Application to the recoverer for an installment plan for the execution of the court decision

 

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 (700) 978 5755, +7 (700) 978 5085.

Forte Bank JSC BIN 050941000204, Shymkent, Zheltoksan str. 15 A.

from the Debtor: T.R. T. IIN .

Proxy Representative: Law and Law Law Firm

BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 70

 

Statement

on the installment plan for the execution of a court decision

In accordance with the loan agreement No. 70-PD23-19 dated September 24, 2019, concluded between the bank and T.R.T., the latter was granted a loan in the amount of 15,000,000 tenge, for a period of 36 months, at 18.7% per annum. Under the terms of the agreement, the defendant undertook 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. By the decision of the Al-Farabi District Court of Shymkent dated March 02, 2022, the claim was partially satisfied for the recovery in solidarity with T. R.T., T.T.K. (Hereinafter referred to as the Debtors) in favor of Forte Bank JSC (hereinafter referred to as the Recoverer) the amount of debt in the amount of KZT 12,798,393 and the state duty in in the amount of 383,952 tenge. 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 intends to fulfill its obligations in monthly payments of 500,000 tenge until full repayment.

The above amount is the maximum at the moment, and therefore we ask you, in these difficult times for Debtors, to grant a delay or an installment plan for the execution of the court's 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. It 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 the debtor or the bailiff has the right to raise the issue of changing the method and procedure of execution before the court that reviewed the case or before the court at the place 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.

Application to the recoverer for an installment plan for the execution of the court decision

           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:

Provide an installment plan for the execution of a court decision with monthly payments of 500,000 tenge until the debt to the Recoverer is fully repaid;

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

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.

Sincerely, Proxy Representative             ___________________/Sarzhanov G.T.\ "____"__________2022 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