An application for the removal of all encumbrances on property imposed as part of enforcement proceedings
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State Institution "Department of Justice of Almaty city of the Ministry of Justice of the Republic of Kazakhstan"
Branch for the execution of judicial acts of the republican state institution
"Bostandyk territorial Department of the Department of Justice of the city of Almaty of the Ministry of Justice of the Republic of Kazakhstan
To the State bailiff
Iztileu Ainur Iztileukyzy
from: E.J.
IIN ..................
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty,
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 50 85;+ 7 (700) 978 50 85.
Statement
In your proceedings, there is an enforcement document issued by the Bostandyk District Court of Almaty, on the basis of which enforcement proceedings were initiated No.195/22-75-6635 dated 12/28/2022 on recovery from E.Zh. in favor of R.A. debt in the amount of 10561745 tenge.
In accordance with the specified enforcement proceedings, you are carrying out enforcement actions and have imposed encumbrances on real estate located at: - 702 Zh. street, Koktogan village, Karasai district, Almaty region;
- Almaty, md.M. house ... 42 sq.m.;
- Almaty, ul.R... house ... sq.86.
-Infiniti brand vehicle with GRNZ ....... Year 02, 2019.
According to the report on the valuation of real estate No. A-2022-190/3 dated 12/14/2022 owned by E.....W... located at 237 sq.m. 237 sq.86, Almaty, it amounts to 93,229,655 tenge, which exceeds the amount of debt by the decision of the court of appeal several times. In this regard, there is no need to encumber the rest of E. Zh.'s property.
In the reasoning part of the ruling, the judge of the Bostandyk district of Almaty, T.R.A., indicated that the Defendant, E.Zh., was not deprived of the right to appeal to the bailiff who executed the court ruling with a request to release this or that property from arrest (exclusion from the inventory) if she believes that the value of this or that property is sufficient to ensure the execution of the judicial act or exceeds the claim.
According to Article 3 of the Law on Enforcement Proceedings and the Status of Bailiffs of April 2, 2010, enforcement proceedings are conducted on the principles of: legality; timeliness and transparency of enforcement actions and the application of enforcement measures; respect for human honor and dignity; inviolability of the minimum property necessary for the existence of the debtor and his family members; correlation of the volume of claims of the claimant and enforcement measures.
By virtue of Article 55 of the Law on Enforcement Proceedings and the Status of Bailiffs of April 2, 2010, the debtor's property is subject to foreclosure in the amount and volume necessary for the execution of the enforcement document, taking into account the costs of execution and the costs of paying for the activities of a private bailiff.
According to Article 62 of the Law on Enforcement Proceedings and the Status of Bailiffs, in order to ensure the execution of the enforcement document, the bailiff is obliged to seize the debtor's property, including in cases provided for by law, with the approval of the prosecutor. In this case, the bailiff, in order to ensure the execution of the enforcement document, has the right to simultaneously seize all property belonging to the debtor, commensurate with the amount to be recovered.
Based on the above, Articles 55, 62 of the Law on Enforcement Proceedings and the Status of Bailiffs,
I ask you to:
To remove all encumbrances from property imposed in the framework of enforcement proceedings, with the exception of immovable property located in Almaty, R... house ... 86 sq. owned by gr. E..Zh.;
To respond to the application within the prescribed time limits.
I hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.
With respect,
Representative by proxy:
_____________ /Nurlanov N.N.
"___"_____________2023 the year.
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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