Application to the court for the involvement of a specialist in a controversial assessment
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To the Bostandyk District Court of Almaty
Republic of Kazakhstan, Almaty, 050043, ___________________.
The applicant: ___________________
IIN ___________________.
Address: Almaty, ___________________.
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
Defendant: Private bailiff
Executive district of Almaty city
___________________
IIN ___________________,
Republic of Kazakhstan, Almaty, ___________________.
tel.: +7 ___________________.
A third party who does not declare independent
Requirements: JSC "___________________"
BIN ___________________
Republic of Kazakhstan, 050059, Almaty,
___________________.
Application to the court for the involvement of a specialist in a controversial assessment
Q, is there a civil complaint case in your case ___________________, ( hereinafter referred to as the Applicant) for the actions of a private bailiff ___________________, ( Next Defendant) where the applicant justifies his arguments that, in connection with the improper execution of the decision of the Bostandyk District Court of Almaty, the Bostandyk District Court of Almaty issued a writ of execution for №___________________ about collecting from ___________________ in favor of JSC "___________________" the amount of debt in the amount of 14,906,301 tenge, the cost of paying the state fee in the amount of 447,189 tenge, on the basis of which the Private Bailiff of the Regional Chamber of Private Bailiffs of Almaty, ___________________, enforcement proceedings have been initiated №___________________ dated "__" July 20__. _ On _ August 20__, an application was sent to the Private Bailiff for postponement of the execution of the court decision, which also indicated the intention to provide a report on the valuation of collateral from a licensed valuation company to a private bailiff, however, the private bailiff, without paying attention to this paragraph of the Application, __ August 20__ He issued a resolution on the participation of a specialist to assess the seized property. After us __.09.20__, a corresponding Application was sent to the CSI to cancel the Resolution on the participation of a specialist in the assessment of seized property dated __ August 20__ and to issue a new Resolution on the participation of a specialist in the assessment of seized property, where to entrust the assessment of the seized collateral to the Debtor.
Application to the court for the involvement of a specialist in a controversial assessment
___________________ years old to us from HSI ___________________, We received a letter where we were instructed and will explain by ___ September 20__ to provide a report on the valuation of collateral from any independent valuation company. If the property assessment report is not provided within the specified period, the assessment will be carried out on the basis of the bailiff's decision independently, with the involvement of an appraisal company. according to article 68. The law on enforcement proceedings and the status of bailiffs stipulates that payment for the assessment of the debtor's seized property is assigned to the parties to the enforcement proceedings and is subsequently reimbursed at the expense of the debtor.
The specified article also states that the Bailiff, within ten working days from the moment of arrest and identification of the debtor's property, issues a resolution on the appointment of an appraiser by: independently appointing an appraiser; appointing an appraiser at the suggestion of one of the parties to the enforcement proceedings; instructing one of the parties to the enforcement proceedings to assess the debtor's property and a copy of the court decision The notification of the appointment of an appraiser shall be sent to the parties to the enforcement proceedings no later than the day following the day of its issuance.
Based on the letter of the CSI, we conducted an assessment that was assigned to the Appraisal Company LLP "___________________", which one ___________________ I conducted a survey for a year the object of assessment and submitted a Report for №___________________ from ___________________ where the estimated value of the collateral amounted to 102,844,583 tenge, which ___________________ the year was sent in the original to the address of the CHSI. ___________________ JSC 's year "___________________" appealed to the Bastandyksky district Court of Almaty civil case ___________________ from ___________________ of the year with a Complaint about the actions of the CSI related to the assessment of the property on the adoption of the assessment report for No.___________________ from ___________________ of the year from the Evaluation companies of LLP "___________________".
This civil case was considered under the presiding judge. ___________________, during the consideration of this civil case, JSC "___________________", provided a report on assessment from Appraisal companies of LLP "Property Assessment" which is at the request of JSC "___________________"___________________ She conducted a survey of the evaluation facility for a year and presented Report for №___________________ from ___________________ the year where the estimated value of the collateral amounted to 30,892,000 tenge. During the trial, the bailiff explained that, in fact, he had the above-mentioned estimates from appraisal companies, but he did not accept the above assessment.
In this regard, the court Determined The Complaint Of JSC "___________________" to leave the actions of the CC without consideration. __ November 20__ by us from a Private bailiff ___________________, A letter was received saying: "In addition to the ex assessment report.№ ___________________ from ___________________ I am informing you that the representative of JSC "___________________" an assessment report has been submitted to the private bailiff №___________________ from ___________________ years since the market worth 30,892,000 tenge. Previously, you were given the opportunity to provide an assessment from any independent assessment company by __ September 20__ and on __ September 20__ you were provided with an assessment report in the amount of 102,844,583 tenge. The market value of the property should be understood as the most probable price at which the property can be disposed of in a competitive environment."
In this regard, please read the assessment №___________________ from ___________________ In case of disagreement , you have the right to challenge it within a day . days from the date of familiarization (receipt) in accordance with the procedure established by the civil procedure legislation. We also received a refusal from the bailiff to accept our assessment, where the market value of the collateral amounted to 102,844,583 tenge. On the part of the Recoverer, an Application is currently being prepared to the court for foreclosure of mortgaged real estate for sale, which will indicate the estimated value of the mortgaged real estate provided by the Recoverer. We do not agree with the assessment of the Appraisal Companies of Property Valuation LLP, as the market value of collateral real estate indicated in the Property Valuation LLP report is estimated incorrectly and unreliably, as well as unfairly underestimated, since each property located in this area is individual and requires a detailed approach, and not as according to report no.___________________ from ___________________ of the year.
Thus, having studied the provided copy of the collateral assessment report, we came to the following conclusion. According to Clause 13, Article 2 of the Law of the Republic of Kazakhstan "On Valuation Activities", the market value is the most likely price at which a given object can be disposed of on the basis of a transaction in a competitive environment. In this case, the actual market price can be determined only if one of the parties to the transaction is not obligated to alienate the valuation object, and the other party is not obligated to acquire, and when there was no coercion to make a transaction with respect to the parties to the transaction from anyone. It has been established that when an appraiser determines the market value of a property, only the comparative method and cost methods are used, and the revenue method is not used. The report consists of information provided to us indicating in the final part of the report the total value of the property in the amount according to the report №___________________ from ___________________ debtor's collateral property of the year it amounted to 30,892,000 tenge.
Application to the court for the involvement of a specialist in a controversial assessment
According to paragraph 21, paragraph 2, of the Valuation Standard "Valuation of Real Estate", approved by the Decree of the Government of the Republic of Kazakhstan dated February __, 20__, No. ____, the comparative approach provides for the following sequence of valuation procedures: 1) collecting and analyzing information on the sale or offer of similar real estate and determining the objects of comparison; 2) choosing a method for calculating the value of the object of assessment, taking into account the volume and reliability of the available information; 3) comparison of the object of evaluation with the objects of comparison with subsequent adjustment of the sale price or the offer price of the objects of comparison; 4) determination of the value of the object of evaluation by taking into account the amount of corrective adjustments to the value of the objects of comparison; 5) coordination of the calculation results. At the same time, in the analyzed report, as part of the cost calculation using the comparative approach, there is no justification for the applied adjustments (amendments) with the objects of comparison.
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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