Statement of claim for recovery of the amount owed and expenses for the payment of the representative's assistance

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In Yenbekshi Kazakh District Court of Almaty region

Esik, Sadovaya str., 194. 8 (72775) 4-14-36

Plaintiff: ....... Esiet Albasovna IIN .........

Proxy representative: Galymzhan Turlybekovich Sarzhanov

IIN: 850722301036. Almaty, Medeu district,050002,

50 Zhibek Zholy Ave., office 202, Business center Block. info@zakonpravo.kz / www.zakonpravo.kz

+ 7 (708) 578 57 58.

Defendant: ...... Suhrat Magamedzhanovich IIN: ....... The Admatinsk region,

Enbekshikazakh district, 040450,

the village ........ Bizhanova, Shirokaya str., 4.      

STATEMENT OF CLAIM

(about debt collection)

January 27, 2018 between ……… Esiet Albasovna (dale the Plaintiff) and gr........ Suhrat Magamedzhanovich (hereinafter the Defendant) concluded a civil law agreement in accordance with articles 716 (Loan Agreement form), 150 – 152 (Form and terms of the written transaction) of the Civil Code of the Republic of Kazakhstan, pursuant to which the Plaintiff transferred funds to the Defendant in the amount of $ 8,000 (US dollars) for the provision of services, however, the Defendant, due to non-fulfillment of its obligations, accordingly undertook to return the funds received on a reimbursable basis in the amount of $ 8,000 (US dollars). four days, that is, until February 01, 2018, about which a corresponding receipt was drawn up in the presence of the witnesses indicated in the receipt.

Statement of claim for recovery of the amount owed and expenses for the payment of the representative's assistance

All verbal requests for a refund are dissuaded by the Defendant with breakfast or financial difficulties, after which, on November 26, 2018, a Pre-trial Claim was sent to the Defendant and the Defendant was asked to return the funds in the amount of $ 8,000 (US dollars) To the Plaintiff within the time period specified in the Claim. In case of non-return of funds within the specified period, we reserve the right to apply to the court on this issue. As well as to recover the amount of material (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and moral damage and/or apply to other competent authorities. However, all the Plaintiff's attempts to resolve the situation peacefully were unsuccessful. To this day, there is no response and fulfillment of its obligations. Based on the above arguments, we believe that the terms of contractual obligations to repay the debt were violated. As a result, the Defendant had a debt of $ 8,000 (US dollars). Article 9, paragraph 4, of the Civil Code of the Republic of Kazakhstan. "Protection of civil rights" states that a person whose right has been violated may demand full compensation for damages caused to him, unless otherwise provided by legislative acts or a contract.

Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits). Currently, the Defendants are not fulfilling their obligations (Violation of an obligation is understood as non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions defined by the content of the obligation) - improper fulfillment of part 1 of Article 349 of the Civil Code of the Republic of Kazakhstan), which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan. Thus, the Defendants caused real material and moral damage to the Plaintiff and his family. In these circumstances, we require the Defendant to return the funds in the amount of $ 8,000 (US dollars) at the time of payment of the State Duty in accordance with paragraph 1, paragraph 1, Article 535 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code)", the dollar exchange rate was 370 tenge per $ 1 (dollar The total amount of debt amounted to 2,963,920 tenge. Due to the failure of the Defendants to fulfill their obligations, we have the opinion that the Defendants' actions are aimed at seizing property by deceiving and abusing the Plaintiff's trust.

Statement of claim for recovery of the amount owed and expenses for the payment of the representative's assistance

In accordance with Article 272 of the Civil Code of the Republic of Kazakhstan, "The obligation must be fulfilled 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 Article 349 of the Civil Code of the Republic of Kazakhstan, "Violation of an obligation means 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." Article 359 of the Civil Code of the Republic of Kazakhstan. "The grounds for liability for breach of an obligation" are specified 1. The debtor is responsible for non-fulfillment and (or) improper fulfillment of the obligation in the presence of fault, unless otherwise provided by law or contract. The debtor is found innocent if he proves that he has taken all measures in his power to properly fulfill the obligation.  A person who has failed to fulfill or improperly fulfilled an obligation in carrying out business activities is liable for property liability unless he proves that proper fulfillment was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions (natural disasters, military operations, etc.). Such circumstances do not include, in particular, the absence of in the market of goods, works, or services needed for execution.

Article 30. "Jurisdiction at the choice of the plaintiff", paragraph 6, provides that claims arising from contracts that specify the place of performance may also be filed at the place of performance of the contract. Also, paragraph 12 of the above-mentioned article defines that Claims against several defendants may be filed at the place of residence or location of one of the defendants at the plaintiff's choice. and paragraph 13 of the Article gives the Plaintiff the right to choose between several courts that, according to this article, have jurisdiction over the case, belongs to the plaintiff, with the exception of the jurisdiction established by Article 31 of this The Code. 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.

Statement of claim for recovery of the amount owed and expenses for the payment of the representative's assistance

113, 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 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. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices. According to the CPC RK, Article 144. Procedure for simplified (written) proceedings provides: 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. The court issues a ruling on the consideration of the case according to the rules of the claim procedure in the general procedure if: a petition has been filed by the party. When applying to the court with this claim, the Plaintiff, in accordance with paragraph 1, paragraph 1, Article 535 of the Code of the Republic of Kazakhstan "On Taxes and Other mandatory payments to the Budget" (Tax Code),"is forced to pay a state fee in the amount of 1% of the amount of the claim, with a bank commission in the amount of 8,830 tenge. Based on the above and compliance with the Civil Code of the Republic of Kazakhstan, the CPC of the Republic of Kazakhstan, I ASK THE COURT:

Collect from the defendant ........... Suhrat Magamedzhanovich in favor of ........ Esiet Albasovna the amount of debt in the amount of 2,963,920 tenge;

Collect from the defendant ............ Suhrat Magamedzhanovich in favor of ........ Esiet Albasovna paid the state fee in the amount of 8,830 tenge;

To recover Suhrat Magamedzhanovich from the defendant Saparov in favor of .......... Esiet Albasovna the amount of expenses incurred to pay for the assistance of a representative in the amount of 100,000 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........ Sukhrat Magamedzhanovich.

Sincerely, Proxy Representative: _____________/Sarzhanov Galymzhan Turlybekovich "___"____________2018 year 

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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