The form of Cancellation of the notary's executive inscription on debt collection

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 notary ____________________ License no. _________

from _________ year address: __________________

from: ______________ IIN _____________

address: __________________ tel.: ______________

Objection

on the notary's executive inscription ______________ from __________ G.

______________ of the year from a private bailiff of the city of Nur-Sultan ______________ I have received executive order no. ______, which was written out by you ______________.When studying the executive inscription, I found out that you had established the amount of debt ______________ before ______________, IIN ______________, in the amount of 120,000 (one hundred and twenty thousand) tenge, and the costs incurred by the recoverer for the execution of the executive inscription in the amount of 3,788 (three thousand seven hundred and eighty-eight) tenge, as well as the costs of sending notification letters about the commission

 

the executive inscription is 440 (four hundred and forty) tenge. The total amount to be recovered is 124,228 (one hundred twenty-four thousand two hundred twenty-eight) tenge.I disagree with the executive order for the following reasons:

In accordance with paragraph 2 of Articles 92-1 of the Law of the Republic of Kazakhstan "On Notaries" (hereinafter referred to as the Law), debt collection is carried out on the basis of an executive inscription or a corresponding resolution for the following indisputable requirements: 2) on the fulfillment of an obligation based on a written transaction, the due date of which has come and non-fulfillment 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 my case, the requirement is ______________ it is not indisputable, since I do not agree with the established amount of debt. I also did not receive a pre-trial claim, and I did not recognize the non-fulfillment of the obligation.

I have not received a copy of the notary's executive order. This violated the requirements of Articles 92-6 of the Law, since according to paragraph 1 of Article 92-6 of the Law, after making an executive inscription, the notary sends a copy of it to the debtor with a notification of delivery no later than the next business day. And in turn, the Debtor has the right, within ten working days from the date of receipt of a copy of the executive inscription, to send objections to the stated claim in writing with notification to the notary who executed the executive inscription.

The executive inscription was issued in violation of the requirements of art. 92-3 of the Law. In accordance with paragraph 10 of art. 92-3 of the Law, the executive inscription must contain the deadline and procedure for submitting an application for the cancellation of the executive inscription.

According to paragraph 3 of Article 92-1 of the Law, penalties (penalties) and interest, if any, are not collected on the basis of an executive inscription. Between me and TOO ______________ A loan agreement has been concluded №______________ from ___________ in the amount of 30,000 (thirty thousand) tenge. You set the amount owed at 120,000 (one hundred and twenty thousand) tenge, therefore, together with the interest (remuneration) and penalty (penalties) due. By doing so, you violated the requirements of paragraph 3 of art. 92-1 of the Law.

In accordance with clause 4 of Article 36-1 of the Law "On Banks and Banking Activities in the Republic of Kazakhstan", a bank or an organization engaged in certain types of banking operations is prohibited from assigning rights (claims) under a bank loan agreement to a third party, with the exception of assignment of rights (claims) to the following persons:

- collection agency;- a bank; - an organization that performs certain types of banking operations;- a subsidiary of the bank acquiring doubtful and uncollectible assets of the parent bank; - organizations,

 

specializing in improving the quality of second-tier banks' loan portfolios;- a special financial company established in accordance with the legislation of the Republic of Kazakhstan on project financing and securitization, in the case of a securitization transaction.Because, TOO ______________ performs certain types of banking operations, it had no right to assign the right of claim to an individual.By virtue of paragraph 2 of Articles 92-6 of the Law, 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 it to the notary who executed the executive inscription or issued the relevant resolution., objections to the stated claim in writing with notification.

According to paragraph 3 of Articles 92-6 of the Law, the debtor's objection must contain the reasons for disagreement with the stated claim.In accordance with paragraph 1 of Articles 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 clauses 2 of Articles 92-8 of the Law, a copy of the resolution on the cancellation of the executive inscription or the corresponding resolution must be handed over or sent to the recoverer or debtor in accordance with Article 92-6 of this Law no later than the next business day after their issuance. In the event that the notary's decree has not revoked the executed executive inscription or the corresponding resolution on the debtor's objection, their challenge is carried out in court.Based on the above,

ask you:

Cancel the notary's executive order ______________ for no._______ from ______________ G., on the recovery of the amount of debt from ______________ in favor of ______________ in the amount of 124,228 (one hundred twenty-four thousand two hundred twenty-eight) tenge.

The resolution on the cancellation of the executive inscription should be sent to: ____________________________

With respect,

___________/ ______________ "___"__________2019 G. 

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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