Complaint about the actions of the bailiff to establish and pay the amount of activity
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To the Bostandyk District Court of Almaty, Republic of Kazakhstan,
Almaty, 050043, Orbita 2- microdistrict, 20 A.
From the Applicant: ............ IIN: №............. …………. IIN: .................
Proxy representative: Sarzhanovgalymzhanturlybekovich IIN: 850722301036.
50 Zhibekzholy ave., office 202, Medeu district, 050002, Almaty,
Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Defendant: Private bailiff of the executive district of the city
Almaty, .......... IIN ......................... Republic of Kazakhstan, ul. .............. In, office 312. +7 702 …………
Claim
on the actions of a Private bailiff
Based on the loan agreement No.... dated 04/18/20..... concluded between JSC Bank CenterCredit and gr.............., The bank provided the defendant with a loan in the amount of 550,000 euros for a period of 180 months, with an interest rate of 17 % per annum, for the purchase of real estate. To secure their obligations under the bank loan agreement, gr.............., provided as collateral: 1). an apartment building consisting of seven residential premises, with a total area of 456.7 sq.m., including residential – 195.30 sq.m., with a land plot of 0.0809 Ha, at the address: Almaty, md. ..............., d.9, according to the pledge agreement .................; 2). non-residential premises, Letter A, with a total area of 144.50 sq.m., with a share of a land plot of 0.03551 ha, at the address: Almaty, ul. ................. Batyr, 66/297 according to the pledge agreement no................. As additional collateral, guarantees were provided by Baigaina A.H. and LLP "...............". In connection with the non-fulfillment of contractual obligations, the bank filed a Lawsuit, after which:
11/23/2012 District Court no.2 Auezovsky district of Almaty, consisting of the chairman: judges .........................., with the participation of the plaintiff's representative .................. current based on a power of attorney from 08.06.20.............. year, representative of the defendants ................ (power of attorney from 16.11.20........... having considered in open court in Almaty a civil case on the claim of Bank Center Credit JSC against gr.............., gr..............,, JSC "............" on the recovery of the debt amount, the Court decided: The claims of JSC "............" satisfy. Collect in solidarity with gr.............., gr..............,, JSC "................" in favor of JSC "Bank Center Credit" part of the remuneration amount of 10,409,000 (ten million four hundred and nine thousand) tenge and court costs for the payment of state duty of 312,270 (three hundred and twelve thousand two hundred and seventy) tenge. After the Private bailiff of the executive district of Almaty gr.............., gr..............,, operating under license No. 1012 from 25.02.20.......... of the year, located at Almaty, Abaya ave., .... In, office ......., based on executive document No. 2...... dated 06/27/20.... issued by the district court No. 2 of the Auezovsky district of Almaty on recovery in solidarity with gr.............., gr.............., and TOO "........" in solidarity with in favor of Bank Center Credit JSC, a part of the amount of remuneration of 10,409,000 tenge and court costs for the payment of state duty of 312,270 tenge initiated Enforcement proceedings for №......... from 05/27/20..... years. According to the claimant's statement on the termination of enforcement proceedings in connection with the passage of the refinancing program, ................ terminated enforcement proceedings on the above-mentioned writ of execution. As a result, the CSI issued its Resolution approving the amounts of payment for the executive actions performed and the amounts dated 18.10.20....... The year approved the amount of payment for the bailiff's activities, which amounted to 1,072,127 tenge. The said Resolution was received by the Debtors by mail on 20.10.20...... of the year. On May 26, 20..., the District Court no.2 Auezovsky district of Almaty under the chairmanship of a judge ............., with the participation of the plaintiff's representative ............, the defendant .............. simultaneously representing the interests of the defendant .............. by proxy and LLP "...........", having considered in the premises of the district court in open court the civil case on the claim of JSC ".............." to .............., gr.............., LLP "..............." on the recovery of the amount owed, the Court decided: To recover from gr.............., gr.............., and TOO "............" jointly and severally in favor of JSC "................." the amount outstanding principal debt in the amount of 107,640,404 (one hundred seven million six hundred forty thousand four hundred four) tenge. Also, a private bailiff of the executive district of Almaty gr.............., operating under license no.... dated 02/25/20..., located at: Almaty, pr. ..........., 3 office floor ...., on the grounds of the executive document for № 2-........... dated 06/27/20.... issued by the district court No. 2 of the Auezovsky district of Almaty on recovery in solidarity with gr.............., and Nomad Finance LLP jointly and severally in favor of JSC "........." the amount of debt on the principal debt in the amount of 107,640,404 tenge and collection from the.............., in favor of Bank Center Credit JSC, the cost of paying the state fee in the amount of KZT 1,076,404, recoveries from gr.............., in favor of JSC "Bank Center Credit" expenses for payment of the state duty in the amount of KZT 1,076,404, recovery from Nomad Finance LLP in favor of Bank Center Credit JSC expenses for payment of the state duty in the amount of KZT 1,076,404, enforcement proceedings were initiated for №............. from 06.11.20... of the year.
After the emergency ..............., She carried out a number of actions to enforce the court's decision, thus, on December 22, 20.., a private bailiff of the executive district of Almaty, ......., sold additional collateral through an Auction, non-residential premises, Letters A, with a total area of 144.50 sq.m., with a share of a land plot of 0.03551 ha, located at the address: Almaty, Rozybakieva ug./ Bogenbai Batyr str., 66/297 for an amount below the estimated value in rezmer .............. tenge. The winner of the electronic Auction is recognized .................. as a result of which 28,550,147.50 tenge was transferred to the recoverer's account, the amount of payment for the activities of the CSI amounted to 887,846.40 tenge, the total balance of 156,887 tenge is not known where it was transferred. To date, the remaining debt, according to our calculations, should have been .............. tenge, but the CSI in its resolutions indicated the remaining debt of 80,355,219 tenge. According to the claimant's statement on the termination of enforcement proceedings in connection with the passage of the refinancing program, ................ terminated enforcement proceedings on the above-mentioned writ of execution. As a result, the CSI, by its Resolution approving the amounts of payment for the executive actions performed and the amounts dated 09/24/20... approved the amount of payment for the bailiff's activities, which amounted to 2,410,657 tenge. The said Resolution was received by the Debtors on purpose on 11.10.20... of the year. Thanks to the support and foresight of our Nation's Leader, the Guarantor of Statehood and defender of all citizens of the Republic of Kazakhstan, Nursultan Nazarbayev, it was instructed to adopt a program for refinancing housing mortgage loans/mortgage loans for his compatriots in need. It provides for the refinancing of foreign currency mortgage loans to individuals received before January 1, 20... in tenge at the exchange rate of the National Bank on August 18, 20...of the year. In accordance with the specified program, the Debtors have passed the program, and today they regularly fulfill their contractual obligations. We have repeatedly offered to reimburse the real costs of the CSI's activities in the amount of about 100,000 tenge and thus settle them peacefully. We have repeatedly received a refusal from the CSI.
Dear Court, By the Resolutions of 24.09.20... of the year and 18.10.20... of the year of the Private Bailiff of the Executive District of Almaty, ..............., on the approval of the amounts of payment for the performed enforcement actions and the amounts – do not agree on the following circumstances: In cases of termination of enforcement proceedings, the bailiff in He issues a resolution on this during the day. The enforcement document or its copy with the appropriate mark is sent by the bailiff to the court or other authority that issued the document. Simultaneously with the termination of the enforcement proceedings, the enforcement measures are subject to cancellation. According to enforcement documents terminated on the basis of this article, after the execution of which the enforcement sanction, execution costs, penalties and the amount of payment for the activities of a private bailiff are subject to recovery, enforcement measures are subject to cancellation only after their recovery. According to the Law of the Republic of Kazakhstan On Enforcement Proceedings and the Status of Bailiffs, Article 120. "The procedure for collecting amounts of payment for the activities of a private bailiff from a debtor" provides: 1. If during the execution no payment has been made for the activities of a private bailiff, the costs of execution have not been reimbursed, and advance payments made by the recoverer, the private bailiff shall issue and send to the debtor the resolutions specified in subitems 9) and 10) of paragraph 1 of Article 9 of this Law. 2. The execution of an enforcement document does not exempt the debtor from paying the actual costs incurred for the execution and payment for the activities of a private bailiff, if it is executed after its presentation for enforcement. 3. The debtor's execution of an enforcement document, bypassing a private bailiff, does not exempt him from paying the actual costs incurred for the execution and payment for the activities of a private bailiff. Article 113. "Expenses for the performance of executive actions" is provided for:
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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