Application for cancellation of the court's decision on simplified proceedings
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To the Alatau District Court of Almaty
from the defendant A/S. N. IIN ........ Almaty, A.... str., 7 cell phone 8701.....
application for annulment of the court decision
in the civil case No.7575-22-00-2/1762
By a court decision dated 07/08/2022, O.S.K.'s claims against A.S.N. for debt collection were satisfied in a simplified procedure. I consider this decision to be revoked on the following grounds. According to Articles 267-3 of the Civil Procedure Code of the Republic of Kazakhstan "2. The court shall notify the parties of the consideration of the case in a simplified (written) proceeding no later than the next business day from the date of its acceptance by e-mail address or cellular subscriber number, as well as using other means of communication that ensure the recording of the notification. In the notification, the court indicates the right of the parties to settle the dispute within the framework of conciliation procedures, as well as the right to mutually disclose and present evidence in accordance with parts one and two of Article 73 of this Code.
The parties who disagree with the consideration of the case in a simplified (written) procedure have the right, within fifteen working days from the date of receipt of the notification, to submit to the court a motion to consider the dispute in accordance with the rules of claim proceedings in a general manner, and the defendant – a response (objection) to the claim with the attachment of documents and evidence."
I have not received any notification of a claim against me.
Application for cancellation of the court's decision on simplified proceedings
I do not know what debt we are talking about, therefore, I could not object to the stated claims, besides, I do not understand how the amount of the penalty can be 25% of the amount of the claims, when even for bank loans the amount of the penalty cannot exceed 10%. According to Part 2 of Article 267-4 of the Civil Procedure Code of the Republic of Kazakhstan, "The defendant has the right to file with the court that issued the decision in a simplified (written) procedure an application for cancellation of this decision within five working days from the date of receipt of a copy of the court decision. The application is filed if the defendant was not properly notified of the receipt of the claim and its consideration in a simplified (written) procedure and was unable to provide feedback, as well as evidence that may affect the content of the decision." I received the court's decision on 11/30/2022, after I submitted an application for a copy of the court's decision. The fact that the amount was recovered from me by a court decision became known to me on 11/23/2022 in the mobile application for Kaspi phones. Thus, I believe that I have every reason to file an application for the annulment of the court's decision. Based on the above, guided by Articles 267-4 of the Civil Procedure Code of the Republic of Kazakhstan, I request:
to cancel the decision of the Alatau District Court of Almaty in civil case No.7575-22-00-2/1762 on the claim of O.S.K. to A.S.N. for debt collection and penalty recovery and to resume consideration of the case on the merits.
Appendix: application for a copy of the court decision dated 11/24/2022, a photo of the phone screen.
11/30/2022 A.S.N.
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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