Review of a claim for debt collection
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To the Zhitikarinsky district Court of Kostanay region
Plaintiff: L.K.Z. address: g. Gitikara, .
Defendant: A.J.A. address: g. Gitikara, .
Feedback
on the statement of claim
The Zhitikarinsky District Court is conducting a civil case on the claim of L.K.Z. to A.Zh.A. for debt collection. I completely disagree with this claim, I do not recognize the plaintiff's claims, I believe that they are not justified in any way and are not based on the Law. It follows from the meaning of L.K.Z.'s statement that a loan agreement in the amount of 3,000,000 tenge was concluded between us, in confirmation of which she provided the court with a receipt. 152 of the Civil Code of the Republic of Kazakhstan – transactions in excess of one hundred monthly calculation indices are concluded in writing. In accordance with Article 378 of the Civil Code of the Republic of Kazakhstan, an agreement between two or more persons on the establishment or termination of civil rights and obligations is recognized as a contract. 392 of the Civil Code of the Republic of Kazakhstan, when interpreting the terms of a contract, the court takes into account the literal meaning of the words and expressions contained therein. The literal meaning of a contract clause, in case of ambiguity, is established by comparing it with other terms and the meaning of the contract as a whole.
Review of a claim for debt collection
According to art. 70 of the CPC RK, evidence is considered reliable if, as a result of verification, it turns out that it corresponds to reality. Reliability is not only the correspondence of legal facts to reality, but also the quality of evidence that characterizes its accuracy, the correctness of the representation of the circumstances included in the subject of proof. The receipt presented as the main and only evidence does not meet the requirements for reliable evidence. According to art . 3 of the Civil Code of the Republic of Kazakhstan, civil relations may be regulated by customs, including business practices, if they do not contradict the civil legislation in force on the territory of the Republic of Kazakhstan. According to business practices, the debtor executes the receipt with his own hand, while indicating his personal data and the personal data of the creditor – last name, first name, patronymic, place of residence, the currency of the loan must be indicated.
In accordance with Article 282 of the Civil Code of the Republic of Kazakhstan, monetary obligations in the territory of the Republic of Kazakhstan must be expressed in tenge (Article 127 of the Civil Code of the Republic of Kazakhstan), except in cases provided for by legislative acts of the Republic of Kazakhstan. In accordance with the above, I believe that the plaintiff's claims are not justified and I ask you to refuse to satisfy his claims. I ask the court to interrogate my sisters D.S.A., who lives at the address: Gitikara, .. mkr., 17, sq. 54, I.A.A., who lives at the address: Kostanay, ul. ..., 48, sq. 5, as a witness. I will ensure the appearance of witnesses.
17.11.2019 A.J.A.
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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