Statement of claim to the court to appeal the Notary's inaction
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 a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Kazybekbiysky district court ofKaraganda, Karaganda, 100000, Yerubaeva St. 9,
The plaintiff: Xxxxxx xxxxxx xxxxxx IIN xxxxxxxxxxxxxx Almaty, ul. .......... +7 775 xxx xx xx
Representative by proxy: Law Firm LLP Law and Law"
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 700 978 57 55.
The defendants: Private notary Bupeeva Zhuzim Baltashevna IIN, Karaganda, ul.Ermekova,
73, office 111. +7 701 204 91 01
Musin's Private Notary Almagul Kaidarovna, Karaganda, ul.Yerubayeva, 32, 9. IIN +7 (721) 278 48 40
Statement of claim
on appealing against the Notary's actions/omissions
The plaintiff is a creative person: he draws, sews and does needlework, in fact, this is a small business on Instagram. Her clients often write to the Plaintiff asking about her works, respectively, the Plaintiff is used to when her IIN or bank account number is requested for payment for her goods. On October 15, 2019, a potential client wrote to the Plaintiff in the Whatsapp messenger, becoming interested in her product. The correspondence was standard, and at the end of the dialogue, the client began requesting the Plaintiff's IBAN account number to make the payment. The Plaintiff unknowingly wrote the IBAN account number, since the client claimed that he would pay by transfer from another bank account. Thus, after some time, the amount of 60,000 tenge was credited to the Plaintiff's account. Although the cost of the product was 13,000 tenge. After that, the potential client wrote via Whatsapp messenger, claiming that he had dropped 60,000 tenge by mistake and asked to transfer this amount to his account, but did not provide the account number for the transfer. Further, the plaintiff, for her own persuasion, called the client requesting confirmation of the transfer made by him - an electronic check. However, after the Plaintiff's request to confirm the transfer, the potential client hung up the phone and blocked the Plaintiff's phone number.
After the actions committed by the potential client, the plaintiff suspected that he was a fraudster. Later, the Plaintiff contacted Kaspi Bank to find out where this amount came from. Kaspi Bank provided the following response: that this amount was received from the National Bank account. Next, the Plaintiff contacted the People's Bank, where she received the following response: since the Plaintiff is not a customer of Halyk Bank, for confidentiality reasons, the Bank's employees were not allowed to provide information on the transfer, namely from which account the transfer was made and the account holder. Due to the refusal by the People's Bank and the inability to find out where and by whom the transfer was made, the Plaintiff stopped trying to find the sender of the money. On August 25, 2020, a private notary of the city of Karaganda xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx State license No. 0000977 dated 07.11.2007., the Executive inscription ordered to collect from XXXX xxxx xxxxxx in favor of LLP “Collection Agency "Expert plus" the amount of debt for the period from 10/15/2019 to 08/25/2020 in the amount of 69,641 tenge and the costs of making an Executive inscription in the amount of 4,167 tenge, the costs incurred in sending letters of notification of the commission of an executive inscription 510 tenge, a total of 74,318 tenge.
Statement of claim to the court to appeal the Notary's inaction
On October 12, 2020, the Plaintiff received a warning notice from a Private Bailiff in Almaty xxxxxx (hereinafter referred to as the CSI) about appearing before a private bailiff, and also during a telephone conversation, the CSI informed him that on the basis of Executive Inscription No. 137629 dated August 25, 2020 issued by private notary Musina Almagul Enforcement proceedings were initiated against Kaidarovna.6874/20-75-4576 . CHSI also reported that notary xxxxxxxxxxxxxx has terminated the notary's activities. After that, the Plaintiff, perplexed, turned to Capvia LLP and Fincap LLP to clarify the loan agreement, which she did not know existed, and hoped that this Agreement was formed due to a system error. But the employees of these organizations confirmed that the Contract is not the result of any mistake, but is valid. The Plaintiff was provided with the Contract in an electronic version via the Whatsapp messenger. Much to our surprise, it turned out that 15 October 2019 between XXXXX XXXX XXXXX LLP "Fincap" Fincap was awarded a Contract for the provision of online loan no 277729001 (hereinafter – the Agreement), under which the plaintiff was given an online loan in the amount of 60 000 (sixty thousand) tenge for a period of 30 (thirty) calendar days. According to clause 1.3 of the Agreement, the interest rate for using the loan is 0 tenge per day. At the same time, the annual effective remuneration rate is 0.00%. The total amount of remuneration for the entire term of the loan is 3420.00 (three thousand four hundred twenty) tenge.
Statement of claim to the court to appeal the Notary's inaction
The Contract specifies the mobile phone number +7 747 xxxxxxxxxx, however, the number specified in the Contract is not the Plaintiff's phone number. Also, e-mail - imanali65@mail.ru does not belong to the Plaintiff. The Plaintiff had not previously applied to the Defendant for a loan, and also had not been registered on the Defendant's official Internet resource. The phone number registered with the Plaintiff and used by the Plaintiff is +7 775 xxx xx xx. After that, the Plaintiff wrote an objection to the writ of execution and sent it via Kazpost to notary xxxxxxxxxxxxxx, but Kazpost returned the sent letter back to the sender. The plaintiff also immediately appealed to the territorial notary chamber of the Karaganda region (hereinafter referred to as the Chamber) with an objection to the executive inscription, to which the Chamber replied that it did not have the right to cancel the executive inscription and it was necessary to expect a successor. After that, the Plaintiff repeatedly called the Chamber to clarify the legal successor, and it was only on November 12, 2020 that she learned that Bupeeva Zhuzim, a private notary, had been appointed as the legal successor. Baltashevna.
Statement of claim to the court to appeal the Notary's inaction
November 13, 2020 via Kazpost sent an objection to the executive inscription to Bupeeva's legal successor Zhuzim Baltashevna, and on November 16, 2020, it was successfully delivered to the addressee. To date, there has been no response to the notary's executive order within the prescribed time frame. Bupeeva Zhuzim Baltashevna was not received. In accordance with paragraph 1 of art. 92-8 of the Law, the notary issues a resolution on the cancellation of the executive inscription no later than three working days from the date of receipt of the objection. Copies of the resolution on the cancellation of the executive inscription are sent to the recoverer and the debtor no later than the next business day after its issuance. According to clause 2. of art. 92-6 of the Law on Notaries, it is stipulated that the Debtor has the right, within ten working days from the date of receipt of a copy of the executive inscription or the relevant resolution, to send objections to the stated claim in writing with notification to the notary who executed the executive inscription or issued the relevant resolution. In accordance with paragraph 2 of art. 92-1 of the Law of the Republic of Kazakhstan "On Notaries" (hereinafter referred to as the Law), on the basis of an executive inscription or a corresponding resolution, debt is collected for the following indisputable requirements for the performance of an obligation based on a written transaction, the due date of which has come and the default of the obligation is recognized by the debtor, including in response to a claim sent to the recoverer in the pre–trial settlement of the dispute. In our case, the Claimant's claim is not indisputable.
152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved. In paragraph 14, Methodological recommendations, as well as in paragraph 1, art. 92-8 of the Law, it is strictly stipulated: If a written objection to the claim submitted to him has been received from the debtor within the prescribed period, the notary issues a resolution no later than three working days from the date of receipt of the objection. 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.
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
