Article 119. Advance payment of expenses of a private bailiff of the Law on Enforcement Proceedings and the Status of Bailiffs

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1. Prior to the initiation of enforcement proceedings, the recoverer, on the instructions of a private bailiff, is obliged to deposit into the current account intended for storing the recovered amounts in favor of the recoverers, the amount necessary for the implementation of enforcement actions. Upon initiation of enforcement proceedings, a private bailiff may appoint a later deadline for the claimant to deposit this amount.

If a private bailiff has initiated enforcement proceedings and a later date has been set for the advance payment of the amount necessary for the execution of enforcement actions, then if it is not paid by the appointed time, he may suspend enforcement proceedings.

If, during the enforcement proceedings, the funds deposited into the current account intended for storing the collected amounts in favor of the recoverers are insufficient to carry out further enforcement actions, the recoverer, on the instructions of a private bailiff, is obliged to deposit an additional amount into the specified current account.

2. Recoverers are exempt from making advance payments necessary for the implementation of enforcement actions.:

1) individuals submitting for execution an enforcement document issued on the basis of a court decision in a case in which a person was provided with legal assistance free of charge or was exempt from paying state duty in accordance with the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code);

2) individuals who submit for execution a writ of execution issued in accordance with a decision rendered in criminal proceedings, according to which a claim for compensation for damage caused by a criminal offense was satisfied;

2-1) state bodies for penalties in favor of the State;

3) according to executive documents issued on the basis of judicial acts on the recovery of alimony.

3. The private bailiff returns to the recoverer the amount paid in advance for the execution of enforcement actions, if it was recovered from the debtor.

4. The terms of the advance payment provided for in this article shall be regulated on the basis of an agreement (contract) concluded between a private bailiff and a recoverer in accordance with paragraph 4 of Article 37 of this Law.

The amount of the advance payment should not exceed fifteen monthly calculation indices.

The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.

President

Republic of Kazakhstan

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