Application form for the settlement agreement to the plaintiff

Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.

to: (plaintiff) __________________

IIN/BIN: _________________

address: _____________________

bodys.:

from: (respondent) _________________

IIN: __________________

address: ______________________

bodys.:

Representative by proxy:

Sarzhanov Galymzhan Turlybekovich

IIN: 850722301036.

Almaty, Medeu district,050002,

50 Zhibekzholy Ave., office 202, Business center Block.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 (708) 578 57 58.

Statement

December 28, 20__ between LLP "_________" and ______________, A contract was concluded for №______________, where ______________ A microcredit in the amount of 1,000,000 tenge was provided, at 40% per annum with a set repayment schedule for the principal and remuneration. To ensure the fulfillment of obligations ______________, A guarantee agreement was concluded for №______________ dated December 28, 20__, according to which the guarantors bearing joint responsibility were gr. _______________ and _______________. After receiving the loan, due to financial difficulties, the Borrowers did not fulfill their Contractual obligations properly, resulting in an incredible debt to the LLP. "_________", which could not literally be fulfilled, namely, as of 24.09.2014, the total amount owed under the contract was 61,000 437 (sixty-one million four hundred and thirty-seven) tenge. Due to financial difficulties, the Borrower made repeated written and oral appeals to the LLP "_________", regarding the provision of any preferential conditions for the fulfillment of obligations under the Bank Loan Agreement, in the hope of resolving the current situation in a pre-trial peaceful manner. However, referring to the violation of the obligations assumed by the Borrower to repay the loan properly, LLP "_________"  he filed a statement of claim with the court, and on August 18, 201_, the Talgar District Court of the Almaty region, under the chairmanship of a judge _______________, with the participation of the plaintiff's representative _______________, the defendant _______________, having considered in open court the civil case on the claim of the LLP "_______________" to _______________, _______________, _______________ on the recovery of the amount owed, the Court decided: To satisfy the Plaintiff's statement of claim to the Defendants for the recovery of the amount owed. Collect from the defendants _______________, _______________, _______________ jointly and severally in favor of ___ LLP____________" the amount of debt in the amount of 2,555,282 tenge, and the incurred costs of paying the state duty in the amount of 76,659 tenge. Also LLP "_______________" Additionally, she filed a lawsuit to invalidate the donation agreement with the Karasai District Court. On June 15, 201_, the Karasai District Court of the Almaty region, composed of the presiding judge ______________, with the participation of the plaintiff's representative ______________, the defendant _______________, a third party ______________, having considered in open court the civil case on the claim of the LLP "_________" to _______________, to a third person, a private bailiff of the executive district of the Almaty region ______________ on the recognition of the transaction as invalid, DECIDED: the claim of the LLP "_________" to _______________, to a third person, a private bailiff of the executive district of the Almaty region ______________, To satisfy the Department of Justice of the Karasai district of the Department of Justice, Almaty region, Ministry of Justice of the Republic of Kazakhstan on the recognition of the donation agreement as invalid.  To recognize the donation agreement No. ___ dated March 24, 201_, of a residential building with a land plot located at the address: Almaty region, Karasai district, ____________________, the prisoner between _______________, 13.03.19__ year of birth and _______________, 30.01.19__ notarized year of birth _______________, invalid. To recognize the registration in the Department of Justice of the Karasai district of the Department of Justice, Almaty region, of the donation agreement No. ___ dated March 24, 201_, of a residential building located at the address: Almaty region, Karasai district, ____________________, invalid. Collect from ____________________ in favor of the LLP "_________" the amount of the paid state duty in the amount of 1,203 tenge. Thanks to the support and foresight of our Nation's Leader. Nursultan Nazarbayev, the guarantor of statehood and defender of all citizens of the Republic of Kazakhstan, instructed in his annual message to the people of Kazakhstan to help citizens in need with problem loans in order to continue fulfilling their debt obligations. In order to implement the instructions of the Head of State, the Government and the National Bank of the Republic of Kazakhstan are developing a document to improve the financial situation of problem borrowers in order to continue fulfilling their debt obligations.

Application form for the settlement agreement to the plaintiff

The current difficult times have not spared the Borrower's family. They entailed a number of undesirable and unpleasant consequences for the Borrower and for their family, both financially and morally. Moreover, it had a detrimental effect on the health and well-being of the family. Due to the severe psychological and emotional stress due to the inability to pay off debt obligations, they developed various types of diseases, which caused an extremely desperate state to pay off their Loan obligations. Due to financial difficulties, Borrowers have repeatedly applied in writing and verbally to the Bank to provide any preferential conditions for fulfilling obligations under the Bank Loan Agreement in the hope of resolving the current situation in a peaceful manner. Due to the global crisis, able-bodied family members lost their jobs, were cut from their jobs, and at that time there were no other financial sources.

The hard times are over now!!! To date, the Borrower has gone through difficult times, as he works in the service sector. Due to the crisis, citizens' purchasing power has fallen, they are suffering losses, but despite the crisis, the Borrower is taking all measures to improve their financial situation. Due to the above circumstances, the Borrower was previously unable to pay according to the repayment schedule in accordance with contractual obligations. The financial situation of the Borrower is being restored as time passes. It is possible to continue fulfilling obligations under preferential terms. We would like to inform you that the Borrower intends to continue fulfilling its obligations, namely to pay 50,000 tenge or more per month, and also plans to close the loan within a year. To improve the financial situation, he undertakes, in his own interests, to completely close the Loan, or to increase the monthly payment. The above amount is the maximum at the moment, and therefore we ask you, in these difficult times for the Borrower's family and the entire people of Kazakhstan, to provide any preferential conditions for fulfilling contractual obligations, and resolve the situation peacefully.

Application form for the settlement agreement to the plaintiff

However, the bank's requirement to repay the loan in full is currently not possible, as this amount will financially lead the family to a more serious condition. Based on the above,

I ask you to:

Withdraw the claim from the court, as the Borrower does not refuse to fulfill debt obligations;

To provide an opportunity to continue fulfilling debt obligations with payments of 50,000 tenge or more per month;

Resolve this issue peacefully;

Provide an opportunity to make copies of loan agreements and correspondence;

To respond to the Application within the time limits prescribed by law

I hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.

With respect,

Representative by proxy:

_________________/ 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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