Objection to the executive inscription
Attention!
The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To a notary public _________________, License no. _________________
from ______ Almaty, Tchaikovsky, 170, office 101 +7 727 261-08-63
from: _________________ IIN _________________
Almaty, Abylai Khan St. no.79/304 +7 700 978 57 55
Objection
on the executive inscription No. 5763 dated November 05, 2019.
_ On _June 20__, I received from a private bailiff by e-mail executive order no. _____, which was issued by you on ___ November 20__. When studying the executive inscription, I found out that you had established the amount of debt ______________________ before the LLP "__________________________", IIN __________________________, in the amount of 123,500 (one hundred and twenty-three thousand five hundred) tenge, and the costs incurred by the recoverer for the execution of the executive inscription in the amount of 3,788 (three thousand seven hundred and eighty-eight) tenge, as well as the costs of sending letters of notification of the execution of an executive inscription 510 (five hundred ten) tenge, the total amount to be recovered is 127,798 (one hundred twenty-seven thousand seven hundred ninety-eight) tenge. I disagree 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 my case, the requirement is TOO "__________________________" it is not indisputable, since I do not agree with the established amount of debt. I also did not receive a pre-trial claim, and I did not recognize the non-fulfillment of the obligation.
The executive inscription was issued in violation of the requirements of art. 92-3 of the Law. In accordance with paragraph 10 of art. 92-3 of the Law, the executive inscription must contain the deadline and procedure for submitting an application for the cancellation of the executive inscription.
You have not established or clarified the amount of remuneration, the amount of the principal debt and penalties from the loan received. The payments I made to repay the loan were also not taken into account.
Objection to the 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. Based on the above, I ASK YOU:
Cancel the notary's executive order __________________________., for No. _____ dated November 05, 2019, on debt collection from ____________________, in favor of the LLP "__________________________" in the amount of 127,798 (one hundred twenty-seven thousand seven hundred ninety-eight) tenge;
The resolution on the cancellation of the executive inscription should be sent to the address: Almaty, Abylai Khan str., No. 79/304., as well as by e-mail: info@zakonpravo.kz
Yours sincerely,, ___________/ ____________________, "___"__________2020 G.
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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