Complaint form against the bailiff's decision

To the Talgar District Court of the Almaty region

Republic of Kazakhstan, Talgar.

From debtors:

___________________

IIN: ___________________

___________________

IIN: ___________________

address: Talgar, ul. ___________________

bodys.: ___________________

Defendant: Private bailiff

___________________

Recoverer: JSC "________"

address: Almaty, ul. ___________________

BIN: ___________________

Claim

on the decision of the bailiff on the seizure of property

 "22" August 20__ year between us and AO "________", A bank loan agreement was signed, №_____________., in the amount of 4,330,000 tenge. The fulfillment of obligations under the bank loan agreement was secured by my collateral real estate, which is the only real estate, a land plot with an area of 0.1150 hectares, located at the address: Almaty region, Talgar district, _____________., cadastral number: _____________; which is on "___" _________ 2016 year according to the assessment of the LLP "______________" made it up _________________ tenge. Due to financial difficulties, we have made repeated written and oral requests to JSC "________" - to provide any preferential conditions for the fulfillment of obligations under the Bank Loan Agreement in the hope of resolving the current situation in a pre-trial manner peacefully. However, despite all our appeals, the bank decided to recover from us in court, and the Talgar District Court issued a decision in absentia to recover from us in favor of JSC "________" 4 817 972 tenge. After that, he was a private bailiff of the executive district of the Almaty region. Yerenbaev D.A., having reviewed the materials of the enforcement proceedings for №_____________ Issued by the Talgar District Court of the Almaty region on recovery in solidarity with _____________ and _____________ in favor of Kaspi Bank JSC, the amount of debt in the amount of 4,817,972 tenge, as well as the amount of the state duty in the amount of 144,539 tenge. A total of 4,962,511 tenge was recovered, and enforcement proceedings were initiated. During the execution, it was established that according to the real estate registration database, the following real estate assets were registered with the debtors, located at: 1)Almaty region. Talgar district, cadastral number: _____________; 0,25 Ha, of land. 2)owned by _____________ IIN: _____________; Almaty region, Talgar district, cadastral number: _____________; owned on the right of lease with the state for 49 years. Currently, enforcement proceedings have been withdrawn from the private bailiff D.A. Ergenbaev. We have also reached an agreement with the bank to pay 40,000 tenge per month to repay the loan. Meanwhile, according to paragraph 13 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 12.01.2009 No. 2 "On the adoption of interim measures in civil cases", when considering the plaintiff's application for the adoption of such an interim measure as the seizure of property, the court does not specify specific items or types of property and does not establish its value, which may be subject to arrest, even if the plaintiff requests the seizure of specific items in the application. According to paragraph 1 of Article 62 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the status of Bailiffs" (hereinafter - the Law), - "The bailiff in the enforcement chains is obliged to seize the debtor's property, including in cases provided for by law, with the approval of the court, while the bailiff has the right not to apply the rules of the order of foreclosure on the debtor's property). In accordance with paragraphs 1 and 2 of article 63 of the Law, "When foreclosing on property, the bailiff determines whether it belongs to the debtor, the actual value and the encumbrance on it. In cases where it is difficult to establish the ownership of property that is not subject to state registration and there are grounds to assume that this property belongs to the debtor, the bailiff has the right to seize the property until its ownership is clarified. If the property does not belong to the debtor, then he is obliged to provide the bailiff with the necessary evidence establishing the ownership of the seized property. After making sure that the property belongs to the debtor, the bailiff includes it in the inventory, depending on the amount of the penalty, arrests all or part of the property and sends the seizure order to the relevant state registration authorities. At the same time, an inventory of immovable property is not carried out." Based on paragraph 1 of Article 66 of the Law, "The bailiff makes an inventory of the debtor's property in the amount necessary to repay the amount awarded to the recoverer, the costs of execution and the costs of paying for the activities of a private bailiff. In the case provided for in paragraph 5 of Article 55 of this Law, the value of the described property may exceed the amount of the penalty under the enforcement document. The bailiff may seal the items that have been subject to inventory." Also, based on article 67 of the Law, the bailiff keeps a record of the inventory and seizure of property. By virtue of the requirement of paragraph 1 of Article 68 of the Law, "The assessment of the debtor's property is carried out by a bailiff, taking into account its market value and actual depreciation according to the methodology for assessing the debtor's property approved by the authorized body. This may take into account the valuation agreement reached between the recoverer and the debtor. If the assessment of individual items is difficult, either the debtor or the recoverer object

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