Statement of claim for debt collection
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.
To the Zhitikarinsky district Court of Kostanay region
Plaintiff: S.I.I. IIN .... place of residence: G. Zh.., ... cell 8-707-...
Defendant: N.B.A.. IIN .... place of residence: G. Zh..., ... cell 8-775-...
Claim price: 320,000 (three hundred and twenty thousand tenge)
Statement of claim for debt collection
On June 20, 2016, the defendant asked me to sell him a 3-year-old horse on loan. I agreed to sell him a horse on loan, he looked at the horse, it suited him, and we agreed that in six months he would pay me the cost of the horse in the amount of 320,000 tenge. A few days later, I don't remember the exact date, in June 2016, the defendant in the village of Tchaikovsky, Zhitikarinsky district, took a horse belonging to me from the herd. After six months, I asked the defendant to pay me the previously agreed amount for my horse. However, the defendant began to cite financial difficulties and did not pay me the amount stipulated above. I continued to call him periodically for two years and remind him of the debt, but the defendant did not pay the money and "fed" me with promises that he would pay the full amount as soon as he had the opportunity. This continued until August 15, 2018, when I got tired of the defendant's promises, I decided to contact the Department of Internal Affairs of the city of Zhitikar and the district to take measures against the defendant. The police interrogated me, handed me a decision to terminate the criminal case due to the fact that civil law relations were being considered and recommended that I apply to the court in a civil manner. I believe that in accordance with our mutual agreement, the defendant has an obligation to pay me funds in the amount of 320000 tenge. According to the Civil Code of the Republic of Kazakhstan, Article 268. - By virtue of an obligation, one person (the debtor) is obliged to perform a certain action in favor of another person (the creditor), such as: transfer property, perform work, pay money, and so on, or refrain from a certain action, and the creditor has the right to demand that the debtor fulfill his duties. The creditor is obliged to accept execution from the debtor.
Statement of claim for debt collection
439 of the Civil Code of the Republic of Kazakhstan /Special part/ - If the buyer does not pay for the goods transferred in accordance with the contract, the seller has the right to demand payment of the goods and payment of a penalty for using other people's money. According to Article 350 of the Civil Code of the Republic of Kazakhstan, the debtor who has violated the obligation is obliged to compensate the creditor for the losses caused by the violation (paragraph 4 of Article 9 of this Code). To date, the defendant has not paid me any money for the purchase of the horse. The above circumstances are confirmed by the decision to refuse to institute criminal proceedings, according to which the defendant confirmed the above facts. Based on the above and guided by Articles 148-149 of the Civil Procedure Code of the Republic of Kazakhstan, I ask the court to: recover funds from the defendant N.B.A. in my favor in the amount of 320,000 tenge; recover from the defendant N.B.A. in my favor the court costs for the payment of the state fee in the amount of 3200 tenge, the transfer fee money in the amount of 150 tenge, legal assistance for the preparation of a statement of claim in the amount of 5000 tenge, in total in the amount of 8350 tenge; to demand from the Management of the Committee on Legal Statistics and Special Accounts in Kostanay region criminal case No. 183944031000921 on the application of I.S.I. in respect of N.B.A. Appendix: copies of the statement of claim, receipt of payment of state duty, identity card of the plaintiff, address certificate, resolution on termination of the criminal case, receipt for payment of legal aid for drafting a statement of claim.
07.11.2018 I.S.I.
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
