Objection to the executive order to collect the amount of debt
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Notary Tabenova Zaura Serikova
License No. 12004892, issued on 06/20/2012.
Nur-Sultan, Dostyk St. 20, Business Center St. Petersburg, 1st floor
from .......... IIN 890 .......... Almaty region,
G......., mkr. …... 1, building 10 +7 (771) .............
Objection
on the executive inscription No. 24466 dated January 22, 2021
On April 24, 2021, I received an executive order for No. 24466 from the CHSI of the Regional Chamber of Private Bailiffs of the Almaty region, Shayakhmetov D.E., which was issued by you on January 22, 2021. When studying the executive inscription, we found out that you had established the amount of debt. ............, before gr. ........... in the amount of 60,574 (sixty thousand five hundred seventy-four) tenge, as well as the costs incurred by the recoverer for the execution of the executive inscription in the amount of 2,917 (two thousand nine hundred and seventeen) tenge. The total amount to be recovered is 64,011 (sixty-four thousand eleven) tenge. I disagree with this executive inscription on the following grounds: The executive inscription does not contain any information about legal relations with gr. Kaipov Rishat Ravilevich, of which ........... there was a debt owed to the recoverer, in any civil law relationship with gr. Kaipov Rishat Ravilevich did not join. Data on this loan is not available in the database of the first credit bureau. The Law and the Agreement state that the MFO was obliged to notify the Borrower of the transfer of the right (claim) to a third party via SMS notifications and/or emails within thirty calendar days from the date of conclusion of the assignment agreement, indicating the purpose of further payments to repay the loan to a third party (name and location of the person, to whom the right (claim) has been transferred under the loan agreement), the full amount of the transferred rights (claims), as well as the remaining overdue and current amounts of the principal debt, remuneration, commissions, penalties (fines, penalties) and other amounts payable.
Objection to the executive order to collect the amount of debt
In accordance with paragraph 2 of Article 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 response to a claim sent by to the recoverer in the order of pre-trial settlement of the dispute. In my case, the claim of the Assignee is not indisputable. I also did not receive It was a pre-trial claim, and I did not recognize non-fulfillment of obligations. 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, stipulating 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 has not been lost and preserved. You have not established or clarified the amount of remuneration, the amount of the principal debt, from the loan received. The payments I made to repay the loan were also not taken into account. According to clause 2. of art. 92-6 of the Law "On Notaries", it is stipulated that the Debtor has the right, within 10 (ten) business 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. In case of invalidity of the transaction, each of the parties is obliged to return to the other everything received under the transaction. 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 "On Notaries", the debtor has the right, within 10 (ten) business 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 clauses 3 of Articles 92-6 of the Law "On Notaries", the debtor's objection must contain the reasons for disagreement with the stated requirement.
Objection to the executive order to collect the amount of debt
In accordance with paragraph 1 of Articles 92-8 of the Law "On Notaries", the notary issues a resolution on the cancellation of the executive inscription no later than 3 (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",
I ASK YOU to cancel the executive order No. 24466 of the Notary Tabenova Zaure Serikovna, on the recovery of the amount owed from ............, before gr. .............., in the amount of 64,011 (sixty-four thousand eleven) tenge.
Yours sincerely,, ______________/ ..........
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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