Complaint about the actions of a private bailiff for alimony
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.
To the Regional Chamber of Private Bailiffs of Almaty.
address: Almaty, 050000,
__________________________
Phone: 8 _______________, ___________,
from: _________________________
IIN: _________________________
Address: Almaty, ______________________
Phone: 8 _________________________
Statement
_ On August 20, I received a court order from the Medeu District Court of Almaty because _________________________ he evaded paying alimony for the maintenance of a minor child.
Complaint about the actions of a private bailiff for alimony
Next, I contacted the Medeu Territorial Department of the Department for the Enforcement of Judicial Acts of Almaty, where, on the basis of a court order of the Medeu District Court of Almaty dated __ August 20__, enforcement proceedings were initiated. However, the compulsory collection of alimony for the maintenance of a child with _________________________ it was not produced. Employees of the Medeu Territorial Department of the Department for the Enforcement of Judicial Acts referred to the fact that they did not have information about their location and place of work. _________________________. Whereas in accordance with paragraph 1 of art. 45 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings" (hereinafter - the Law) If the debtor's place of residence is unknown, the bailiff is obliged to apply to the court at the place of execution of the enforcement document with a request to declare the debtor wanted through the internal affairs bodies, the anti-corruption service, and the economic investigation service. If a search is announced for the debtor and there is no property behind him that can be foreclosed on, the enforcement proceedings are suspended. Subsequently, I repeatedly contacted the Medeu Territorial Department of the Department for the Enforcement of Judicial Acts in order to obtain information on the progress of enforcement proceedings, but, unfortunately, the proceedings also remained inactive. After long unsuccessful attempts to recover alimony, after arbitrariness and negligence on the part of bailiffs, since they could find it on their own _________________________ I didn't have the chance, so I gave up.
Complaint about the actions of a private bailiff for alimony
In 20__, I learned from the media that private bailiffs can be contacted for enforcement proceedings. After that, I turned to the private bailiff of the executive district of Almaty. _________________________ ( hereinafter referred to as HSI) for the compulsory recovery of alimony by court order of the Medeu District Court of Almaty dated __ August 20__ of the year. However, ________________ He issued a decision to refuse to initiate enforcement proceedings, arguing that the court order did not meet the requirements for enforcement documents and that the debtor did not have an IIN. By this action, the private bailiff violated the requirements of Article 45 of the Law, moreover, the CSI has access to information from databases, from where it would not be difficult for him to find out the IIN. _________________________ Despite my having the right to file a complaint with the court about the actions of the CSI, I decided not to rush it, and I started searching for information on the debtor myself, after which I provided the CSI _________________________ data. __ February 20__ of the year HSI _________________________, on the basis of a court order of the Medeu District Court Almaty on __ August 20__, enforcement proceedings were initiated № _________________________ about collecting from _________________________ in favor of _________________________ child support payments in the amount of one quarter of earnings or other income.
Complaint about the actions of a private bailiff for alimony
In the resolution on the determination of debt dated __.02.20__ of the CHSI, I am guided by paragraph 1 of Article 169 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), the debt was determined only from __.02.20__ to __.02.20__ G. Whereas, in paragraph 2 of art. 169 of the Code states: in cases where the retention of alimony on the basis of a writ of execution or on the basis of a notarized agreement has not been carried out in connection with the search for a person who is required to pay alimony, alimony is collected for the entire period regardless of the period specified in paragraph 1 of this Article and the age of majority of the person for whose maintenance the alimony was awarded. Thus, in accordance with paragraph 2 of Article 169 of the Code, the CSI had to determine the debt from __.08.20__ to __.02.20__ In paragraph 3 of art. 169 of the Code states: In cases where the person obligated to pay alimony did not work during this period or if documents confirming his earnings and other income are not provided, the alimony arrears are determined based on the average monthly salary in the Republic of Kazakhstan at the time of debt collection. The resolution on debt determination dated __.02.20__ defined debt from __.02.20__ to __.02.20__ in the amount of 542,459 tenge, based on one quarter of earnings or other income for 36 months*15,069 tenge. However, according to official data, in the Republic of Kazakhstan, the average monthly nominal salary of one employee in January-March 20__, i.e. at the time of debt collection, was 132,769 thousand tenge. Therefore, the debt should have been determined at the rate of 36 months * 33 192 tenge =1,194 921 tenge. It turns out that, in fact, the debt is illegally underestimated by more than two times.
Complaint about the actions of a private bailiff for alimony
At the moment, HSI _________________________ refuses to enforce the collection of alimony for the maintenance of a child with _________________________ in my favor in the period from __.08.20__ to __.02.20__ Based on the above,
I ask you to:
To give a legal assessment of the actions of a Private bailiff of the executive district of Almaty city _________________________
In case of detection of a violation of the law in the actions of a private bailiff _________________________, assign responsibilities to him for the elimination of violated rights _________________________
To respond to the application within the time limits prescribed by law.
with respect,
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
