Application to a Private bailiff for postponement of execution of a court decision

 

 

Attention!

      The Law and Law Law Firm 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 a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.

 

To the private bailiff of the executive district of Almaty, Sarybekov Dzhanibek Tursynbekovich

050000, Republic of Kazakhstan, Almaty, Karasai Batyr str., 152/1 , Block C,5th floor

Phone: +77073313887.

dzhanibek2014@gmail.com

 

                                   from the Debtor: 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

+ 7 727 971 78 58; +7 700 978 50 85.

                                                           

Statement

on the postponement of the execution of the court decision

 

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 10 561 745 tenge.

           By the decision of the Board for Civil Cases of the Almaty City Court dated November 23, 2022, the claims were satisfied for recovery from E.Zh. (Hereinafter referred to as the Debtor) in favor of R.A. (Hereinafter referred to as the Recoverer) the amount of debt in the amount of KZT 12,798,393 and state duty in the amount of KZT 10,561,745.

Your claim to pay the full balance of the outstanding amount in accordance with the court's decision is currently not possible.

We would like to inform you that the Debtor has filed a cassation motion in this case. The debtor intends to fulfill its obligations after making a final decision on the case.  

We ask you, in these difficult times for the Debtor, to grant a postponement for the execution of the court decision and resolve the situation peacefully.

           According to the Law of the Republic of Kazakhstan On Enforcement Proceedings and the Status of Bailiffs, article 40 provides for postponement, installment plan, change of the method and procedure of execution, indexation of the amounts awarded, If there are circumstances that make the execution of enforcement actions difficult or impossible, the recoverer or debtor or bailiff has the right to bring before the court that reviewed the case or before the court at the place of the issue of changing the method and order of execution. The issue of postponement or installment of execution, as well as the indexation of the amounts awarded, is decided by the court at the request of the parties to the enforcement proceedings.

           Also provided for in Article 238 of the Civil Procedure Code of the Republic of Kazakhstan. Postponement and installment of execution of a decision, changing the method and procedure of its execution before the decision is applied for execution, the court that reviewed the case and rendered the decision has the right, at the request of the persons participating in the case, based on the property status of the parties or other valid reasons, to postpone or installment the execution of the decision, and also, change the method and order of its execution. The court shall consider and resolve the application, petition for postponement, installment plan or change of the method and procedure of execution of the court decision within ten working days from the date of receipt of the application to the court.

           Taking into account the above circumstances, we hope for your understanding and take into account that we are taking measures to repay the debt owed to you and grant a delay in fulfilling obligations under the court decision or give any preferential opportunities to comply with the court decision, as well as resolve the situation peacefully.

Based on the above,

ask you:

Grant a 1-year delay in the execution of a court decision to the Recoverer;

Resolve the current situation peacefully and suspend the execution of a Private Bailiff during the postponement;

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. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases