Complaint form for actions of a Private bailiff
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 Bostandyk District Court of Almaty
Republic of Kazakhstan, Almaty,
050043, Orbita 2- microdistrict, 20 A.
From the Applicant: _________________
IIN: ___________
____________________
IIN___________.
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibekzholy 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, ul. _____________.
+7 7___________
Claim
on the actions of a Private bailiff
Based on the loan agreement no. _____ dated 04/18/20__, concluded between JSC "___________" and _______________, the bank provided the defendant with a loan 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, _______________ 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. _______________, according to the pledge agreement No. _____; 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. _______________ according to the pledge agreement no. _____.
Guarantees are provided as additional security. _______________ and TOO "_________". In connection with the non-fulfillment of contractual obligations, the bank filed a lawsuit, after which: 11/23/201_ District Court no.2 Auezovsky district of Almaty, consisting of the chairman: judges _______________., with the participation of the plaintiff's representative _______________. acting on the basis of a power of attorney dated 06/08/201_, a representative of the defendants _______________. (power of attorney dated 16.11.201_g.) having considered in open court in Almaty civil case on the claim of JSC "_______________" to _______________, _______________, JSC "_________" on the recovery of the debt amount, the Court decided: Claims of JSC "_______________" satisfy. Collect in solidarity with ___________, _______________, JSC "_________" in favor of JSC "_________" part of the reward amount 10,409,000 (ten million four hundred and nine thousand) tenge and court costs for the payment of state duty 312,270 (three hundred and twelve thousand two hundred and seventy) tenge. After that, the Private bailiff of the executive district of Almaty Bank Center Credit, operating under license no. ____ dated 02/25/201_, located in Almaty _______________, based on the executive document for ______________ from On 27.06.201_, issued by the District court No. 2 of the Auezovsky district of Almaty on recovery in solidarity with ___________, ______________ and TOO "_________" jointly and severally in favor of JSC _________" 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 №______________ dated 05/27/201_. 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 18.10.201_, 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 10/20/201_. May 26, 201_goda 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 ______________, ______________, LLP "_________" on the recovery of the amount owed, the Court decided: To recover from ______________, ______________ and TOO "_________" jointly and severally in favor of JSC "___________" the amount of the 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 ______________., operating under license no. ___ dated 02/25/201_, located at: Almaty, pr. ___________, on the grounds of the executive document no. _________ dated 06/27/2018 issued by the District Court No. 2 of the Auezovsky district of Almaty on recovery in solidarity with ___________, ___________ and TOO "_________" jointly and severally in favor of JSC "_________" the amount owed on the main debt in the amount of 107,640,404 tenge and collection from ______________________ in favor of JSC "_________" expenses for the payment of the state duty in the amount of KZT 1,076,404, penalties from ________________ in favor of JSC "_________" expenses for the payment of state duty in the amount of KZT 1,076,404, recoveries from LLP "_________" in favor of JSC "_________" expenses for payment of the state duty in the amount of KZT 1,076,404, enforcement proceedings were initiated for №_______________ dated 06.11.201_.
After the emergency _____________., She carried out a number of actions to enforce the court's decision, thus on December 22, 201_ by a private bailiff of the executive district of Almaty, _____________, additional collateral was sold through the Auction 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, located at: Almaty, ul. _____________ for an amount below the estimated value of 29 594 880 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 amounted to 79,090,257 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 09/24/201_, 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 11.10.201_. 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, 2016, in tenge at the exchange rate of the National Bank on August 18, 2015. 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 09/24/201_ and 10/18/201_ 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 issues within a day This is the resolution. 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:
If during the execution no payment has been made for the activities of the private bailiff, the costs of execution have not been reimbursed, the advance payments made by the recoverer, the private bailiff issues and sends to the debtor the decisions specified in subitems 9) and 10) of paragraph 1 of Article 9 of this Law.
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.
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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