Counterclaim to the district court for recognition of the debt as the common debt of the spouses
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To the Ili District Court of the Almaty region
Plaintiff: J.A.A.
Chiin ////////////
Place of residence: Almaty region., ......... r-he, n..........,
mkr........., street..............
hundreds of bodies. 8.............
plaintiff's representative: lawyer Sabit Davletovich Nigmetov
IIN 820125350700
Location: Almaty,
79 Abylai Khan Ave., office 313
cell phone: 87009785755
Defendant: J.A.
IIN ..............
Place of residence: Almaty region.,
……...r-he, p...........,
mkr ........ d . .......
hundreds of bodies. 8...........
The price of the claim: 2000,000 (two million) tenge
a counterclaim to recognize the debt as a common debt of the spouses.
I was in a marital relationship with the defendant from 08/24/2012 to 08/17/2022. Our marriage was dissolved on September 27, 2022 by a court decision.
The defendant filed a lawsuit with the Ili District Court against me on the division of the spouses' common joint property, civil case No. 1968-22-00-2/3690.
However, the defendant did not indicate in her claim that during the marriage period on 02/08/2021, we received a loan of 4,000 000 tenge from my mother, S.M.K., which we subsequently spent on the purchase of a land plot located at the address: Almaty region, ............district, village ............., ul......, uch....., to the purchase and sale agreement dated 02/09/2021, the debt has not been returned to S.M.K. to date, the deadline for refunding funds is 12/31/2023 G.
S.M.K. withdrew 2000,000 tenge from her account at the Otbasy Bank Housing Construction Savings Bank, and she re-borrowed 2000,000 tenge from her brother N.K. Sabitov and asked him to transfer this amount to my Kaspi Gold account.
I am forced, in accordance with Articles 153, 154 of the Civil Procedure Code of the Republic of Kazakhstan, to file a counterclaim in order to protect my civil rights as the owner of the property. There is a mutual relationship between the counterclaim and the initial claim, and joint consideration will lead to a faster and more correct resolution of the dispute.
My arguments that we borrowed funds in the amount of KZT 4,000,000 from S.M.K. can be confirmed by S.M.K. and S.N.K. My arguments are also supported by the account statement of JSC Housing Construction Savings Bank Otbasy Bank addressed to Sabitova M.K. and statements on the Kaspi Gold account addressed to J.A.A. and S.N.K.
According to Article 38 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", the common debts of the spouses when dividing the common property of the spouses are distributed among them in proportion to the shares awarded to them.
In accordance with paragraph 16 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 28, 2000 No. 5 "On the application of legislation by courts when considering cases of divorce", when considering cases on the division of common property of spouses, the common debts of the spouses and the right to claim obligations arising in the interests of the family are also taken into account.
My arguments that we borrowed funds in the amount of 4,000 000 tenge from S.M.K. can be confirmed by S.M.K. and S.N.K. My arguments are also supported by a receipt for money, an account statement from JSC Housing Construction Savings Bank Otbasy Bank addressed to M.K. Sabitova and Kaspi Gold account statements addressed to J.A.A. and S.N.K.
Based on the above, I ask the court:
Accept a counterclaim;
To recognize as the total debt of the spouses the debt owed to S.M.K. in the amount of 4,000 000 tenge, determining the shares of each in the amount of 1/2;
To involve S.M.K. in the case as a third party, place of residence: Zhetysu region, city ........., St. ........., D........, sq......, cell phone. ...........
To interrogate S.N.K. as a witness, place of residence: G......, ave....., D......., sq......, cell phone...............
Appendix: a copy of the receipt for payment of the state fee, a copy of the claim of J.A. to J.A.A., a copy of the receipt, a copy of the account statement of JSC Housing Construction Savings Bank Otbasy Bank, a copy of the Kaspi Gold account statement in the name of S.N.K., a copy of the Kaspi Gold account statement in the name of J.A.A., a copy of the lawyer's certificate, a copy of the notice of representation, a copy of the power of attorney for N.S.D., a copy of the power of attorney for the Law and Law Law Firm, a copy of the certificate of state registration of a legal entity.
19.01.2023 G. J. A.
Representative Nigmetov S.D.Аудандық сотқа қарызды ерлі зайыптылардың ортақ борышы деп тану туралы қарсы талап
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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