Statement of claim for recovery of the amount of debt on receipt
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 district court no.2 Auezovsky district of Almaty
the plaintiff: ___________________ IIN _________________
address: _________________ tel.: _________________
Representative by proxy:
Law Company Zakon i Pravo LLP
BIN 190240029071 Almaty, Zhibek Zholy ave.,
50, office 202, Business center Block info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5755 the defendant:
R.Murat
IIN _________________ address: _________________ tel.: _________________
Statement of claim for debt recovery
Between gr. _________________ ( further – the Plaintiff) and gr. _________________ ( hereinafter referred to as the Defendant), a civil law agreement was concluded in accordance with art. 152 The Civil Code of the Republic of Kazakhstan "Written form of the transaction", pursuant to which the Plaintiff transferred funds to the Defendant for personal use on a reimbursable basis in the amount of 10,000,000 (ten million) tenge, as indicated in a corresponding receipt dated July _______, and the Defendant, in turn, pledged the funds received in the amount of 10,000,000 (ten million) tenge to be returned by __ August ______ of the year, as indicated in the receipt. However, the Defendant did not return the money before the deadline indicated in the receipt, and all the Plaintiff's verbal requests for a refund were unsuccessful. 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.
By virtue of Article 273 of the Civil Code of the Republic of Kazakhstan, unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed. According to paragraph 1 of Article 277 of the Civil Code of the Republic of Kazakhstan, if an obligation provides for or allows determining the day of its fulfillment or the time period during which it must be fulfilled, the obligation must be fulfilled on that day or, accordingly, at any time within such a period. _ On August ______, we sent a pre-trial claim to the Defendant, in which the Defendant was asked to return funds in the amount of 10,000,000 (ten million) tenge to the Plaintiff by __ August _____. But all attempts to resolve the current situation peacefully were unsuccessful. To this day, the Plaintiff has not received his funds. Thus, the Defendant is not fulfilling his obligations to return the funds.
In accordance with paragraph 1 of Article 349 of the Civil Code of the Republic of Kazakhstan, a violation of an obligation is defined 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. According to clause 1 of Article 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. 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.
According to clauses 1 and 2 of art.144 of the CPC RK, cases in simplified (written) proceedings are considered by the court according to the rules of Chapter 14 of this Code with the specifics established by this chapter. Cases in simplified (written) proceedings are considered by a judge within one month from the date of acceptance of the application. The time limit for consideration of the case in a simplified (written) procedure cannot be extended. In accordance with subclause 2, clause 1, Article 145 of the Civil Procedure Code of the Republic of Kazakhstan, cases are subject to simplified (written) proceedings, regardless of the price of the claim for claims based on documents submitted by the plaintiff establishing the defendant's monetary obligations and (or) documents confirming the debt under the contract. According to paragraph 1 of Article 109 of the CPC RK, the party in whose favor the decision was made, the court awards, on the other hand, all court costs incurred in the case.
In accordance with paragraph 1 of Article 113 of the CPC RK, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. Since the Defendant's receipt indicates the Plaintiff's right to collect the amount owed in the courts of Almaty, we have chosen the district court no.2 Auezovsky district of Almaty. According to art.32 of the CPC RK, the parties may, by agreement between themselves, change the territorial jurisdiction for this case, including in cases pending before the court, at the stage of preparing the case for trial. Based on the above,
I ask the Court:
Collect from gr. _________________ in favor of gr. _________________ the amount of debt in the amount of 10,000,000 (ten million) tenge. Collect from gr. _________________ in favor of gr. _________________ the cost of paying the state fee in the amount of 100,000 (one hundred thousand) tenge.
Collect from gr. _________________ in favor of gr. _________________ the costs of paying for the assistance of a representative in the amount of 200,000 (two hundred thousand) tenge.
To secure the claim, seize all movable and immovable property owned by private ownership, as well as all bank accounts held in second-tier banks of the Russian Federation.. _________________.
Gr's statement of claim. _________________ to gr. _________________ to consider the recovery of the amount of debt in a simplified (written) procedure.
With respect,
General Director of Law Company Zakon i Pravo LLP
Kayshybekov M.E.
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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