Installment plan or postponement of execution of a judicial act
If there are circumstances that make the execution of enforcement actions difficult for the debtor's valid reasons or impossible to recover the amount owed, the debtor has the right to apply to the court that reviewed the case or to the court at the place of execution with a request to change the method and procedure of execution. Article 238 of the Civil Procedure Code of the Republic of Kazakhstan, as well as article 40 of the Law on Enforcement Proceedings and the Status of Bailiffs, stipulates the rights of debtors to delay and installment the execution of a court decision. Postponement of the execution of a court decision means the fulfillment of obligations under a judicial act and/or enforcement proceedings by a Private bailiff. (Hereinafter referred to as the CSI), at a certain time agreed upon by the parties to the enforcement proceedings in a one-time payment, that is, before the agreed date, the recoverer and the CSI will not do anything to forcibly recover the amount owed. An installment plan for the execution of a court decision means the fulfillment of obligations to enforce a Writ of Execution, an arbitration award, or a court decision in monthly installments until full execution. The terms of execution in installments are negotiated by the parties to the enforcement proceedings upon the debtor's appeal to the recoverer and the CSI. In the event of an impossible settlement of the postponement or installment of the execution of the judicial act with the recoverer, as part of the enforcement proceedings, the debtor has the right to apply to the same court and to the same judge for postponement / installment of the execution of the judicial act with a request for a certain time to postpone or installment the debt with weekly, monthly payments under the obligation until a certain time. Subsequently, the Court that reviewed the case and issued a 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 delay the execution of the decision, as well as to change the method and procedure for 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. It is necessary to pay attention to the fact that the debtor's application is being considered at a court hearing. The persons participating in the case are notified of the time and place of the meeting. The failure of these persons to appear is not an obstacle to resolving the issue brought before the court. In case of disagreement with the court's ruling on the issue of postponement or installment of execution of the decision, on changing the method and procedure for its execution, a private complaint may be filed with the court of appeal.
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