPECTRUM Finance LLP. In turn, on 24.10.20, SPECTRUM Finance LLP entered into a securitization assignment agreement with Finance Special Financial Company LLP, under which it assigned to the plaintiff the rights of claim previously acquired from the Bank under the factoring agreement under bank loan agreements, Dear Court, according to the materials provided by the Plaintiff and the Certificate we received from the First Credit Bureau as indicated, in accordance with the factoring agreement, the rights of claim under this bank loan agreement were assigned to Spektr-Collect LLP, which was later renamed into SPECTRUM Finance LLP, based on an additional agreement dated 09.26.20.... of the year. On 24.10.20..., SPECTRUM Finance LLP, under the securitization assignment agreement, ceded the right of claim under the agreement to Finance Special Financial Company LLP (hereinafter referred to as the Plaintiff).
The plaintiff emphasizes that the Defendant violated his obligations, did not repay the loan, as a result, a debt was formed, which as of 11/29/2016 amounted to 426 442.70 tenge, of which the principal debt was 253 595 tenge, remuneration — 69 169 tenge, CFS — 1,775 tenge, 30% of the accrued penalty is 101,903.7 tenge. According to the receipts and bank account statements, the last payment on the part of the defendant was made on August 31, 20... in the amount of 30,000 tenge, after which no payments were made. Taking into account the date of assignment of the claim dated 24.10.20.. and the date of filing the Claim in court, more than 3 years have passed and we consider that the Plaintiff missed the general limitation period. The limitation period is the period of time during which a claim may be satisfied that has arisen from violations of a person's right or a legally protected interest, and the limitation periods and the procedure for calculating them are provided for by law and cannot be changed by agreement of the parties in accordance with art. 177 of the Civil Code of the Republic of Kazakhstan.
Provided for in Article 178 of the Civil Code of the Republic of Kazakhstan, paragraph 1. The specified General limitation period is set at three years. 179. The claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the limitation period, and the limitation period is applied by the court only upon the application of the party to the dispute made before the court's decision. The expiration of the limitation period before the filing of a claim is the basis for the court's decision to dismiss the claim. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law.
Sample Petition for the application of the general limitation period
Based on the above, we believe that we have correctly calculated the general limitation period and the Court's decision should be made in accordance with the principles of good faith, reasonableness and fairness, therefore, it is necessary to take into account all the above circumstances. Based on the above, I ask the Court to take into account the difficult financial situation of the defendant and the unreasonable inaction of Special Financial Company Finance LLP for a long time, and what led to the expiration of the limitation period, and to make a decision in accordance with the principles of good faith, reasonableness and fairness.
I ASK THE COURT:
Apply, generally, the statute of limitations and in satisfying the Claim of the LLP "Special Financial Company "Finance" to ................ about debt collection - refuse.
With respect,
________________/ Sarzhanov G.T.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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