Pre-trial claim from Almaty Lawyer

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. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.

gr. _____________ IIN _____________ Almaty region, Ilisky district,

village of Japek batyr, Auyezova str., 43 A. tel: 8 _____________, 8 _____________. gr. _____________

IIN _____________ Almaty region, Ilisky district, village Zhapek batyr,

43 Auyezova St., tel.: 8 _____________.

from a citizen: _____________ IIN _____________. Almaty, Seifulin ave.,

375. +7 _____________.

Proxy representative: Galymzhan Turlybekovich Sarzhanov

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.

PRE-TRIAL CLAIM

January 30, 2019 between _______________ ( dale the Landlord) and you gr. _______________ ( next is the Tenant) A Mediation Agreement was concluded, as well as Agreements (hereinafter referred to as the Agreement). According to the clause of the Agreement, the "Lessor" undertakes to provide the "Lessee" with temporary possession and use for a fee, with subsequent redemption upon payment of the entire value, the following property: A car brand _______________. 19__ year of manufacture identification number (VIN) №_______________, registration number №_______________, owned by the "Landlord" on the right of private ownership, without the provision of management services by the Landlord it and its technical operation. The specified car belongs to the "Lessor" by right of ownership on the basis of the AT series Registration Certificate №_______________, issued on __/05/20__, issued by the Administrative Division of the Department of Internal Affairs of the city of Almaty. Under this Agreement, in accordance with paragraph 3, Article 331 of the Civil Code of the Republic of Kazakhstan. Written form of guarantee or surety agreements, gr. Tasmakova Nurgul Sailaukyzy wrote a Guarantee obligation as an agreement. To date, you have not fulfilled your obligations, in addition, you have unilaterally refused to fulfill your obligations. According to the Agreement, the "Lessee" is obliged, at the first request of the representative of the "Lessor", to inform about the location and condition of the car – however, you ignore this clause of the Agreement. Also in clause 13, it is stipulated that all risks, including the risk of accidental loss of Property, are assigned to the "Tenant" - which you also do not fulfill.

I would like to remind you that the Contract stipulates: If, as a result of a violation of the terms of this Agreement, namely non-payment of daily payments within 6 (six) days, the "Lessor" decides to terminate this Agreement and seize the Car from the "Lessee", the latter undertakes to reimburse the "Lessor" for the entire cost of restoring the previous condition, taking into account normal car wear and repair, if required. As well as in the event of an accident, the tenant's spouse and the person who acts as the guarantor are required to comply with all the terms of this agreement. To date, the Tenant has not fulfilled its obligations, in addition, unilaterally refused to fulfill its obligations. The tenant, to this day, has not handed over the car, besides, in a technical malfunction, they threw the car to the Landlord according to the act of receiving the transfer, ignores all attempts by the Landlord without picking up his phone and does not want to somehow settle the Contractual relationship. Based on the above arguments, we believe that the terms of the car rental agreement with subsequent purchase were violated, namely, the late payment of the rental car. As a result, the Lessee had a debt under the Agreement in the amount of 600,000 tenge, the total amount owed by the Lessee to the Lessor was 600,000 tenge. Currently, you are not fulfilling your obligations (Violation of an obligation means its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions defined by the content of the obligation) - improper fulfillment of part 1 of Article 349 of the Civil Code of the Republic of Kazakhstan), which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan. By doing so, you are causing real material and moral harm to the Landlord and his family. In these circumstances, we require you to return the funds in the amount of 600,000 tenge as soon as possible. Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing property by deceiving and abusing the trust of the Landlord.

We suggest that you voluntarily return the funds in the amount of 600,000 tenge to the Lessor by __ June 20__. If you do not return the funds within the specified period, we reserve the right to take this matter to court. As well as to recover the amount of material (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and moral damage and/or apply to other competent authorities. 152 and 279 of the CPC RK and art. 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 has not been lost and preserved. Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, we hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.

Sincerely, Proxy Representative ___________________/Sarzhanov G.T. "___" _____________20__ the year

According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.

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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