Petition for cassation review of the case
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.
To the Supreme Court of the Republic of Kazakhstan
To the Chairman of the cassation Board
in civil cases
Republic of Kazakhstan,
The new zip code is Z05H9F3
(old zip code 010000),
Astana city, ________________________
The person submitting the petition:
The applicant: _________________________
IIN _______________________
Almaty region, Karasai district, _____________________
8 ______________________.
Representative by proxy:
Sarzhanovgalymzhanturlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibekzholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The petition
on the cassation review of the case
__.08.20__ Talgar district Court of Almaty region in a civil case № ___________________ about collecting the amount of debt from _____________________, _______________________, _______________________ in favor of ______ LLP_________________" under the loan agreement, I decided: The statement of claim of the LLP "_______________________" to _______________________, _______________________, _______________________ on debt collection – to satisfy. Collect from the defendants _______________________, _______________________, B________________________ jointly and severally in favor of the LLP "_______________________" the amount of debt in the amount of 2,555,282 (two million five hundred fifty-five thousand two hundred and eighty-two) tenge, and the incurred costs of paying the state duty in the amount of 76,659 (seventy-six thousand six hundred and fifty-nine) tenge.
Petition for cassation review of the case
I did not appeal this court decision due to financial difficulties and caring for a young child. _ On February 20, I addressed the Chairman of the Supreme Court of the Republic of Kazakhstan, Mr. _______________________ with a request to submit a submission on the revision of the judicial act in cassation, which was refused. _ On July 20, I applied to the Prosecutor General of the Republic of Kazakhstan with a request to file a cassation appeal, which was also refused. According to the above-mentioned Decision of the Talgar district Court, writ of execution was issued, which were transferred for enforcement to a private bailiff of the executive district of the Almaty region. _______________________, who initiated the enforcement proceedings.
Petition for cassation review of the case
_ On March 20, I returned ownership of the house located at the address: Almaty region, _______________________, to my brother, who was previously registered to me, because my My brother intended to buy an apartment on a mortgage. The fact that my brother is the actual owner of this house is confirmed by the testimony of neighbors and disinterested third parties. However, TOO "_______________________" appealed to the Karasai District Court of the Almaty region with a Statement of Claim for invalidation of the transaction, arguing as follows: In accordance with the decision of the Talgar District Court of the Almaty region of __.08.20__ from _______________________, _______________________, _______________________, the amount of debt in the amount of 2,555,282 tenge was collected, the state duty 76,659 tenge in favor of LLP "_______________________". The court's decision has entered into legal force, a writ of execution has been issued, which has been handed over for enforcement to a private bailiff of the executive district of the Almaty region. _______________________ To date, the court's decision has not been executed, and debtors are doing their best to prevent its execution. In the course of the enforcement proceedings, the bailiff identified the immovable property owned by the right of ownership. _______________________ located at: Almaty region, Karasai district, _______________________, _______________________ At the request of the Department of Justice of the Karasai district of the Almaty region for the issuance of a copy of the title documents for the specified property __.11.20__, the Department of Justice explained that the property no longer belongs to _______________________ in therefore, the request was refused. Upon departure to the location of the property, it turned out that she lives in this property. _______________________ with my family. She took ownership of this property to her brother by drawing up a donation agreement. The court's decision to recover the amount has not been executed by the defendant for more than two years, which means that _______________________ The alienation of property is aimed at evading responsibility to execute a court decision. The alienation was carried out after the court's decision on debt collection. _______________________ lived and continues to live in this house. All these facts indicate that the transaction was imaginary, as well as that the defendant's actions were aimed at concealing property from possible foreclosure.
Petition for cassation review of the case
However, the plaintiff's arguments that the court's decision has not been executed to date and that the debtors are doing everything possible to prevent its execution are not true. Since I have repeatedly verbally addressed the CHSI and the MKO to provide an account where funds could be transferred, as far as financially possible, to fulfill the court's Decision. But the recoverer and the CSI did not provide the account details for a long time, as they demanded full repayment of the amount owed. _ On _ June 20__, I wrote an application to the LLP "_______________________" with a request to provide preferential conditions for the execution of the court's decision, since I do not have the opportunity to pay off the debt at a time. I asked them to meet me halfway and allow me to contribute 50,000 tenge per month to repay the debt and, if my financial condition improves, pay off the debt in full. However, TOO "_______________________" they refused me, and demanded to deposit 1,000,000 tenge at a time, and pay the rest of the debt in installments on a monthly basis. As of today, I am executing the court's decision, transferring funds to the best of my financial capabilities. Also, the plaintiff's arguments that gr. _______________________ in fact, I made a deal on the alienation of property in order to evade obligations, knowing that I had a debt, which was groundless, since I had previously been a formal the owner of the specified house with a plot of land, the actual owner of the land plot with the house is my brother.
Petition for cassation review of the case
_ On _ June 20__, the Karasai District Court of the Almaty region, composed of the presiding judge _______________________, under the secretary _______________________, with the participation of the plaintiff's representative ____________, the defendant _______________________, a third party _______________________, having considered a civil case in open court № _______________________ according to the statement of claim of the LLP "_______________________" to _______________________, to a third person, a private bailiff of the executive district of the Almaty region _______________________ I DECIDED to invalidate the transaction: The claim of the LLP "_______________________" to _______________________, to a third person, a private bailiff of the executive district of Almaty regions _______________________, The Department of Justice of the Karasai district Department of Justice, Almaty region, Ministry of Justice of the Republic of Kazakhstan, on the recognition of the donation agreement as invalid - to satisfy. Recognize the donation agreement no. _____ dated __ March 20__, of a residential building with a plot of land located at the address: Almaty region, ________________________, the prisoner between _______________________,__.03.19__ year of birth and _______________________, __.01.19__ year of birth, notarized _______________________, invalid. To recognize the registration in the Department of Justice of the Karasai district of the Department of Justice, Almaty region, of the donation agreement no. ___ dated __.03.20__ of the residential building located at the address: Almaty region, Karasai district, ______________________, invalid. I then filed an appeal against the decision of the Karasai District Court of the Almaty region dated __ June 20__. __ On October 20, the Judicial Board for Civil Cases of the Almaty Regional Court, consisting of the presiding judge ___________________, judges of the board _____________________, ___________________ DECIDED: The decision of the Karasai District Court of the Almaty region dated __ June 20__ to leave the defendant's appeal unchanged _______________________- without satisfaction. Dear Cassation Board, the reason for my appeal to you is that I disagree with:
By the resolution of the Judicial Board for Civil Cases of the Almaty Regional Court dated __ October 20__;
By the decision of the Talgar district Court of the Almaty region in a civil case № ________________ from 08.20__ of the year;
By the decision of the Karasai district Court of the Almaty region in a civil case № _______________________ dated __ June 20__.
Petition for cassation review of the case
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
