Review of a civil case on debt collection
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Medeu district Court of Almaty to Judge Moldabaev D.S. Almaty,
050000, Nusupbekov St. 26/1. from the Defendant: xxxxxxxxxx INN xxxxxxxxxxxx
Almaty, mkr xxxxxx. +7 701-xxxxxx
Feedback
on the Statement of Claim for the recovery of the amount
There is a civil case pending in your proceedings regarding the claim of xxxxxxxxxx (hereinafter referred to as the Plaintiff) against xxxxxxxxxxxx (hereinafter referred to as the Defendant) for the recovery of the amount. The Plaintiff motivates his arguments that an agreement for the purchase and sale of property (hereinafter referred to as shares) of L-Capital JSC was concluded between the Plaintiff and the Defendant, the number of securities sold was 12,078, the price per 1 piece was 1935 tenge, the total value of the share was 23,370,930.00 tenge. In order to secure the obligations signed by the Defendant in the presence of witnesses, a receipt was drawn up for the purchase of shares by the defendant in the amount of 23,370,930.00 tenge in installments until December 23, 2019. However, the defendant did not return the funds in full on time, delayed the time in every possible way, and only in 2020 he began to pay in installments.
Review of a civil case on debt collection
In total, the defendant refunded the amount of KZT 16,178,330 in installments. Currently, the defendant's debt amounts to KZT 7,192,600 Dear court, we agree with the Plaintiff's claims under the following conditions: Understanding the norms of Article 13 of the Constitution of the Republic of Kazakhstan that everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests, and that in accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. Being a decent and responsible person, I will never refuse to fulfill my debt obligations to the Plaintiff, and I have repeatedly suggested and suggest that the Plaintiff undertake a constructive dialogue to resolve the current situation. So I intend to take all measures for a peaceful settlement of the case today, and I propose to the Plaintiff to take counter measures for a peaceful settlement of the circumstances, since the global crisis in the foreign exchange and securities markets has occurred due to the global pandemic, my income has fallen, however, they take time, as the volatility of the securities market shows for A recession will bring a rise! Accordingly, understanding and realizing the norms, Chapters 17. The CPC RK "CONCILIATION PROCEDURES" strongly request the peaceful settlement of this civil case.
I consider the Plaintiff's arguments about the unfounded nature of my proposal to be incorrect and unjustified, in addition, the Plaintiff's lawyer took a formal and/or formulaic approach to this matter, since I have repaid more than a significant part of the amount owed to date. So I can also inform the court about the fact that in the recent past (before the worldwide Covid pandemic) The plaintiff regularly invested and, accordingly, returned her funds with rewards. And at the moment, I ask you to provide some time, as there are no other financial sources that make it difficult to fully fulfill obligations. In accordance with Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
Review of a civil case on debt collection
I also believe that the Plaintiff violates the requirements of good faith, reasonableness and fairness provided for in Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan. Article 113. CPC of the Republic of Kazakhstan, as well as a Regulatory resolution The Supreme Court of the Republic of Kazakhstan No. 9 dated December 25, 2006 and No. 2 dated March 20, 2003 provides that, at the request of the party in whose favor the decision was made, the court awards the costs incurred by the other party to pay for the assistance of a representative (several representatives) who participated in the process and is not affiliated with this party. in an employment relationship, in the amount of the expenses actually incurred by the party. Accordingly, I consider the costs of a Lawyer in an indisputable civil case to be unreasonably excessive.
By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. According to art . 166 CPC RK, where the defendant submits to the court a response to the statement of claim with attached documents. The review must be submitted no later than ten working days from the date of receipt of a copy of the statement of claim. The judge, within three working days, sends or hands over to the plaintiff and other persons involved in the case copies of the review and the documents attached to it. The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms establish that everyone is equal before the law and the court and that everyone has the right to a fair and public hearing within a reasonable time by a competent, independent and impartial court established on the basis of based on the law.
Review of a civil case on debt collection
Based on the above, guided by Articles 46, 166 of the CPC RK, I ask the Court:
In satisfying the Plaintiff's claims against the Defendant for the recovery of the amount, partially satisfy;
In terms of collecting representative expenses, reduce it to 100,000 tenge.
Yours sincerely,, ________/ N .............. "___" __________ 2021 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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