Objection to the executive inscription on the loan

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Notary public Abdikasymkyzy Saule Shymkent, Baitursynova, 78,

8 778 579 7 783, 8 708 719 57 82. saule.notarius@bk.ru

from: T.D. IIN . 76 K. D. Street, Taldykorgan, Almaty region. + 7 777 ..

 

Objection

on the executive inscription No. 21625 dated December 29, 2021

On March 20, 2022, I received executive order No. 1625 from the CSI, which was issued by you on December 29, 2021. When studying the executive inscription, we found out that you had established the amount owed by T.D. (hereinafter referred to as the Debtor) to the MFO "Loan" (Hereinafter referred to as the Recoverer) in the amount of 113,000 tenge, as well as the costs incurred by the recoverer for the execution of the executive inscription in the amount of 4896 tenge. The total amount to be recovered is 117,896 tenge. We do not agree with the executive inscription for the following reasons: The Executive inscription does not contain any information about the legal relationship with the Recoverer, from which the Debtor owed the recoverer, and the debtor did not enter into any civil relations with the Recoverer. I do not know what contract is stipulated in the executive order. 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 of the obligation is recognized by the debtor, including in response to a claim sent to the recoverer in the pre–trial settlement of the dispute. In my case, the claimant's claim is not indisputable.

Also, the debtor did not receive 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, providing that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff has not complied with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and saved. According to clause 2. art. 92-6 of the Law on Notaries stipulates that 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. By virtue of clause 1 of Article 382 of the Civil Code of the Republic of Kazakhstan, the terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant condition is prescribed by law. According to clause 1 of Article 383 of the Civil Code of the Republic of Kazakhstan, the contract must comply with the rules binding on the parties, established by law (mandatory norms) in force at the time of its conclusion. By virtue of clause 1 of Article 159 of the Civil Code, a transaction made without obtaining the necessary permission is void. From clauses 2 and 3 of Article 157-1 of the Civil Code, it follows that an invalid transaction does not entail legal consequences, except for those related to its invalidity.

Due to the failure of the Recoverer to fulfill the obligations stipulated by law, we have the opinion that the actions of the Recoverer are aimed at seizing property by deceiving and abusing the Applicant's trust. 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, in accordance with paragraph 2 of Articles 92-6 of the Law of the Republic of Kazakhstan "On Notaries",

ask you:

To cancel the executive order No. 21625 dated December 29, 2021 on the recovery of the amount owed from Etc. in favor of the MFO "Loan" in the amount of 117,896 tenge.

Yours sincerely,, ___________/ Etc. "____"____________2022 G.

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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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