Objection to the executive order to collect the amount of debt under the loan agreement
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Notary Takisheva Gulshat Omirserikova
Almaty, Medeu district, Gogol St., 39, office 101.
+7 727 259 01 90
tgo_170380@mail.ru
from the Debtor: E.J.S.
IIN ……
Kostanay region, R..., P... str., 4, sq. 26.
+7 705 .....
Objection
on the executive inscription for No. 3513 dated December 8, 2022
On December 13, 2022, you received Executive order No. 3513, which was issued by you on December 8, 2022.
When studying the executive inscription, I found out that you had established the amount owed by E.J.S. (hereinafter referred to as the Debtor) to Z.I. Valeryevich (Hereinafter referred to as the Recoverer) in the amount of 1,549,000 tenge, and the costs incurred by the recoverer for executing the executive inscription in the amount of 4,630 tenge. The total amount to be recovered is 1,553,630 tenge.
We do not agree with the executive order, 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, the debtor did not enter into any civil law relationship with the Recoverer.
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 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.
In this case, the loan agreement that the recoverer indicates in the application is invalid because at the time of the conclusion of this loan agreement, the Debtor did not receive money from the Recoverer.
According to clause 2. of art. 92-6 of the Law on Notaries, it is stipulated 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.
According to Part 1 of Article 724 of the Civil Code, the borrower has the right to challenge the loan agreement, proving that the loan object (money or things) was not actually received by him from the lender or received in a smaller amount or quantity than specified in the agreement.
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.
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. 3513 dated December 8, 2022 on the recovery of the amount owed by SE.Zh.S. to Z.I.Valeryevich in the amount of 1,553,630 tenge.
With respect,
___________/ E.J.S.
"____"____________2022 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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