Objection to the executive inscription issued by a notary
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Notary Aitzhan Ayna Rakhmetovna has a License No. 17011234 dated October 26, 2017.
Almaty region, Karasai district, Kaskelen, Koshov Batyr str., 55
+7 777 123 12 13 from: .................... IIN ............................
Place of residence: 86 Ladushkina St., Almaty
Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T., office 64 Bukhar zhyrau, Almaty 15. + 7 (708) 578 57 58.
Objection
on the notary's executive inscription
Aitzhan Ayna Rakhmetovna dated 02.02.2019 Executive inscription of notary Aitzhan Ain Rakhmetovna No. 2826 dated 02.02.2019 (hereinafter referred to as the Executive Inscription) We received it on 04.04.2019 by registered letter from the private bailiff of the executive city of Almaty, Bayzhuman Aryn Sapaevich. When studying the Executive inscription, we found out that the notary had established the amount of debt owed by L.A. Vityaz. to Zaymer LLP in the amount of 243,000 (two hundred and forty-three thousand) tenge, and the costs incurred by the recoverer for making an executive inscription in the amount of 3,788 (three thousand seven hundred and eighty-eight) tenge, postage in the amount of 470 (four hundred and seventy) tenge, the total amount to be recovered in the amount of 247,258 (two hundred and forty seven thousand two hundred and fifty-eight) tenge. We do not agree with the Executive Inscription, since the notary has not established or clarified the amount of remuneration, the amount of the principal debt and penalties from the loan received.
The payments made were also not taken into account. .........., due to the repayment of the loan, we have not received a Request for early repayment of the loan, as the debtor refused to fulfill its obligations under preferential terms and currently intends to conduct a Financial and credit examination for the accrual of remuneration and penalties. and for other reasons. The objection to the executive inscription issued by a notary In Article 5 of the Civil Code of the Republic of Kazakhstan (Application of civil legislation by analogy) states: In cases where the relations provided for in paragraphs 1 and 2 of Article 1 of this Code are not directly regulated by legislation or agreement of the parties and there are no customs applicable to them, such relations, since this does not contradict their essence, are applied the norms of civil legislation governing similar relations (analogy of the law). If it is impossible to use the analogy of law in these cases, the rights and obligations of the parties are determined based on the general principles and meaning of civil legislation and the requirements of good faith, reasonableness and fairness (analogy of law). Thus, in accordance with art. 36 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan" and "On Microfinance Organizations" must be taken into account when the loan agreement is overdue, the organization must notify the borrower in the manner provided for in the loan agreement of the need to make payments under the loan agreement and the consequences of the borrower's failure to fulfill its obligations. According to article 92-6. According to the Law of the Republic of Kazakhstan "On Notaries", after making an executive inscription, the notary shall send a copy of it to the debtor with a notification of delivery no later than the next business day.
And in turn, the Debtor has the right, within ten working days from the date of receipt of a copy of the executive inscription, to send objections to the stated claim in writing with notification to the notary who executed the executive inscription. Also according to article 92-8. According to the Law of the Republic of Kazakhstan "On Notaries", 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. If the notary's decree has not cancelled the executed executive inscription on the debtor's objection, the challenge of the executive inscription is carried out in court. Based on the above, guided by Chapter 14-1 of the Law of the Republic of Kazakhstan "On Notary",
ask you:
To revoke the executive inscription of notary Aitzhan Ain Rakhmetovna No. 2826 dated 02.02.2019, on the recovery of the amount of debt in the amount of 247,258 (two hundred forty-seven thousand two hundred fifty-eight) tenge;
The notification of the cancellation of the executive inscription should be sent to the address of Almaty, Medeu district, 050002, Zhibekzholy ave., 50, office 202.
To send an e-mail notification of the cancellation of the executive order: info@pravo.kz
Appendix: Self-identification; Trustworthiness; Screenshots; Confessions.
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________ 2019
According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.
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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