Application to the Chamber of Private Bailiffs for disagreement with the bailiff's decision
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To the Regional Chamber of Private Bailiffs of Almaty.
city of Almaty, ________________________________ phone: 8 727 296 40 42, 296 40 43, 296 40 44.
From: ________________________________ IIN: №________________________________.
Representative for
Power of attorney: Sarzhanovgalymzhanturlybekovich IIN: 850722301036.
50 Zhibekzholy ave., office 202, Medeu district, 050002, Almaty,
Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Statement
on disagreement with the decision of the bailiff on the recovery of expenses for the performance of enforcement actions
In accordance with the loan agreement №________________________________ dated __.03.20__, concluded between JSC "________________________________" ( hereinafter referred to as the Bank) and ________________________________ (hereinafter referred to as the Borrower), the latter was granted a loan in the amount of 41,150,000 tenge,
Application to the Chamber of Private Bailiffs for disagreement with the bailiff's decision
for a period of 300 months, at 10% per annum. Under the terms of the agreement, the Borrower has assumed the obligation to repay the loan in the same amount and on time, with payment of remuneration in accordance with the terms of the agreement. The terms of repayment of the loan and the accrual of remuneration for it were fixed in the payment schedule, which is an annex to the agreement.In order to ensure the fulfillment of obligations under the loan agreement, the following mortgage agreements were concluded, as well as guarantee agreements No. 1, 2 dated __.03.20__ were concluded to ensure the fulfillment of obligations under the agreement. with ________________________________,________________________________In connection with partial violations of Contractual obligations, the bank appealed to the court and the Decision of the district court no. ____ Almaly district Almaty dated __ February 20__, in a civil case №____________ according to the claim of the Joint-Stock Company "________________________________" to ________________________________, ________________________________, ________________________________ The Court decided on debt collection: Claims of JSC ________________________________" to ________________________________, ________________________________, ________________________________ satisfy. Collect in solidarity with ________________________________, ________________________________, ________________________________ in favor of the Joint-Stock Company "________________________________" debt in the amount of 40,625,719.69 tenge. Collect on a shared basis from ________________________________, ________________________________, ________________________________ in favor of the Joint-Stock Company "________________________________" expenses for the paid state duty in the amount of 1,218,772 tenge, in equal parts.After that, the Private bailiff of the executive district of Almaty ________________________________, operating under license no. ____ dated __.01.20__, located at Almaty, ________________________________, based on the executive document for № _______________________________ c_ dated __.01.20__, issued by the district court no.___ of Almaly district of Almaty on recovery from ________________________________, ________________________________, ________________________________ jointly and severally in favor of JSC "________________________________" the amount of debt 41,844,491 tenge initiated Enforcement proceedings for № ________________________________ from __.02.20__ year.In the course of the enforcement actions, all available movable and immovable property of the debtors was seized, as well as funds held in second-tier banks.__.02.20__ In accordance with clause 2, clause 1, Article 47 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs", enforcement proceedings were terminated due to the approval by the court of an agreement on the settlement of a dispute (conflict) through mediation by the parties to the enforcement proceedings during the execution of a court decision.As a result, the CSI, by its Resolution approving the amounts of payment for the performed executive actions dated __.02.20__, approved the amount of payment for the bailiff's activities, which amounted to 2,092,225 tenge. The said Resolution was received by the Debtors by mail on __.02.20__ of the year.
With the resolution dated __.02.20__ of the Private bailiff of the executive District of Almaty, __.02.20__, on the approval of the amounts of payment for the performed executive actions – disagree on the following circumstances:In cases of termination of enforcement proceedings, the bailiff issues a decision on this within 24 hours. The enforcement document or its copy with the appropriate mark is sent by the bailiff to the court or other authority that issued the document.Simultaneously with the termination of the enforcement proceedings, the enforcement measures are subject to cancellation. According to enforcement documents terminated on the basis of this article, after the execution of which the enforcement sanction, execution costs, penalties and the amount of payment for the activities of a private bailiff are subject to recovery, enforcement measures are subject to cancellation only after their recovery.According to the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs", Article 120. "The procedure for collecting amounts of payment for the activities of a private bailiff from a debtor" provides:
If during the execution no payment has been made for the activities of a private bailiff, the costs of execution have not been reimbursed, and advance payments made by the recoverer, the private bailiff shall issue and send to the debtor the resolutions specified in subitems 9) and 10) of paragraph 1 of Article 9 of this Law.
The execution of an enforcement document does not exempt the debtor from paying the actual costs incurred for the execution and payment for the activities of a private bailiff, if it is executed after its presentation for enforcement.
The debtor's execution of an enforcement document, bypassing a private bailiff, does not exempt him from paying the actual costs incurred for the execution and payment for the activities of a private bailiff.
Article 113. "Expenses for the performance of executive actions" is provided for:
The costs of performing enforcement actions are the budgetary funds spent on their organization and conduct, the funds of the parties to the enforcement proceedings, other persons and organizations involved by the bailiff in the course of execution.
The costs of performing executive actions include the funds spent on:
1) identification, inspection, assessment of the debtor's property; 2) organization and conduct of an inventory and seizure of the debtor's property, transportation and storage of such property; 3) organization of the sale of seized property; 4) payment for translators, specialists and other persons involved in the prescribed manner to perform enforcement actions;5) transfer (forwarding) to by mail to the recoverer of the collected amounts; 6) bank expenses, related to the issuance of recovered amounts from the cash control account and the current account; 7) search for the debtor;8) the advance payment of the recoverer; 9) travel of the bailiff when performing enforcement actions on all types of public transport - urban, suburban and local communications (except taxis), including payment of travel expenses of bailiffs;10) other necessary actions in the course of execution of the enforcement document; 11) other remuneration to persons involved by the bailiff in the course of execution.Article 114. "The procedure for reimbursement of expenses for performing executive actions" is stipulated:The costs of performing enforcement actions are collected from the debtor in favor of the persons or organizations that incurred these costs. Upon termination of enforcement proceedings due to the cancellation of the act on the basis of which the enforcement document was issued, the costs of the commission
executive actions are reimbursed at the expense of the republican budget.The collection of expenses for the performance of executive actions and their reimbursement to the body or person who incurred the costs are carried out on the basis of a resolution of the state bailiff approved by the head of the territorial department. - a senior bailiff, or a private bailiff's order and documents confirming the costs incurred.The debtor has the right to apply to the court with a statement challenging the decision of the bailiff to recover the costs of performing enforcement actions with a claim for postponement or installment of their recovery, for reducing their amount or exemption from collection. Which is specified in detail in the Methodology for calculating the costs of enforcement proceedings.Article 118. "Rules for determining the amount of payment for the activities of a private bailiff" provides:
Payment for the activities of a private bailiff is made at the expense of funds recovered from the debtor, and is set at three to twenty-five percent, depending on the category of cases and the amount of the penalty, with limits of no more than ten thousand monthly calculation indices. According to non-property enforcement documents, the payment for the activities of a private bailiff is set in monthly calculation indices.
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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