Application to a Private bailiff for the initiation of enforcement proceedings
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 a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the private bailiff of Nur-Sultan, Omyshev Yerkebulan.
IIN 920718300678 Nur - Sultan, Kunaeva St. 29/1.
Omyshev.01@gmail.com 8 707 353 56 52.
from the Claimant: ..... Aipara Erlanovna IIN ............
Proxy representative: Law and Law Law Company LLP
BIN 190240029071. Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 971 78 58.
Statement
on the initiation of enforcement proceedings
There was an enforcement proceeding in your case No.1412/21-71-5132 dated 09/03/2021, initiated on the basis of writ of execution No. 7140-21-00-2/176-1, issued by the Yesilsky District Court of Nur-Sultan on the obligation and recovery of the amount. In the enforcement proceedings, you have taken measures to recover the amount from ....... Akbota Saurykovna in favor of ....... Aipara Erlanovna received monetary compensation for moral damage in the amount of 50,000 tenge, court costs for the payment of state duty in the amount of 1889 tenge, and for the payment of assistance from a representative in the amount of 50,000 tenge.
Application to a Private bailiff for the initiation of enforcement proceedings
However, measures to ensure the execution of enforcement documents regarding the obligation ....... Akbot Saurykov to refute this information by means of a written refutation on the Internet page Facebook.com in the group with the name "Black List of Kazakhstan" and delete information found by the court to be untrue, damaging honor, dignity and business reputation ........... Aipara Erlanovna, written on the Internet page Facebook.com the group with the name "Kazakhstan Blacklist" has not been executed. Thus, on September 13, 2021, by your resolution, enforcement proceedings No.1412/21-71-5132 it was discontinued. According to clauses 7, 1, and 47 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter referred to as the Law), it is stipulated that enforcement proceedings are terminated if the recovery or other requirement of the enforcement document is fulfilled in full. However, you have taken measures to oblige the debtor to refute and delete information found by the court to be untrue, contrary to honor, dignity and business reputation ........ Erlanovna's aipars have not been fulfilled. By correspondence via the WhatsApp messenger, you gave us a clear answer that the subcategory of the enforcement document does not meet the conditions for executing enforcement proceedings in terms of obligation. We filed an appeal with the Yesilsky District Court of Nur-Sultan and the Regional Chamber of Private Bailiffs of Nur-Sultan, where they clarified to us that the writ of execution complies with the norms of legislation and noticed, what is in accordance with paragraph 1, art. According to Article 38 of the Law, the bailiff, within three working days from the date of receipt of the enforcement document, issues a decision to refuse to initiate enforcement proceedings if the document is not enforcement or does not meet the requirements for enforcement documents. As of today, Writ of Execution No. 7140-21-00-2/176-1 is in your production. Based on the above and in accordance with paragraph 3, Article 37 of the Law of the Republic of Kazakhstan "On Enforcement proceedings and the status of bailiffs", I ask you:
To initiate enforcement proceedings on the basis of writ of execution No.7140-21-00-2/176-1 and to take measures to ensure the execution of the writ of execution in part of the obligation.... Akbot Saurykov to refute this information by means of a written refutation on the Internet page Facebook.com in the group with the name "Black list of Kazakhstan" and delete information found by the court to be untrue, violating honor, dignity and business reputation ........ Aipara Erlanovna, written on the Internet page Facebook.com in the group with the name "Black list of Kazakhstan" not executed.
I hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.
Sincerely, Proxy Representative ___________/Kenesbek I.M. "_____"_____________ 2021.
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
