Cancellation of the Notary's executive inscription | Notariustyn atkarushylyk zhazbasyn kushin zhoyu | Objection to the executive inscription

On February 17, 2020, we received executive order No. 130 from a private bailiff via e-mail, which was issued by a Notary on January 20, 2020. When studying the executive inscription, we found out that you had established the amount owed by gr. Sh.M.A. to gr. S.H. IIN ...., in the amount of 3,773,000 (three million seven hundred and seventy-three thousand) tenge, and the costs incurred by the recoverer for the execution of the executive inscription in the amount of 8,872 (eight thousand eight hundred and seventy-two) tenge, of which the state fee in the amount of 1,326 tenge, for legal and technical services 7,546 tenge, the total amount to be recovered in the amount of 3 781 872 (three million seven hundred eighty one thousand eight hundred seventy two) tenge.

Cancellation of the Notary's executive inscription | Notariustyn atkarushylyk zhazbasyn kushin zhoyu | Objection to the executive inscription

We do not agree with the executive order, for the following reasons:

In accordance with paragraph 2 of art.92-1 of the Law of the Republic of Kazakhstan "On Notaries" (hereinafter referred to as the Law), on the basis of an executive inscription or a corresponding resolution, debt is collected for the following indisputable requirements for the performance of an obligation based on a written transaction, the due date of which has come and the default is recognized by the debtor, including in the response to the claim, sent to the recoverer in the order of pre-trial settlement of the dispute.

In our case, the requirement of S.H. IIN . it is not indisputable, since we do not agree with the established amount of debt. Also, gr. Sh. M.A., the Pre-trial claim was not received, and she did not recognize the non-fulfillment of the obligation since payments were made.

You have not established or clarified the amount of debt from the loan received. Also, the payments made by gr. Sh.M.A. to repay the loan were not taken into account, where gr.Sh.M.A. herself and her daughter Sh.Zh. made payments to repay the amount owed in the amount of:

17,000 tenge on 08/31/2019;

183,000 tenge in 15.09.2019;

11,000 tenge 17.09.2019;

25,000 tenge on 25.11.2019.

this is confirmed by our copies of the receipt and other supporting documents attached to this objection. In total, 236,000 tenge was transferred to repay the debt.

According to paragraph 3 of art.92-1 of the Law, penalties (penalties) and interest, if any, are not collected on the basis of an executive inscription.

In accordance with clauses 2 of Articles 92-6 of the Law, the debtor has the right, within ten working days from the date of receipt of a copy of the executive inscription or the relevant resolution, to send objections to the stated claim in writing with notification to the notary who executed the executive inscription or issued the relevant resolution. According to paragraph 3 of Articles 92-6 of the Law, the debtor's objection must contain the reasons for disagreement with the stated claim. In accordance with paragraph 1 of Articles 92-8 of the Law, the notary issues a resolution on the cancellation of the executive inscription no later than three working days from the date of receipt of the objection. Copies of the resolution on the cancellation of the executive inscription are sent to the recoverer and the debtor no later than the next business day after its issuance.

Cancellation of the Notary's executive inscription | Notariustyn atkarushylyk zhazbasyn kushin zhoyu | Objection to the executive inscription On the basis of the above and in accordance with paragraph 1 of art.92-8 of the Law of the Republic of Kazakhstan "On Notaries", the Notary was asked to cancel the notary's executive inscription No. 130 dated January 20, 2020, on the recovery of the amount owed from the CMA to the CX in the amount of 3 781,872 (three million seven hundred eighty one thousand eight hundred seventy two) tenge. Subsequently, the Notary cancelled her Executive Order.

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