Statement of Claim form for recognition of lawyer's inaction
To the Auezovsky district Court No. 2 of Almaty
Almaty, 050062, Kuanyshbayeva str., 44 A.
phone: +7 (727) 333-12-02
727-3260@sud.kz
The plaintiff: ________________
________________
IIN: ________________
address: ________________
bodys: ________________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibekzholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The defendant: ________________
________________
IIN: ________________
address: ________________
bodys: ________________
STATEMENT OF CLAIM
on recognizing the lawyer's/lawyer's inaction as valid for filing an Application to the court under newly discovered circumstances
In the year 20__ gr. ________________ and ________________ ( Further, the Plaintiffs) applied to the Currency Transit Bank of Semey, East Kazakhstan region, to obtain a business loan. Director of Currency Transit Bank, gr. ________________ She informed the Plaintiffs that the bank could not lend money, but she could personally help them find the necessary amount. After that, she led the Plaintiffs to a neighboring office, where she introduced the deputy of Currency Transit Bank, a previously unknown gr to the plaintiffs. ____________ As a result ____________, The plaintiffs were offered money at interest on the condition that the Plaintiffs would bring in monthly ____________., interest on the loan and will write a receipt with interest, that is, indicating an inflated amount in the receipt..
Since the business needed working capital, the Plaintiffs agreed. Cash resources ___________., They were given out on purpose in her office located in the building of the Currency Transit Bank. Subsequently, the Plaintiffs regularly gave ___________., Monthly cash payments are made in the same bank account.
Statement of Claim form for recognition of lawyer's inaction
Plaintiffs from ___________, funds were received in the total amount of no more than 4,000,000 (four million) tenge, most of this amount was paid by Borrowers. Each amount returned was recorded on the backs of receipts indicating the amount returned and signatures. The receipts were in a single copy, which ___________, She kept and refused to give copies to the Plaintiffs When the global economic crisis hit in 2008, the Plaintiffs were forced to close the business. Having learned about this and that the Plaintiffs are planning a real estate sale ___________, taking advantage of the Plaintiffs' credulity, she demanded that the Plaintiffs write a receipt for the remaining debt with very high interest, indicating the amount of 8,312,000 (eight million three hundred and twelve thousand) tenge, while old receipts, on the backs of which there are records of the amounts returned, ___________, did not take it into account and did not return it to the Plaintiffs.
At the time of writing the receipt dated 30.06.200__, the Plaintiffs DID NOT TAKE money from ___________ and they do not recognize this debt. All payments and debt reports were made solely on account of the remaining debt for 20__ on old receipts and do not constitute recognition of debt on a receipt dated 30.06.200__. After which ___________, 20__ Last year, she applied to the court to recover the amount owed. October 11, 20__ Judge of the Semey City Court of the East Kazakhstan region ___________ having considered the civil case on the claim in the order of simplified (written) proceedings ___________ to ___________and ___________ on Debt Collection, the Court Decided – Claims ___________ to ___________ and ___________ about debt collection to satisfy in full. Collect from ___________, ___________ in solidarity in favor of ______________________ debt in the amount of 7,538,000 tenge. Collect from ___________, ___________ court costs related to the refund of the state duty of 75,380 tenge and expenses for representative services in the amount of 35,000 tenge, postage in the amount of 1,161 tenge, a total of 111,541 tenge in equity in the order in favor of ___________ ___________, 55,771 tenge each.
The Plaintiffs were not notified of the above-mentioned decision of the Semey City Court and were unable to defend their rights in this way in order to protect their interests and restore justice on August 7, 20__ ___________ ( Hereinafter referred to as the Plaintiff) signed a contract for the provision of legal services with gr. ___________ (Hereinafter referred to as the Defendant) who provided the Plaintiff with a copy of the State License (no. __ dated 09/25/20__) to practice law and assured the Plaintiff that he was a licensed lawyer. For the services rendered, the Applicant paid the Defendant, at his request, in the total amount of 735,000 (seven hundred and thirty-five thousand) tenge, while he did not issue any checks to the Applicant, there is only a note signed by the Defendant on receipt of an advance payment in the amount of 400,000 tenge (on the contract form).
After that, the Plaintiff sent an Application to the Semeysky City Court for the cancellation of the court decision, and on September 04, 20__, the Semeysky City Court of the East Kazakhstan region, consisting of the presiding judge. ___________ at the secretary of the court session ___________ with the participation of the applicant's representative ___________. on the basis of a power of attorney dated August 05, 20__, the representative of the plaintiff in the civil case, T. E.S. on the basis of a power of attorney dated August 24, 20__, having considered the application in open court with the use of audio-video recordings ______________________ on the cancellation of the decision rendered in a simplified (written) procedure, the Court determined: ___________ on the cancellation of the decision rendered in the order of simplified (written) proceedings, to satisfy. To cancel the decision of the Semeysky City Court of June 01, 20__ in the civil case on the claim ___________ to ___________ and ___________ on recovery in solidarity with ___________, ___________ in favor of ___________ the amount of the debt in the amount of 7538,000 tenge, the recovery in solidarity of the costs of paying the state duty in the amount of 75380 tenge for 37690 tenge each, a total of 7613380 (seven million six hundred thirteen thousand three hundred and eighty) tenge.
To resume the proceedings and schedule a preliminary court hearing in this case for September 20, 20__ at ____ hours, as the parties were notified on October 11, 20__ by the Semey City Court of the East Kazakhstan region, chaired by a judge ___________ under the Secretary of the court meetings ___________ with the participation of the plaintiff's representative ___________ on the basis of a power of attorney dated 08/24/20__ and warrant no. ___ dated 08/24/20__, having considered in open court using audio-, video recordings civil case on the claim ___________ to ______________________ and ___________ ___________ on debt collection, the Defendants ___________ and ___________ They did not appear at the court session, although they were duly informed of the time and place of the court session.
The court, since the defendants did not inform the court of the validity of the reason for their non–appearance and did not ask to consider the case without their participation, recognizing the reason for their non-appearance as disrespectful, proceeds to consider the case in their absence according to the rules of paragraph 4 of Article 196 of the Civil Procedure Code (hereinafter - CPC), the Court Decided: Claims ___________to ___________ and ___________ to satisfy the debt collection in full. Collect from ___________, ___________ in solidarity in favor of ___________ debt in the amount of 7538,000 (seven million five hundred thirty eight thousand) tenge. Collect from ___________, ___________ court costs related to the refund of the state duty of 75380 tenge and expenses for the services of a representative in the amount of 35,000 tenge, postage in the amount of 1161 tenge, a total of 111541 (one hundred eleven thousand five hundred forty-one) tenge in equity in favor of ___________, 55,771 (fifty-five thousand seven hundred and seventy-one) tenge each. Dear Court, as can be seen from the procedural documents, the Defendant did not participate in the court session and did not defend the Plaintiffs' rights in this lawsuit.
Whereas Article 8 of the Law of the Republic of Kazakhstan on Advocacy and Legal Assistance "Provision of legal assistance in the interests of the client" obliges the Person providing legal assistance to properly perform their professional duties, taking the necessary measures to prevent harm to the interests of the client. As it turned out later, the Defendant was not a member of the bar association and had no right to practice law, thus he violated the requirement of Articles 7 and 15 of the Law of the Republic of Kazakhstan On Advocacy.
In the period from August 20__ to March 20__, the Defendant claimed to the Plaintiff that he was practicing law as the Applicant's representative in a civil case in Semey. As it became known to the Plaintiffs, the Defendant had been misleading the Plaintiffs all this time, deceiving them that he represented the interests of the Plaintiffs and participated in all court sessions in Semey. Currently, the Plaintiff has found out that the Defendant participated in only one trial when the court's decision was overturned in a simplified manner, and the Defendant did not attend subsequent trials, did not participate in the trial, and ignored all court summonses without informing the Plaintiff. In addition, the Defendant convinced the Plaintiff that he had filed an appeal to the Semeysky Court, an appeal to the regional court, that the court's decisions had been made in favor of the Plaintiff and the previous ones had been canceled. In proof, the Defendant promised to provide all copies of the procedural documents. But none of the above was fulfilled by the Defendant.
Due to the lawyer's inaction, the Plaintiff's rights and legitimate interests were violated, which were not protected, the representative's participation in court sessions was not ensured, and appeals were not filed in a timely manner. According to the above-mentioned fact, the Plaintiffs sent a corresponding Statement to the law enforcement agencies on taking measures against the Defendant, after which the Investigator of the Department of Internal Affairs of the Almaly district of Almaty initiated a criminal case under art. 190, part 1, of the Criminal Code of the Republic of Kazakhstan, this fact was registered in the ERDR for no. ___ dated 07/28/20__ of the year. Investigative actions are currently underway, as well as the search for the Defendant for his interrogation as a suspect.
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