Sample Application to the court for postponement of execution of a court decision

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To Almaly District Court No. 2 of Almaty

267 Tole bi str., Almaty, 050005, Republic of Kazakhstan, tel: 8 727 33 11 50.

The applicant: .......... IIN No...................

Proxy representative: Sarzhanovgalymzhanturlybekovich

IIN: 850722301036. Almaty, Medeu district,050002,

50 Zhibekzholy Ave., office 202, Business center Block. info@zakonpravo.kz / www.zakonpravo.kz

+ 7 (708) 578 57 58. Defendant: JSC "Bank Center Credit" BIN 9806400093 Almaty,

156 Bogenbai Batyr str., 050012.

Third parties who do not make independent claims on the subject of the dispute:

Private bailiff of the executive district of Almaty, ...........

IIN ............. 050000, Republic of Kazakhstan, Almaty city, pr. ..........., ..., the office.....

tel.:8 701 ............

Statement

on the postponement of the execution of the court decision

              In accordance with the loan agreement No.... dated 30.03.20..., concluded between the bank and gr..........., The latter was given a loan in the amount of 41,150,000 tenge, for a period of 300 months, at 10% per annum. Under the terms of the agreement, the Borrower has assumed the obligation to repay the loan in the same amount and on time, with payment of remuneration in accordance with the terms of the agreement. The terms of repayment of the loan and the accrual of remuneration for it were fixed in the payment schedule, which is an annex to the agreement.In order to ensure the fulfillment of obligations under the loan agreement, the following mortgage agreements were concluded, as well as guarantee agreements No. 1,2 dated 30.03.20.. as security for the fulfillment of obligations under the agreement. with gr..........., gr..........., Due to financial difficulties on the part of the Borrower, there were repeated written and oral requests to the bank to provide any preferential conditions for fulfilling obligations under the Bank Loan Agreement in hoping to resolve the current situation in a peaceful manner.In connection with partial violations of Contractual obligations, the bank also appealed to the court by the Decision of the District Court No. 2 of Almaly district of Almaty dated February 15, 20.. in the civil case No........ according to the claim of the Joint-Stock Company "Banktsentrkredit" to gr..........., gr..........., gr..........., The Court decided on debt collection: The claims of JSC BankCentrCredit against gr..........., gr..........., gr..........., satisfy.Collect in solidarity with gr..........., gr..........., gr..........., in favor of the Joint-Stock Company "Bank CenterCredit" the debt in the amount of 40,625,719.69 tenge.Collect in a shared manner from gr..........., gr..........., gr..........., in favor of the Joint-Stock Company "BankCentrCredit" expenses for the paid state duty in the amount of 1,218 772 tenge, in equal shares.

Currently, he is a private bailiff of the executive district of Almaty., ............, enforcement proceedings have been initiated and enforcement actions are underway.In connection with the global crisis that has come, which is reported by the Leader of the Nation, President of the Republic of Kazakhstan Nursultan Nazarbayev, in his annual Message to the people of Kazakhstan, Where it was said/suggested to be loyal in difficult times for the people.The difficult times that have developed have not spared the Borrower's family, which have led to a number of undesirable and unpleasant consequences for Borrowers and their families, both financially, It was the same in moral terms, which caused an extremely desperate state to pay off their Loan obligations. Due to financial difficulties, Borrowers have repeatedly applied in writing and verbally to the Bank to provide any preferential conditions for fulfilling obligations under the Bank Loan Agreement in the hope of resolving the current situation in a peaceful manner before the court order. Due to the global crisis, able-bodied family members lost their jobs and were cut from their jobs, as Borrowers are engaged in entrepreneurial activities in the field of services to the public. Due to the crisis, citizens' purchasing power has fallen, respectively, these circumstances have boomeranged business. There were no other financial sources at that time. The hard times are over now.…To date, Borrowers have gone through difficult times, as they work in the service sector. Due to the crisis, citizens' purchasing power has fallen, where they incur losses, but despite the crisis, the Borrower is taking all measures to improve the financial situation.

Due to the above-mentioned circumstances, the Borrowers were unable to pay according to the repayment schedule in accordance with contractual obligations. The financial situation of Borrowers is being restored as time passes.A reasoned letter was sent to the Bank and CHSI about the provision of installments and that the Borrowers intend to continue fulfilling their obligations and pay ot 1 000 000 – 3 000 000 tenge per month, and to improve their financial condition, they undertake, in their own interests, to fully cover the Loan or increase the monthly payment. The above amount is the maximum at the moment, we have asked the Bank and the CHSI, in these difficult times for the Borrowers' family and the entire people of Kazakhstan, to provide installment payments or give any preferential opportunities to fulfill contractual obligations, and resolve the situation peacefully. However, the bank partially satisfied our Application with the requirement that, under the conditions of making an initial payment in the amount of KZT 8,345,292 and further monthly payments of KZT 2,750,000. After that, on the advice of the bank's staff, we re-wrote an application to the bank for the provision of an installment plan for the execution of a court decision for 24 months without an initial payment in equal installments, however, the authorized body of the bank refused us. Today, the Borrower pays monthly for ...... tenge and has already repaid about ................. tenge due to the execution of the court decision.

 

Collateral real estate is also put up for sale in order to enforce the court decision.According to the Law of the Republic of Kazakhstan On Enforcement Proceedings and the status of Bailiffs, Article 40. it provides for Postponement, installment plan, change of the method and procedure of execution, indexation of the amounts awarded, If there are circumstances that make the execution of enforcement actions difficult or impossible, the recoverer or debtor or bailiff has the right to put before the court that reviewed the case, or before the court on the place of execution is the issue of changing the method and order of execution. The issue of postponement or installment of execution, as well as the indexation of the amounts awarded, is decided by the court at the request of the parties to the enforcement proceedings.According to Article 238 of the CPC RK, the Court that reviewed the case has the right, at the request of the persons involved in the dispute, based on the property status of the parties or other circumstances, to postpone the execution of the decision, as well as to change the method and procedure for its execution. Under other circumstances in accordance with paragraph 9 of the Normative Resolution of the Supreme Court No. 6 "On certain issues of the execution of judicial acts in civil cases" dated 06/29/2009 means: the inability of the recoverer to accept voluntary execution from the debtor for valid reasons, or the inability of the debtor for valid reasons to perform actions voluntarily prescribed by the judicial act.

Also according to paragraph 8 of the NP of the Supreme Court of the Republic of Kazakhstan. The debtor's property status as the basis for granting him a deferral or an installment plan means that the debtor cannot voluntarily or forcibly fulfill the obligation in full at one time by selling the property belonging to him, provided for in Articles 20 and 44 of the Civil Code of the Republic of Kazakhstan (hereinafter - GK).The property status of the claimant has no legal significance when considering the issue of granting a deferral or an installment plan for the execution of a judicial act.Deferral or installment payment of enforcement actions, taking into account the debtor's property status, may be granted only if the court is provided with evidence confirming that by the time the deferral or installment periods expire, the debtor will have sufficient property to execute the judicial act.If the debtor has no property that can be foreclosed on, deferral or installment payment of enforcement actions in accordance with Article 240 of the CPC is not provided, and the enforcement document is returned to the recoverer on the basis of subparagraph 2) of paragraph 1 of Article 48 of the Law on Enforcement Proceedings.Provided for in paragraph 14 of art . 541 of the Tax Code of the Republic of Kazakhstan, Individuals and legal entities are exempt from paying state fees in courts for filing applications to the court for postponement or installment of execution of a court decision.We also ask the Court to take into account the difficult financial situation and these difficult times for the borrower and the entire people of Kazakhstan to grant an installment plan/delay in the execution of the court's decision.Based on the above, in accordance with art. 238 of the CPC RK, art. 40 of the Law of the Republic of Kazakhstan "On enforcement proceedings and the status of bailiffs",

I ask the Court:

Provide an installment plan for the execution of the decision of the district court No. 2 of the Almaly district of Almaty dated February 15, 20.. for 24 months with the possibility of monthly payment in equal installments for ............ tenge.

Sincerely, Proxy Representative                          

                                                       ___________________/ Sarzhanov G.T."____"__________20.. the year. 

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       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.  

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