The form is a sample statement of claim for the recovery of the amount owed
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To the Talgar District Court of the Almaty region, Almaty region,
Talgar district, Talgar city, ____________________________ 8 ____________________________
The plaintiff: ____________________________ IIN ____________________________.
city of Almaty, ____________________________. +7 ____________________________.
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibekzholy ave., 50, office 202,
Business center Quarter. info@zako npravo.kz / www.z akonpravo.kz + 7 (708) 578 57 58.
Defendants: gr. ____________________________ IIN ____________________________
Almaty region, ____________________________ Phone: 8 ___________________
gr. ____________________ IIN ______________________ Almaty region, Zhambyl region
district, _______________________ Phone: .....
STATEMENT OF CLAIM
about collecting the amount of debt under the car rental agreement with subsequent purchase
__ April 20__ of the year between ____________________________ ( further, the Plaintiff is the Landlord) and gr. ____________________________(hereinafter referred to as the Defendant Tenant) A car rental Agreement was concluded with subsequent purchase (hereinafter referred to as the Agreement).According to paragraphs 1 and 2 of the Agreement, the "Lessor" undertakes to provide the "Lessee" with temporary possession and use for a fee, with subsequent redemption upon payment of the entire cost, the following property: Mercedes-benz 230E car, 19__ year of manufacture identification number (VIN) No. ____________________________, registration number №____________________________, owned by the "Landlord" on the right private property, without the provision of services by the Lessor for its management and technical operation. The specified car belongs to the "Lessor" by right of ownership on the basis of the AS series Registration Certificate. №____________________________, from __.06.20__ of the year issued by the Administrative Division of the DVD the city of Almaty.According to clause 3 of the Agreement, the parties agreed that the rent is 6,000 tenge per day until __ November 20__ and 5,500 tenge per month until the end of the Lease term until __.11.20__. The "Tenant" undertakes to pay the rent payment daily before 20:00, if there is a payment at a later time, it is considered late, which the Tenant must pay no later than the next day before 20:00. By agreement of the parties, the payment can be made every 10 days in advance. The payment is recorded in a statement, which is drawn up in two copies, one for each party.
Provided for in clauses "A", clause 8 of the Agreement in case of non-payment of the daily payments stipulated in clause 3 of this Agreement within 3 (three) days. At the same time, all previously paid amounts remain with the "Landlord".I would like to note the 19th clause of the Agreement, which stipulates: If, as a result of a violation of the terms of this Agreement, namely non-payment of daily payments within 6 (six) days, the "Lessor" decides to terminate this Agreement and seize the Car from the "Lessee", the latter undertakes to reimburse the "Lessor" for the entire cost of restoring the previous condition taking into account the normal wear and repair of the Car, if required.p. 22, The "Tenant" for late payment for using the Car pays a fine of 1,500 (one thousand five hundred) tenge for each day of delay.p. 23, Payment of fines for the Car is the main payment, and until it is made, incoming daily payments will be credited to the repayment of arrears on them, and only after the fine is paid, it will be accepted as payment under the contract.
Under this Agreement, in accordance with paragraph 3, Article 331 of the Civil Code of the Republic of Kazakhstan. The written form of the guarantee or surety agreements signed by the defendant gr. ____________________________, __ On June 20, a Guarantee was written, which was notarized, as evidenced by the corresponding Guarantee from __ June 20__, it was in applications where gr. ____________________________, ( further, the Defendant) undertook that he "gr. ____________________________, __.05.19__ year of birth, IIN ____________________________, a native of Zhambyl region, residing at the address: Almaty region, ____________________________, by this warranty obligation you are obligated to gr. ____________________________, IIN ____________________________, fulfill the obligations of gr. ____________________________, __.04.19__ year of birth, IIN ____________________________, under the lease agreement with the subsequent purchase of the car, in case of non-fulfillment of ____________________________, its obligations under the lease agreement with the subsequent purchase of a Mercedes-benz 230E car, model year 1991 identification number (VIN) № ____________________________, registration number №____________________________, in the amount of 1,393,000 (one million three hundred and ninety-three thousand) tenge. I won't have any further complaints."Article 329 of the Civil Code of the Republic of Kazakhstan, "Guarantee". By virtue of the guarantee, the guarantor is obligated to the creditor of another person (the debtor) to be responsible for fulfilling the obligations of this person in full or in part in solidarity with the debtor, except in cases provided for by legislative acts. The persons who jointly gave the guarantee are jointly and severally liable to the creditor, unless otherwise stipulated by the guarantee agreement. A guarantee agreement may also be concluded to secure an obligation that arises in the future.Article 332 of the Civil Code of the Republic of Kazakhstan. "Responsibility of the guarantor and the guarantor" item 2. It states that the guarantor is liable to the creditor to the same extent as the debtor, including payment of penalties, remuneration (interest), court costs for debt collection and other losses of the creditor caused by non-fulfillment or improper fulfillment of obligations by the debtor, unless otherwise provided by the guarantee agreement.
Article 357 of the Civil Code of the Republic of Kazakhstan. "Subsidiary liability" - If the principal debtor has refused to satisfy or has not fully fulfilled the creditor's claim or the creditor has not received from him a response to the claim within a reasonable time, this claim in the unfulfilled part may be presented to the person bearing subsidiary liability. The person bearing subsidiary responsibility must, before satisfying the claim brought against him by the creditor, warn the main debtor about this, and if a claim is brought against such a person, involve the main debtor in the case.To date, the Defendants have not fulfilled their obligations, in addition, they unilaterally refused to fulfill their obligations.The Defendant has not handed over the above-mentioned car to this day.
according to the Agreement on the Act of acceptance of the transfer to the Lessor. At this time, the rented car has not been known to us for more than a month and we cannot find the car, whereas according to clauses 12, 13, 16, 17, 18, 19 of the Agreement, the "Lessee" is obliged, at the first request of the representative of the "Lessor", to inform about the location and condition of the car. All risks, including the risk of accidental loss of Property, are borne by the "Tenant". In the cases specified in paragraph 13.16 The "Lessee" undertakes, at his own expense, or upon payment of the insured sum, to make the necessary repairs to the car as soon as possible at the expense of this amount. In this case, the daily payment amounts will not be paid, but the validity of this Agreement is extended for the duration of the repair, but not more than 10 days. At the same time, he pays the costs of new insurance on his own.If, as a result of a violation of the terms of this Agreement, namely non-payment of daily payments within 6 (six) days, the "Lessor" decides to terminate this Agreement and withdraw the Car from the "Lessee", the latter undertakes to reimburse the "Lessor" for the entire cost of restoring the previous condition, taking into account normal wear and repair of the Car, if required. As well as in case of an accident, the person who acts as the guarantor is obliged to fulfill all the terms of this agreement._ On February 20, a Pre-trial claim was sent to the Defendants and the Defendants were asked to return funds in the amount of 1,429,000 tenge to the Plaintiff within the time 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 the agreement dated __ June 20__ for the rental of a car with subsequent purchase were violated, namely, the late payment of the rent of the car. As a result, the Defendants incurred arrears in accordance with clause 3 of the Agreement, for daily payment for delay of 110 days in the principal debt in the amount of 660,000 tenge, accrued penalty for delay of 110 days, which amounted to 165,000 tenge for each day of delay in accordance with clause 22.23 of the Agreement. According to the Receipt dated __.01.20__, the Defendant wrote a receipt for receiving funds for car repairs in the amount of 50,000 tenge, which he pledged to return by __.02.20__, but did not return.Paragraph 30 of the Agreement stipulates that in case of refusal to fulfill the terms of the agreement, as well as in case of premature return of the car, the "Lessee" undertakes to pay a penalty in the amount of 50% of the original cost of the car 1,393,000 tenge, amounting to 696,500 tenge. In total, the debt owed by the Defendants to the Plaintiff amounted to 1,571,500 tenge.
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.
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