PRE-TRIAL CLAIM for recognition of a notarized loan agreement as invalid
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The Law and Law Law Firm 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.
For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Z.I.V.
IIN .
Almaty, ul. N.., d. ..., sq. 176.
+7 701 ….
from: E.J.S.
IIN....
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
PRE-TRIAL CLAIM
On November 01, 2022, a loan agreement No. 3181 (hereinafter referred to as the Agreement) was notarized between you and E.J.S., where the essential terms of the agreement are the fact that you, as the Lender, transferred to the borrower an amount of 1,549,000 (one million five hundred forty-nine thousand) tenge for a loan period until October 01, 2022.
According to Article 715 of the Civil Code of the Republic of Kazakhstan, under a loan agreement, one party (the lender) transfers, and in cases provided for by this Code or the agreement, undertakes to transfer ownership to the other party (the borrower) of money determined by generic characteristics, and the borrower undertakes to return the same amount of money to the lender in a timely manner.
717 of the Civil Code of the Republic of Kazakhstan stipulates that the loan agreement is considered concluded from the moment of transfer of money, unless otherwise provided by this Code or the agreement of the parties.
However, we are aware that there is no transfer of money from your side to E.J.S. under the above-mentioned agreement.
E.J.S., is the mother of F.A.M., who was an employee of your company. Earlier, your company allegedly discovered a shortage of accounts and, according to your subjective and unjustified decision, E.J.S., turned out to be in the field of suspicion of embezzlement of entrusted property.
Thus, by blackmailing you, you forced E.J.S. to commit the above-mentioned loan agreement, which is a criminally punishable offense.
Subsequently, under the pretext that E.J.S. did not fulfill contractual obligations within the specified time, you applied to the Notary T.G.O. to make an executive inscription. Subsequently, the Notary executed Executive order No. 3513, which was issued on December 8, 2022.
With this letter, we propose to peacefully resolve the above-mentioned disputed agreement, or we are forced to apply to law enforcement agencies for criminal offenses in relation to E.J.S.
It should also be noted that in accordance with Article 724 of the Civil Code of the Republic of Kazakhstan, 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.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
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 fails to comply 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 preserved.
With respect,
AGCA's Lawyer: ___________/ Sarzhanov G.T.
"____"___________2023 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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