Statement of claim for debt recovery
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In _________________ The court
The plaintiff: ________________________________
IIN ________________________________
Location: Almaty region, ________________________
Phone: 8 ________________
The defendant: ___________________
STATEMENT OF CLAIM
(about debt collection)
Between me, ________________________________ ( next– the Plaintiff), and gr. ________________________________ ( hereinafter referred to as the Defendant), a civil law agreement was concluded in accordance with Articles 716 (Form of loan agreement), Articles 150-152 (Form and terms of a written transaction) of the Civil Code of the Republic of Kazakhstan, pursuant to which I, gr.______________________________, transferred for personal use to gr. ________________________________ on a reimbursable basis, funds in the amount of 3,000 (three thousand) dollars, as indicated in a corresponding receipt dated February __, 20__. ________________________________ undertook to return the received funds in the amount of 3,000 (three thousand) dollars within a month from the date of receipt, that is, until March 20, as indicated in the receipt.
I have repeatedly appealed to the Defendant with a demand to repay the debt, but all my appeals have been unsuccessful. Thus, more than a year has passed. _ On March 20, I sent a Pre-trial Claim to the Defendant, where the Defendant was asked to return funds in the amount of 3,000 (three thousand) dollars to the Plaintiff by March 20, 20. However, all my attempts to resolve the situation peacefully were unsuccessful. To this day, I have not received my money.
Statement of claim for debt recovery
Dear Court, based on the above arguments, I believe that the Defendant violated the terms of contractual obligations to repay the debt. Currently, the Defendant is not fulfilling its obligations (in accordance with paragraph 1 of Article 349 of the Civil Code of the Republic of Kazakhstan, violation of an obligation is understood as non–fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper fulfillment), which is unacceptable according to Article 272 of the Civil Code of the Republic of Kazakhstan.
In this regard, I have the opinion that the Defendant's actions are aimed at seizing funds through deception and abuse of trust. In accordance with art. 272 of the Civil Code of the Republic of Kazakhstan, the obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements – in accordance with business practices or other commonly imposed requirements. In accordance with art . 349 of the Civil Code of the Republic of Kazakhstan, a violation of an obligation is understood as its non–fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper fulfillment. In case of impossibility of proper execution, the debtor is obliged to immediately notify the creditor about this. The debtor is held liable for breach of an obligation at the request of the creditor.
359 of the Civil Code of the Republic of Kazakhstan, the debtor is responsible for non-fulfillment and (or) improper fulfillment of obligations in the presence of guilt, unless otherwise provided by law or contract.
Statement of claim for debt recovery
By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. Based on the above and guided by Articles 272, 349, 359 of the Civil Code of the Republic of Kazakhstan and Articles 8, 15 of the Civil Procedure Code of the Republic of Kazakhstan,
I ASK THE COURT:
Collect from the defendant ________________________________ in favor of ________________________________ the amount of debt in the amount of 3,000 (three thousand) dollars;
Collect from the defendant ________________________________ in favor of ________________________________ paid state duty in the amount of 8,830 tenge;
To secure the claim, to seize all movable and immovable property owned by private ownership, as well as all bank accounts held in second-tier banks of the defendant ________________________________.
With respect,
Representative by proxy:
_____________/Sarzhanov Galymzhan Turlybekovich
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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