Petitions from a Lawyer in civil cases for the application of the general statute of limitations
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To the Taraz City Court of Zhambyl region Judge ............ Republic of Kazakhstan,
080007, Taraz, K.Turysova str. 7 726-1201@sud.kz 87262 34-75-50, 87262 34-75-43
from the Defendant: .............. IIN: ...............
Proxy representative: Galymzhan Turlybekovich Sarzhanov IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202, Business center Quarter.
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 № 3110-18-00-............ dated 11/21/20.... of the year, according to the claim of the LLP "Special Financial Company "........" ( Further, the Plaintiff) to ......... (Hereinafter referred to as the Defendant) on debt collection under a bank loan agreement. Where does the plaintiff justify his claims in accordance with the Bank Loan Agreement №.............. dated 11/30/20.... (hereinafter referred to as the Loan Agreement), between JSC Alliance Bank (hereinafter referred to as the Bank) and ........ (hereinafter referred to as the Borrower), an agreement has been concluded
a bank loan, as a result of which the Bank provided the Borrower with a loan in the amount of 600,000 (six hundred thousand) tenge.On July 29, 2011, the Bank entered into a Factoring Agreement No....... with LLP......, according to which. The Bank ceded to ...... LLP (the assignee of the claim under the bank loan agreements of the CPC (a product of personal consumer lending of Alliance Bank JSC, which operated until 20.... year), 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).Subsequently, Spektr-Collect LLP was renamed SPEKTR Finance LLP, and an Additional Agreement was concluded between the Bank and the assignee.................. dated 09.26.20... to the Factoring Agreement. In turn, SPECTRUM Finance LLP (originator) on October 24, 20.... the Securitization Agreement of the year, according to which it assigned to the plaintiff the rights of claim previously acquired from the Bank under the Factoring Agreement under the bank loan agreements, including and under the Loan Agreement.The Borrower's debt under the Loan Agreement was as of July 29, 20..year - 1,691,322 tenge, including partial payment in the amount of 324,742, the total amount of debt amounted to 1,366,579. 90 tenge.
We do not agree with the above arguments of the Plaintiff, since the Plaintiff has already applied to the Forum Votum Arbitration Court located 050059, Almaty, md. Samal-2, d. …..., block "G" office 56., +7 (727) 224-45-62., asforumvotum@gmail.com ., where 02.09.2016 after the Permanent Arbitration "Forum Votum" as part of the arbitrator ..................., under the secretary of the arbitration session Balmukhambetov A.B., with the participation of a representative of the plaintiff, LLP "Special Financial Company "Finance" .............., acting on the basis of Power of Attorney No. 113 dated April 18, 20...... considered the dispute over the claim of Special Financial Company Finance LLP to ................... about the recovery of the debt amount and decided the claim - To satisfy the claims of the limited Liability partnership "Special Financial Company "Finance" to .............. on debt collection under a bank loan agreement, recovery of expenses for the payment of the arbitration fee, To recover from ............. in favor of the plaintiff - LLP "Special Financial Company "Finance" the amount of debt in the amount of 1,596,322, To recover from gr. ……..., in favor of the plaintiff, Special Financial Company Finance LLP, the amount of registration and arbitration fees paid by the plaintiff is 37,926.The basis for the consideration of claims in the Arbitration Court was the May 08 Agreement 20.............. An Agreement No. PTR00632 on debt repayment was concluded between the plaintiff and the Borrower's mother, according to which the defendant undertook to repay the above-mentioned debt in the amount of 1,691,322 tenge. In paragraph 2 of the above-mentioned Agreement, the parties have determined that all disputes, disagreements between the parties and claims of the parties arising from or in connection with the Agreement. including those related to its execution, violation, termination or invalidity, are subject to review and resolution in the Arbitration (Arbitration Court) "Forum Votum" in accordance with its Rules, at the location of the court in Almaty.
At the same time, the parties agreed that. that the decisions of the Forum Votum Arbitration Court are recognized by the parties as binding.After the Plaintiff receives the writ of execution by a private bailiff of the Zhambyl region, gr. ........., located at the address of Taraz, MD. .......... (7), 12, 21 block, e-mail address tel: 8 ................, enforcement proceedings were initiated to recover the amount of debt, after which encumbrances were imposed with the collection of wages, which the Plaintiff does not agree in his claim. Simply pointing out the alleged voluntary repayment of the debt by the Debtor in order not to apply the statute of limitations, while the Respected court the amount of partial payment of the pension was forcibly collected from wages has been canceled.
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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