Pre-trial claim to a Private bailiff
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 a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the private bailiff of Almaty, Beisembai Bolat Nurgaliuli.
Almaty, md.Zhetysu-3,Fortuna Business Center, 25, block A, office 15. Chsi_beisembay@mail.ru
8-775-776-15-88; 8-702-162-34-35; 8-707-396-27-12; 8-771-637-36-57; +77757761588.
from: Sole Proprietor “..........” in person...... Ah
y Erlanovna IIN ........... city of Almaty,
Nauryzbaysky district, MD. .........., St. ......, 19.
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
PRE-TRIAL CLAIM
There is an enforcement proceeding in your production No. 223/21-75-4242 dated 05/06/2021, on recovery from sole proprietors " ..........." in the face of .......... payment for the activities of the CSI in the amount of 2,061,355 tenge. Earlier, on May 20, 2021, the Specialized Interdistrict Economic Court of Almaty, consisting of the presiding judge Tolegenovna T.A., considered the civil case No. 7527-20-00-2/6338, at the Request of KazComfort LLP to IP ....... represented by ...... A.E., on debt collection where the Court Determined: To approve the agreement on the settlement of the dispute through mediation, concluded during the enforcement proceedings between the parties to the civil case on the claim of KazComfort LLP to the Sole Proprietor "........." ........... Aipara Erlanovna on debt collection, under the terms of which party-1 voluntarily, without any coercion, undertakes to pay the remaining amount of debt in the amount of 24,220,000 tenge by March 01, 2021 head of enforcement proceedings no.124/20-75-4242 dated October 01, 2020. This debt can be repaid ahead of schedule. The amount owed in the amount of 24,220,000 tenge will be paid by crediting the amount to the settlement account of party-2 or on purpose. Payment for the services of a private bailiff of the executive district of Almaty, Beisembai B.N. in the framework of enforcement proceedings No.124/20-75-4242 As of October 01, 2020, it is 8% of the total amount of the foreclosure, which in total amounts to 2,017,600 tenge.
Pre-trial claim to a Private bailiff
According to paragraphs 2-1, paragraph 2, Article 47 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs", which states that enforcement proceedings are terminated if the parties to the enforcement proceedings have concluded an agreement on dispute settlement through mediation. Accordingly, the enforcement proceedings were subsequently terminated by your decision. On March 19, 2021, you reviewed the materials of the enforcement proceedings No.124/20-75-4242 dated 01.10.2020, on recovery from the debtor IP ".........", in the face of .......... A.E., the amount of debt is 25,220,000 tenge in favor of the recoverer KazComfort LLP, where it was proposed to approve the amount of payment for the activities of a private bailiff in the amount of 2,017,600 tenge. Expenses in the amount of 15 MCI. Total: 2,061,355 tenge. Collect the approved amount from the debtor of the sole proprietor ".............." with the transfer to your current account. After the conclusion of the mediation agreement, the debtor had financial difficulties, which led to non-fulfillment of the mediation approved by the Court. Due to the non-fulfillment of obligations under the mediation agreement, the recoverer of KazComfort LLP was forced to file an application for the initiation of enforcement proceedings. September 28, 2021 Private Bailiff Almaty Sametov Nurken Sultankululy initiated enforcement proceedings No. 588/21-75-4112 on the basis of a writ of execution issued by the Specialized Interdistrict Economic Court of Almaty for the recovery of the amount, to approve the agreement on dispute settlement through mediation, concluded during the enforcement proceedings between the parties to the civil case on the claim of KazComfort LLP to IP Farm-plus" .......... Aipara Erlanovna on debt collection, under the terms of which the -1 party voluntarily, without any compulsion, undertakes to pay the remaining amount of debt in the amount of 24,220,000 tenge by March 01, 2021 in accordance with enforcement proceedings no.1245/20-75-4242 dated 01.10.2020.
Thus, the debtor has a situation where two private bailiffs require payment for the activities of a private bailiff in the amount of KZT 2,017,600 for the same writ of execution. However, according to paragraph 2, Article 118 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs", it is stipulated that payment for the activities of a private bailiff is made only in case of full or partial execution of the enforcement document. If the enforcement document of a property nature is partially executed, then only a part of the payment for its activities is paid to the private bailiff, in proportion to the amount recovered or the value of the property. Accordingly, we hereby notify you of the debtor's intention to resolve this situation in a pre-trial manner. And we suggest that you cancel your Resolution of March 19, 2021 on the recovery of IP Farm-Plus from the debtor, represented by ........... A.E., the approved amount of payment for the activities of a private bailiff in the amount of 2,061,355 tenge. Thus, having made the recalculation, we ask you to issue a new Resolution on recovery from the debtor of IP Farm-Plus, represented by ............. A.E., the amount for a part of the payment for your activity, in proportion to the amount collected. According to paragraph 1, Article 91 of the Code of the Republic of Kazakhstan on "Administrative Procedural Procedure Code of the Republic of Kazakhstan" (hereinafter referred to as the Code), where a participant in an administrative procedure has the right to appeal an administrative act, an administrative action (inaction) not related to the adoption of an administrative act, in an administrative (pre-trial) manner. I hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.
Sincerely, Lawyer ___________/Sarzhanov G.T. "____" _____________ 2021.
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
