Sample Response to a statement of claim to the court for debt collection
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.
To the Specialized Inter-district Economic Court of Almaty to the Judge __________________
050008, Almaty, __________________ 8 (727) ________________
from the Defendant: : Individual entrepreneur "_______________"
in the face of ____________________ IIN: __________________
Location: Almaty, ____________________
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave., 50,
office 202, Business center Block. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Response to the statement of claim
on debt collection in connection with non-fulfillment of obligations under the transaction
Q, is there a civil case in your production regarding debt collection in connection with non-fulfillment of obligations under the transaction at the claim of the LLP "__________________", ( next is the Plaintiff) to the sole proprietor's respondent "__________________" in the face of __________________ ( hereinafter referred to as the Defendant) on the recovery of the amount owed in connection with
non-fulfillment of obligations under the transaction. According to which the Plaintiff motivates his claims that on __ August 20__ of the year between the LLP "__________________", next, the "plaintiff" and the sole proprietor "__________________" hereinafter referred to as the "defendant", a transaction was concluded, in accordance with the invoice and payment order dated __ August 20__, for the development of the website in the amount of 225,000 (two hundred and twenty-five thousand) tenge, in accordance with the correspondence by e-mail and Watsapp, the defendant undertook to produce the website within thirty days of the approval of the design. However, in the future, the defendant began to delay, first with the development of the design, which was practically made by us and approved only on __ November 20__. In accordance with the contract that was provided to us, the defendant assumed obligations to fulfill his obligations in full within 30 days from the moment of signing the design of the pages. However, the work had not been completed before the lawsuit was filed.
In accordance with our business correspondence conducted via Whatsapp and E-mail. 152 of the Civil Code of the Republic of Kazakhstan, which are valid if it is possible to determine the subjects and their expression of will from the content. All screenshots and copies show that the correspondence was conducted with the head of the sole proprietor. "__________________"__________________ Instead of fulfilling his obligations, the "defendant" was simply looking for reasons to delay the work for unknown reasons.We do not agree with the above arguments of the Plaintiff because according to Article 151 of the Civil Code of the Republic of Kazakhstan "__________________" provided by 1. Transactions are made orally or in writing (simple or notarized). and the fact that a Transaction for which the legislation or agreement of the parties does not establish a written (simple or notarized) or other specific form can be completed orally, in particular, all transactions executed at the very time of their commission. Such a transaction is considered completed even if the person's will to make the transaction is evident from his behavior. A transaction confirmed by the issuance of a token, ticket, or other commonly accepted confirmation mark is deemed to have been concluded orally, unless otherwise provided by law. Silence is recognized as an expression of the will to make a deal in cases stipulated by law or by agreement of the parties. Transactions in fulfillment of a written contract may be made orally by agreement of the parties, if this does not contradict the legislation.
In accordance with the specified article between the LLP "__________________" and sole proprietors "__________________" A civil law agreement was concluded where the Defendant undertook to develop a website for company a, the Plaintiff has undertaken to pay for and accept the Defendant's work. Subsequently, on __ August 20, a payment was received to our Defendant's account, and subsequently, the Defendant began work on the development of the Website._ On _ August 20__, on the 4th business day, the Defendant sent the layout of the main page of the website. However, on __ August of this year, the Defendant received comments from the Plaintiff that the Plaintiff did not like the layout at all and needed to completely redo it. Accordingly, the Defendant developed a new website layout and on __ August they re-sent the Plaintiff a new layout of the main page. (Layout no.___).On the same day, the Defendant re-received similar edits from the Plaintiff stating that the layout was not completely satisfactory, and subsequently, after negotiations, on August _, they received official edits from the Plaintiff by mail. Based on the edits made by the Respondent on September __, the new layout of the main page was re-designed taking into account the edits. (Layout no. ___) and re-sent to the Plaintiff. On the same day, we received comments and additionally the Plaintiff asked for changes and additions. On September _, the Defendant sent an updated layout. (Layout no.___). On the same day, we received comments where the plaintiff no longer liked his own edits, but however, the Defendant, having gone to the meeting, re-developed a new website layout taking into account the Plaintiff's edits and sent an updated layout (Layout no. ___) on September __.On the same day, comments were received from the Plaintiff, where the plaintiff requested to redo and an updated layout was sent on September __ (Layout no.___).On the same day, we received comments where the plaintiff also did not like __ September, an updated layout was sent (Layout no.___).And finally, on __ September, the Respondent received the approval of the main page._ On September _, the respondent sent 2 variants of the “Catalog” layout and on September_, they received comments that the catalog was not at all satisfied. _ On September_th, an updated catalog with individually drawn icons was sent.
On the same day, we received comments on the style and started drawing new icons. __ October received additional comments on the icons and a full list of services. _On October 24, we sent the corrected layout to the Plaintiff by mail.On the same day, we received comments about making changes and additions where the changes were made by the Defendant on October __ and were re-sent.And this time I didn't like the Layout at all, although initially it seemed to sympathize with the Plaintiff. Subsequently, the Defendant asked the Plaintiff to sort it out and provide us with an accurate answer. After that, the Plaintiff did not get in touch and the Defendant __ October, the Plaintiff was disturbed in order to receive a specific answer. On the same day, the Plaintiff agreed on the layout of the catalog.Subsequently, the work continued and on __ October, the Defendant sent two more layouts of the internal pages. After that, we requested information for the following pages._ On October 25, the plaintiff replied to us and gave us information on the structure of the site. On October 25, we sent two more layouts (according to which the site structure was given)._ On __ October, the Plaintiff gave extensive comments on the layouts of the site on which the Defendant carried out a number of work, and on __ October, the Defendant sent the layouts by mail. On the same day, the Plaintiff received comments on the site, and we re-requested information on the remaining pages._ On __ October, the defendant sent 2 mockups of updated pages, namely (a product card with calculators) and on __ October, another page was sent. (Contacts), on November __, they sent the layouts to the post office for approval, and re-requested information on the remaining pages. On the same day, we received comments on which the Plaintiff requested changes and the Defendant sent the corrected layouts on November __. On November 6, we received repeated comments on the site about the need to make changes._ On __ November, corrected layouts were sent to the Plaintiff, which received comments on corrections on the same day. After __November, the corrected layouts were sent. On November 10, we received comments. _ Corrected layouts were sent on November _. _On November, we received comments and approved layouts.
On the same day, we received a structure based on the “Product Card” page without a calculator.__On November, they sent the remaining approved pages. And comments on the product profile. __In November, we sent you more complete information on the product card. _ On November _th, we sent the corrected layout.__ November received additional information. _ On November _th, an updated layout was sent. _ On _ November, we received the final approval of the last page. This means that the deadline for the project (after 30 days) is January __._ On January 1, we sent a link to the demo version of the website. (All pages were checked, there was no functionality of calculators, delivery calculations) We received comments on the same day._ On January 1, the “Delivery” functionality was implemented. We were still waiting for information on the calculator._ On January 1, we re-requested information on content content and calculators. _ On January 1, we asked them for information again. _ On January __, they sent information for filling, before ___ we were busy filling and found that no information had been received on the calculators so far._ On _ January, we wrote to them and re-requested the algorithms and information on concluding a contract with paybox __ On February, they sent us access to paybox, but there were still no algorithms. By March __, we had not received any letters from them, and on March __ we received a letter saying that they wanted to terminate the Contract with us.Dear court, it follows from the above circumstances that the Plaintiff maliciously used his position as a customer, whereas in the oral agreement it was agreed simply to make a website and hand it over, and not as the Plaintiff requires.For his part, the Defendant did everything and did a great job of creating a website in order to please the Plaintiff.According to article 150. The Civil Code of the Republic of Kazakhstan "Transactions made under a condition" defines a transaction as completed under a suspensive condition if the parties have made the occurrence of rights and obligations dependent on a circumstance regarding which it is unknown whether it will occur or not. If the occurrence of the condition has been unfairly prevented by the party to whom the occurrence of the condition
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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