Lawyer in Almaty for the collection of legal costs for the services of a representative
The cooperative of owners of premises (apartments) "B" (hereinafter referred to as KSP "B") filed a lawsuit against K. for debt collection for housing maintenance - KZT 6,588. By an absentee decision of the Kostanay City Court dated November 21, 2011, a debt in the amount of 3,088 tenge was recovered from K. in favor of KSP "V", as well as expenses for paying for the services of a representative in the amount of 3,000 tenge. K.'s petition states that the costs of paying for the services of a representative for property claims cannot exceed 10 percent. At the same time, she filed a motion to restore the procedural deadline for filing a petition, since she learned about the court's decision only in October 2012. In the review, KSP "V" indicated that at the meeting of the cooperative members, it was decided to hire a lawyer under the contract and pay him 3,000 tenge per case, regardless of the amount owed. The Supervisory Judicial Board of the Supreme Court of the Republic of Kazakhstan restored the procedural deadline for filing a petition, and changed the decision of the Kostanay City Court in absentia on the following grounds.
As follows from the case file, K. is the owner of an apartment on Tekstilshchikov Street in Kostanay. The specified house is being serviced by the KSP "B", to which the defendant owed expenses for housing maintenance. The court lawfully collected the debt incurred by the defendant for the maintenance of housing, guided by articles 18, 50 of the Law "On Housing Relations". The validity and amount of the debt collected are not disputed by the parties. At the same time, when collecting court costs for paying for the services of a representative, the court violated the requirements of Article 111 of the CPC.This provision of the law stipulates that the party in whose favor the decision was made, the court awards compensation to the other party for the costs incurred by it to pay for the assistance of the representative involved in the process, in the amount of the costs actually incurred by the party. For monetary claims, these expenses should not exceed ten percent of the satisfied portion of the claim. However, in violation of the aforementioned requirements of the law, the court, while satisfying the claim in the amount of 3,088 tenge, collected expenses for the assistance of a representative involved in the process in an amount significantly exceeding ten percent of the satisfied claim for monetary claims. In such circumstances, the court's decision in this part cannot be recognized as legitimate and justified, it is subject to change, and the amount of expenses of 3,000 tenge collected by the court is reduced to 308 tenge, that is, to limits not exceeding ten percent of the amount of the claim. The arguments that the payment of the representative's expenses is determined by the highest body of the cooperative – its meeting in
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