Sample Statement of Claim for recovery of the amount
Attention! The Law and Law Law Firm 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 (700) 978 5755, +7 (700) 978 5085.
District Court no.2 Auezovsky district of Almaty
From the Plaintiff: I.R.K. IIN ...... Nur-Sultan, Almaty district, pr. .., No. 2/7, block No. 10.
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304 info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; +7 727 971 78 58.
Defendant: Expert Plus Collection Agency LLP BIN 151040003422
Almaty, Tole bi str. 298/2. OpenOffice@explus.kz +7(778)870-12-89.
Third party: Private bailiff G. Nur-Sultan Zhagyparov Daniyar Zhumageldyevich
Nur-Sultan, Kabanbai Batyr str. 11, 5th building, 3rd floor, 1st office.
Statement of claim
about collecting the amount
On July 11, 2021, notary E.E.N. executed executive order No. 5068, where the notary, on the basis of Article 92-1 of the Law of the Republic of Kazakhstan "On Notaries", ordered I.R.K. to collect debts in the amount of 270 from I.R.K. in favor of the Limited Liability Partnership Collection Agency Expert Plus (hereinafter referred to as the recoverer) under contract No. 409277002. 000 tenge. In addition, the costs of executing the executive inscription in the amount of 4,726 tenge are subject to collection in favor of the specified legal entity. Accordingly, on the basis of the above-mentioned executive document, on July 29, 2021, Daniyar Zhumageldyevich Zhagyparov, a private bailiff of Nur-Sultan, initiated enforcement proceedings and, as part of the enforcement proceedings, the bailiff took measures to ensure the execution of enforcement documents and thereby, within the framework of Article 55 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs," withdrew the money. in second-tier banks. According to the deposit statement, 77,382.11 tenge was withdrawn on August 17, 2021, and 51,995.62 tenge was withdrawn from the Kaspi Gold account on 08/17/2021 and 30,000 tenge was withdrawn on 08/19/2021. Total withdrawn: 159,377 tenge. Thus, we found out that the reason for this dispute was the fact that Sofi Finance Microfinance Organization LLP (hereinafter referred to as the Lender) and I.R.K. (Hereinafter referred to as the Borrower) concluded a microcredit agreement No. 409277002 dated August 29, 2020 (hereinafter referred to as the Agreement), the loan amount is 135,000 tenge. However, the borrower did not sign this agreement and did not apply for a microcredit. This agreement is invalid due to the following circumstances:
Contact information specified in the contract (mobile phone 707...., e-mail ....@bk.ru ) do not belong to the borrower;
The residential address is indicated in Almaty, K.... – 71, whereas the borrower resides at the address: Nur-Sultan, Almaty district, Bauyrzhan Momyshuly Ave., no...., sq. no. 10.
According to the statement on Kaspi Gold for the period from 08/25/20, to 09/15/20, the Borrower does not have the fact of transferring money from the Defendant's company, Sofi Finance MFO. It was also found out that an assignment agreement was concluded between the Sofi Finance MFO and the Expert Plus Collection Agency Limited Liability Partnership.
Sample Statement of Claim for recovery of the amount
On April 14, 2022, the Medeu District Court of Almaty K.G.S., having considered the civil case No. 7517-22-00-2/197 on the claim of I.R.K. against Sofi Finance Microfinance Organization LLP, Expert Plus Collection Agency LLP, CHSI Nur-Sultan Zhagyparov Daniyar Zhumageldievich on the recognition of the contract on the provision of the microcredit as invalid, The Court Decided to partially satisfy the Claim of I.R.K. To invalidate the microcredit agreement No. 409277002 dated August 29, 2020, concluded between I.R.K. and Sofi Finance Microfinance Organization LLP. Since the court's decision came into force, we have filed an application with the regional Chamber of Private Bailiffs of Almaty, where they demanded to initiate enforcement proceedings on the basis of writ of execution No. 7517-22-00-2/197-1 and take all measures to ensure the execution of the writ of execution. According to paragraph 3, art. 157-1 of the Civil Code of the Republic of Kazakhstan in case of invalidity of the transaction, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return in kind (including when the received is expressed in the use of property, work performed or services provided) - to reimburse the cost of the returned property, the cost of using the property, work performed or services rendered in money, unless other consequences of the invalidity of the transaction are provided for by this Code or other legislative acts of the Republic of Kazakhstan. On June 1, 2022, CHSI Abyshev Almas Alievich initiated enforcement proceedings by his Decree and, as part of the enforcement proceedings, collected representative expenses and state duty in favor of the Recoverer. However, regarding the recovery of the amount of the invalidated transaction, the CSI did not comply because it referred to the fact that there was no writ of execution in this part. Accordingly, to date, we have not yet received the illegally recovered money as part of the enforcement proceedings. Based on the above paragraph 4, art. 157-1 of the Civil Code of the Republic of Kazakhstan, I ask the Court:
To collect from the Limited Liability Partnership "Collection Agency "Expert Plus" in favor of I.R.K., the amount of 159 377 tenge;
To collect from the Limited Liability Partnership "Collection Agency "Expert Plus" in favor of I.R.K., the costs of paying the state fee in the amount of 1,594 tenge.
Sincerely, Lawyer: ___________/ Sarzhanov G.T.
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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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