Petition for the extension of the general limitation period
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To the District Court No. 2 of Almaly district of Almaty
To the judge ____________________
city of Almaty, ________________
8 (727) _________________
From the Defendant: _______________________
IIN: _____________________
+7 (777) ___________________
city of Almaty, Almaty, ____________________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The petition
application of the general limitation period in a civil case
Q, there is a civil case pending in your proceedings № ________________________, according to the claim of the LLP "Special Financial Company "________________________" (Hereinafter Referred To As the Plaintiff) to ________________________ ( Next, the Defendant) regarding debt collection under the bank loan agreement, we disagree with this claim on the following grounds: In accordance with the Bank Loan Agreement №________________________ from __.11.20__ (hereinafter referred to as the Agreement loan), between JSC "________________________" ( hereinafter referred to as the Bank) and ________________________, (more - The Borrower), a bank loan agreement was concluded, as a result of which the Bank provided the Borrower with a loan in the amount of 330,000 tenge. _ On _ July 20__, the Bank entered into an agreement with LLP "________________________" The factoring agreement in accordance with which. The bank conceded to the LLP "________________________" ( to the assignee of the right of claim under bank loan agreements of the ACC (a product of personal consumer lending of JSC "________________________", valid until 20__), including under the Loan Agreement. At the same time, in accordance with paragraph 2 of the section "Introduction" of the Factoring Agreement. The Bank has ceded to the assignee 100 (one hundred)% of the principal debt under the GAC bank loan agreements, 100 (one hundred)% of the accrued remuneration. 100 (one hundred)% of the accrued fees for maintaining debtors' bank accounts and 30 (thirty)% of the accrued penalties for late fulfillment of their obligations by debtors, since by the time the Factoring Agreement was signed, 70 (seventy) % of the accrued penalty was written off by the Bank (that is. The bank forgave the debtors most of the penalties)
Petition for the extension of the general limitation period
Subsequently, the LLP "________________________" It was renamed into an LLP "________________________", connections what was the Additional Agreement concluded between the Bank and the assignee? ________________________ from __.09.20__ to the Factoring Agreement. In turn, the LLP "________________________" ( originator) on October _, 20__ on securitization, according to which it assigned to the plaintiff the rights of claim previously acquired from the Bank under the Factoring Agreement under bank loan agreements, including the Loan Agreement. In turn, the LLP "________________________" concluded with the plaintiff "Special Financial Company" LLP "________________________" securitization assignment agreement dated __.10.20__, under which it assigned to the plaintiff the rights of claim previously acquired from the bank under the factoring agreement under bank loan agreements, including the loan agreement with the defendant. At the time of filing the claim, the defendant's debt amounted to 474,048 tenge.
We do not agree with the above arguments of the Plaintiff, since Dear Court, according to the materials provided by the Plaintiff and the Certificate we received from the First Credit Bureau, it is indicated that in accordance with the factoring agreement, the rights of claim under this bank loan agreement were assigned to LLP "________________________", which was later renamed to LLP "________________________", based on an additional agreement dated 20__ of the year LLP "________________________" under the contract of assignment of the rights of claim during securitization, the right of claim was ceded under the contract to LLP "Special Financial Company"________________________". Taking into account the date of assignment of the claim dated __.09.20__ and the date of filing the Claim with the court, more than 3 years have passed and we consider the Plaintiff to have missed the general limitation period The limitation period is the period of time during which a claim may be satisfied arising from violations of a person's right or legally protected interest The Statute of limitations and the procedure for calculating them are provided for by law and cannot be changed by agreement of the parties in accordance with art. 177 of the Civil Code of the Republic of Kazakhstan. Provided for in Article 178 of the Civil Code of the Republic of Kazakhstan, paragraph 1. The specified General limitation period is set at three years. 179. The claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the limitation period, and the limitation period is applied by the court only upon the application of the party to the dispute made before the court's decision. The expiration of the limitation period before the filing of a claim is the basis for the court's decision to dismiss the claim.
Petition for the extension of the general limitation period
The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. Based on the above, we believe that we have correctly calculated the general limitation period and the Court's decision should be made in accordance with the principles of good faith, reasonableness and fairness, therefore, it is necessary to take into account all the above circumstances.
Based on the above, I ask the Court to take into account the difficult financial situation of the defendant and the unreasonable inaction of the LLP "Special Financial Company "________________________" for a long time, and what led to the expiration of the statute of limitations and to make a decision in accordance with the principles of good faith, reasonableness and fairness.
I ASK THE COURT:
Apply, generally, the statute of limitations and in the satisfaction of the Claim of LLP "Special Financial Company "________________________" to ________________________ on debt collection under a bank loan agreement - refuse.
Sincerely, Proxy Representative:
________________/Sarzhanov G.T.
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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