A private complaint about the actions of a Private bailiff
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To the Bostandyk District Court of Almaty
Republic of Kazakhstan, Almaty,
Orbita 2nd microdistrict, 20 A.
The applicant: ___________________
IIN _____________
Almaty, md. ____________________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
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: Private bailiff
Executive district of Almaty city
___________________
IIN ___________,
Republic of Kazakhstan, Almaty,
st. ____________
phone: +7 7____________
Private complaint
on the actions of a private bailiff
In accordance with the bank loan agreement №__________ Dated 03/14/2011, the plaintiff provided the defendant with a loan in the amount of 15,000,000 tenge, for a period of 120 months, with an interest rate of 15%. In accordance with the terms of the agreement, the borrower has undertaken to repay the loan in full and on time in monthly installments, in the amounts and deadlines set by the payment schedule. In order to ensure the fulfillment of obligations under the loan agreement, a Mortgage agreement has been concluded between the parties №__________ dated 03/14/2011, according to which the defendant pledged to the plaintiff an apartment building located at the address: Almaty, __________________.
Due to the failure to properly fulfill contractual obligations, the bank filed a lawsuit to recover the amount owed. And on May 17, 201_, the Bostandyk District Court of Almaty, consisting of: the chairman, the judge __________________., at the secretary of the court session __________________., with the participation of the plaintiff's representative, Z. Isabayeva, and the defendant's representative, G. Sarzhanov, having considered the case in open court at the Bostandyk District Court. Almaty civil case on the claim of JSC "________" to __________________ on the recovery of the amount owed, the Court decided: Claims of JSC "________" - partially satisfy. Collect from __________________ in favor of JSC "________" the amount of debt in the amount of 14,906,301 (fourteen million nine hundred six thousand three hundred one) tenge, the cost of paying the state fee in the amount of 447,189 (four hundred forty-seven thousand one hundred eighty-nine) tenge. To deny the rest of the claims.
Due to the improper execution of the decision of the Bostandyk District Court of Almaty, the Bostandyk District Court of Almaty issued a writ of execution for №__________ about collecting from __________________ in favor of JSC "________" the amount of debt in the amount of 14,906,301 tenge, the cost of paying the state fee in the amount of 447,189 tenge, on the basis of which the Private Bailiff of the Regional Chamber of Private Bailiffs of Almaty, _______________., An enforcement case was initiated . Production №_________ dated July 30th, 201_. On August 13, 201_, an application for postponement of the execution of the court decision was sent to the Private Bailiff, which also indicated the intention to provide a report on the valuation of collateral from a licensed valuation company to a private bailiff, however, the private bailiff did not pay attention to this paragraph of the Application, on August 25, 201_ issued a Resolution on the participation of a specialist in assessment of the seized property. Dear Court, prior to the Ruling on the participation of a specialist in the valuation of collateral, the Private bailiff was informed of the Debtors' intentions to conduct and provide an assessment. According to article 68.
The Law on Enforcement Proceedings and the Status of Bailiffs stipulates that payment for the assessment of the debtor's seized property is assigned to the parties to the enforcement proceedings and is subsequently reimbursed at the expense of the debtor. The specified article also states that the Bailiff, within ten working days from the moment of arrest and identification of the debtor's property, issues a resolution on the appointment of an appraiser by: self-appointment of an appraiser; appointment of an appraiser at the suggestion of one of the parties to the enforcement proceedings; instructions from one of the parties to the enforcement proceedings to assess the debtor's property and copies of the bailiff's decision to appoint an appraiser are sent to the parties to the enforcement proceedings no later than the day following the day of its issuance. In Article 250 of the Civil Procedure Code of the Republic of Kazakhstan, a complaint may be filed against the actions (inaction) of the bailiff to execute enforcement documents, including challenging tenders, during enforcement proceedings or against the refusal to commit such actions by the recoverer or debtor. The complaint is filed with the district (city) court of the territorial area served by the bailiff or at the place of registration of a private bailiff within ten working days from the date of the action (refusal to perform the action) or from the day when the recoverer or debtor, who was not notified of the time and place of the action by the bailiff, became aware of it. The complaint is filed at the place where the enforcement actions were performed if the territorial area served by the bailiff or the place of registration of a private bailiff are located in the same locality as the place where the enforcement actions were performed. A preliminary appeal to higher authorities and to a higher official in the order of subordination does not prevent the filing of a complaint to the court.
Also, paragraph 6 of this article, the actions of the bailiff related to the valuation of property, as well as the acceptance or refusal to accept a report on the valuation of property may be appealed in accordance with the procedure established by this article. Based on paragraph 14 of Article 541 of the Tax Code of the Republic of Kazakhstan, "Individuals and legal entities are exempt from paying state fees in courts for filing applications to the court, as well as complaints about the actions of bailiffs." Therefore, before making a decision on the fate of a specialist in the assessment of seized property, a private bailiff had to find out all the above information and then make a decision in accordance with the principles of good faith, reasonableness and fairness. Based on the above, I ask the Court to take into account the difficult financial situation of the Debtor and make a decision in accordance with the principles of good faith, reasonableness and fairness, since each action of the HSI is an additional expense.
Based on the above and guided by the Law of the Republic of Kazakhstan "On Enforcement proceedings and the status of Bailiffs".
I ask the Court:
To declare illegal the actions of a private bailiff _______________, on the issuance of a resolution on the participation of a specialist in the assessment of seized property dated August 25, 201_;
Assign it to a private bailiff _______________., obligations to eliminate violations of the debtor's rights in full.
With respect,
Representative by proxy:
________________/ Sarzhanov G.T.
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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